Sheppard's The Legit Ledger · 2023-08-17 · 30 min
In this episode of the Legit Ledger, Matthew Lisle of Wedbush Securities joins Sheppard Mullin partner Bill Kane and associate William Sierra-Pambley to discuss recent developments impacting the digital asset marketplace, including the Ripple and Terraform opinions from the Southern District of New York. What We Discussed in This Episode: There remains a lack of judicial consensus in applying the 1946 United States Supreme Court case, SEC v. W.J. Howey, where the Court delineated a three pronged test for determining what constitutes a security subject to SEC oversight. 77 years later the courts remain in disagreement on how to apply the Howey test as illustrated in recent US District Court decisions Ripple and Terraform. Cryptocurrency industry leaders want clear and comprehensive digital asset industry regulation to promote market transparency and investor confidence. Mr. Lisle provides his views on why the Commodity Futures Trading Commission ("CFTC") should be the chief digital asset regulator and how it would benefit the market. Mr. Lisle discusses a path forward for the digital asset industry facing continued regulatory uncertainty.
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