Blog

FINLAW: No action letter issued by SEC as to when a digital asset is not a security, April 3, 2019

  The SEC today issued no action relief to Turnkey Jet, Inc. (Turnkey) providing for the first time an analysis of when a digital asset is not a security.  Unsurprising, the SEC relied on the opinion of legal counsel that set forth factual representations alleviating the concern that the digital asset issuance was for the purpose…

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Speaker, Oppenheimer Blockchain Institutional Summit, February 20, 2019, Lotte NY Palace Hotel, New York City

Participated on the compliance for digital securities panel at the Oppenheimer Blockchain Summit at the Lotte NY Palace Hotel in NYC. This may very well be the first institutional blockchain conference. Patrick Byrne of tZero gave the keynote. The afternoon panel with Carlos Domingo, Trevor Koverko, Josh Stein, Andrew Keys and Tom Shaughnessy was excellent.…

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FINLAW: Online Funding Platforms Will Encounter More Regulatory Scrutiny in 2019

See my article appearing in Crowdfundinsider.com at https://www.crowdfundinsider.com/2019/01/143962-caution-online-funding-platforms-will-encounter-more-regulatory-scrutiny-in-2019/   On January 22, 2019, the Financial Industry Regulatory Authority (FINRA) released its examination priorities for 2019.  At the top of the list was online funding platform compliance with the securities laws. With an uptick in the offer and sale of securities offerings online with Rule 506(c) of Regulation…

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FinLaw: Scott Andersen of finlawyer.com Named One of the Top 5 Litigation Attorneys in EB5 Space, January 16, 2018

Scott Andersen of finlawyer.com Named Top 5 Litigation Attorney in the EB-5 Space, January 16, 2018 by EB5 Investors Magazine.

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Speaker, 51 percent Crypto Research Podcast, November 20, 2018

The legality of ICOs Etherdelta, Paragon and Airfox enforcement actions The legality of security tokens and exchanges Will all ICOs have to return investor money How the SEC is positioning in the space The BAKKT Delay ETF timing and impact Much, much more.   Listen to podcast at the link below. https://fiftyonepercent.podbean.com/e/scott-andersen-a-former-prosecutors-take-on-the-legality-of-crypto-icos-returning-funds-and-sec-enforcement-actions/

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Speaker, Initial Coin Offering (ICO) Regulations: New Opportunities, New Risks – The Knowledge Group Webinar, November 15, 2018

https://www.theknowledgegroup.org/webcasts/initial-coin-offering-regulations/#webcast-portal The Knowledge Group webinar focusing on ICOs, STOs, securities regulations and enforcement actions.  Other Panelists included Seth W. Goettelman, Principal, Kovitz Shifrin Nesbit; Harvey Kesner, CEO, Darisolutions; and David G. Adams, Attorney, Clifford Chance.

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Speaker, Guest Lecturer at Campbell University Law School, Raleigh, NC on the JOBS Act, Blockchain and CryptoCurrency, November 13, 2018

Discussion of the JOBS Act, crowdfunding and blockchain/cryptocurrency before the Global Corporate Compliance class.

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Speaker, Annual Blockchain and Crypto Currency Investor Conference, September 26, 2018, New York, NY

Participant on SEC regulatory panel, Blockchain and Regulation: Peter D. Hatzipetros, President, and Founder of Petros Law Group, Scott Andersen, Scott Andersen is principal at Andersen, P.C., finLawyer.com| George S. Georgiades, General Counsel at Prime Trust | Gary Ross, Co-Founder of Ross & Shulga PLLC | Chi-Ru Jou, Partner at CKR Law | Max Dilendorf, Managing partner…

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FinLaw: Helicopter Regulators and the Right to Choose Your Own Investments

Compliments to Hester Pierce, who is asking the right questions and stated the following at a recent speech: "It puzzles me that it is so difficult for those of us who regulate the securities markets to understand this concept; after all, capital markets are all about taking risk, and queasiness around risk-taking is particularly inapt.…

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FinLaw: Broker-Dealer and Investment Adviser inadequate cyber security procedure and control cases will be SEC and FINRA priority for many years to come

A new SEC enforcement case a against dully registered broker-dealer and investment adviser for deficient cyber security procedures under Reg S-P and Reg S-ID resulting in sanctions and a $1 million civil money penalty. Expect to see many, many more, and similar FINRA cases coming soon.  https://www.sec.gov/litigation/admin/2018/34-84288.pdf

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