In a Westlaw Today article, attorneys analyzed the recent ruling in the SEC v. Ripple Labs, et al. case alleging the unregistered offer and sale of XRP, a digital token, as a security.
The authors examine the ruling by Judge Analisa Torres of the U.S. District Court for the Southern District of New York and discuss the potential impacts it could have on future cases and the broader regulation of digital assets.
The authors note that if courts continue to analyze whether digital tokens are the subject of an investment contract, rather than whether tokens themselves constitute investment contracts, the crypto industry may see a favorable shift in the outcome of future litigation and enforcement actions.
The article was authored by litigation & enforcement partner Helen Gugel and asset management partner Melissa Bender.
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