In March 2020, a Southern District of New York court issued a significant decision in Securities and Exchange Commission v. Telegram Group Inc. et al., strengthening the U.S. government’s efforts in cryptocurrency enforcement – an area that is largely unsettled. As we wrote in our article discussing that decision, Judge P. Kevin Castel’s opinion is potentially groundbreaking for the token industry – and the SEC’s enforcement efforts in this space – because the court focused on “economic reality” in piercing through contractual representations and warranties to decide whether a token sale should be regulated under the securities laws.

Click here to read the full GT Alert, “Another Significant Cryptocurrency Decision: SEC v. Kik Interactive Inc. and Token Offerings Under the Securities Laws.”

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Photo of David I. Miller David I. Miller

David I. Miller, an experienced trial lawyer and former federal prosecutor, focuses his practice on white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served…

David I. Miller, an experienced trial lawyer and former federal prosecutor, focuses his practice on white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served for five years as an Assistant U.S. Attorney in the Southern District of New York (S.D.N.Y.), over half that time as a member of the Securities and Commodities Fraud Task Force. He also served as a terrorism prosecutor with the Department of Justice in Washington, D.C., as a Special Assistant U.S. Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a white-collar, securities, and commercial litigation attorney in private practice. Before joining Greenberg Traurig, David was a partner at another global law firm.

Photo of Charlie Berk Charlie Berk

Charles J. Berk focuses his practice on government investigations, securities and commodities fraud, antitrust law, cryptocurrency, and white collar criminal defense. With both civil and criminal law experience, Charles counsels clients on a variety of matters ranging from criminal fraud allegations to complex

Charles J. Berk focuses his practice on government investigations, securities and commodities fraud, antitrust law, cryptocurrency, and white collar criminal defense. With both civil and criminal law experience, Charles counsels clients on a variety of matters ranging from criminal fraud allegations to complex commercial litigation. Charles represents a variety of clients including public and private companies, cryptocurrency businesses, senior officers, directors, and managers, and other individuals facing risks of government investigation, criminal, civil and regulatory enforcement and prosecution, related civil litigation, and in matters requiring complex internal investigations. His recent work includes white collar defense representations, including persuading the S.D.N.Y. to dismiss its securities fraud indictment against a public company’s CFO in United States v. Pappagallo.