SEC’s Stricter Enforcement Against ICOs: What You Need to Know
With blockchain technology significantly changing the banking, payments and securities landscapes, initial coin offerings (ICOs) have become increasingly popular. An ICO is a way of raising money through the issuance of a virtual token, using the same blockchain technology that powers cryptocurrencies. This type of funding activity has become an attractive mechanism for startups, entrepreneurs, and other companies because of its radically simple funding techniques. However, in the summer of 2017, the U.S. Securities and Exchange Commission (SEC) issued an investigative report concluding that tokens issued by a virtual organization called the DAO constitute securities, and therefore are subject to securities laws and regulations. Since the release of the DAO report, SEC officials have publicly stated that issuers of digital tokens that have the hallmarks of a security, i.e., an investment, should either be registered or obtain a valid exemption. Moreover, from mid-2017 to mid-2018, the SEC has initiated 11 ICO related enforcement actions. Civil cases related to ICOs are expected to arise as SEC intensifies its ICO regulation.
In this LIVE Webcast, a team of thought leaders and professionals assembled by The Knowledge Group will present important issues surrounding SEC’s stricter enforcement against ICO violations. Speakers will also identify key risk areas and address common issues and threats to avoid legal challenges and other damages.
Key topics include:
- Initial Coin Offerings – What It Is and What You Need to Know
- Scope and Considerations
- Legal Issues and Limitations
- Identifying Risks Areas
- Significant Court Rulings
- Trends and Developments
Robert Lindholm, Of Counsel
Nelson Mullins Riley & Scarborough LLP
- What is an ICO and why should I care?
- SEC v. Howey
- Recent SEC Enforcement Actions
- The DAO Report
- In the Matter of Munchee, Inc.
- In the Matter of Tomahawk Exploration LLC
Kan M. Nawaday, Partner
- Criminal and DOJ focus
John E. Rollins, Managing Director
Ankura Consulting Group, LLC
- Investigating the financial analysis to help attorneys if there is an enforcement action
- Red flags of fraudulent signs
Who Should Attend:
- Corporate & Securities Lawyers
- Brokers and Dealers
- Digital Finance Professionals
- Financial Fraud Practicing Lawyers
- Senior Financial Management
- Financial Crime Attorneys & Consultants
- Risk and Compliance Officers
- Legal Counsel
- Top Level Management
- Start Up, Entrepreneur and Small Business Individual Companies or Groups
- Other Interested/Related Individuals
Robert L. Lindholm is of counsel in Nelson Mullins Riley & Scarborough LLP’s Charlotte and New York offices where he focuses his practice on government investigations and white collar defense, complex business litigation, class action defense, and eDiscovery and litigation readiness. Mr. Lindholm has experience representing large banks, hedge funds, and other Fortune 500 companies in government investigations and complex commercial litigation and securities matters. In addition, he has appellate experience at both the federal and state levels. His background includes representing clients before federal and state regulators, including the Securities and Exchange Commission, Department of Justice, and Commodity Futures Trading Commission, and in federal and state courts, including in multidistrict litigation proceedings. Prior to joining Nelson Mullins, Mr. Lindholm was an associate at Milbank, Tweed, Hadley & McCloy in New York and also completed a nine-month secondment in the New York office of Goldman, Sachs & Co. in the Business Intelligence Group/Compliance Group.
Robert L. Lindholm is of counsel in Nelson Mullins Riley & Scarborough LLP’s Charlotte and New York offices where he …
Kan M. Nawaday is a member of Venable’s Investigations and White Collar Defense Practice Group, where he represents corporations and individuals in government and regulatory investigations and enforcement actions, as well as in internal investigations, white collar criminal defense, and complex business litigation matters. Mr. Nawaday is a former federal criminal prosecutor who served over eight years in the United States Attorney’s Office for the Southern District of New York. Mr. Nawaday has tried 15 federal criminal trials, has briefed and argued numerous appeals, and was a member of the public corruption and asset forfeiture units of the United States Attorney’s Office.
Kan M. Nawaday is a member of Venable’s Investigations and White Collar Defense Practice Group, where he represents corporations and …
John E. Rollins has over 17 years of experience serving as either an expert witness or consultant in an array of matters. Mr. Rollins focuses his practice on helping clients throughout the U.S. and internationally work through complex and unstructured business challenges in the context of high-stakes litigation and other settings, including complex commercial disputes, shareholder litigation, bankruptcy matters, partnership/post-acquisition disputes, White Collar defense, fraud and cybercrime investigations, ability-to-pay analyses, asset tracing, and responses to regulatory enforcement actions or inquiries.
John E. Rollins has over 17 years of experience serving as either an expert witness or consultant in an array …
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Method Of Presentation:
Basic Knowledge in Blockchain Technology
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About Nelson Mullins Riley & Scarborough LLP
Nelson Mullins Riley & Scarborough LLP offers the strength and resources of attorneys and professional staff experienced in a range of services. We provide advice and counsel in litigation, corporate, economic development, securities, finance, intellectual property, government relations, regulatory, and other needs of clients ranging from private individuals to large businesses, including many publicly held companies. Established in 1897, Nelson Mullins has more than 575 attorneys and other professionals with offices in 11 states and Washington, DC. For more information on the Firm, go to www.nelsonmullins.com.
About Venable LLP
Venable is an American Lawyer 100 law firm. With more than 675 attorneys across the country, we are strategically positioned to advance our clients’ business objectives in the U.S. and abroad. Our clients rely on Venable's proven capabilities in all areas of corporate and business law, complex litigation, intellectual property, and regulatory and government affairs.
About Ankura Consulting Group, LLC
Ankura is an expert services firm defined by HOW they solve challenges. Whether a client is facing an immediate business challenge, trying to increase the value of their company or protect against future risks, Ankura designs, develops, and executes tailored solutions by assembling the right combination of expertise. They build on this experience with every case, client, and situation, collaborating to create innovative, customized solutions, and strategies designed for today’s ever-changing business environment. This gives their clients unparalleled insight and experience across a wide range of economic, governance, and regulatory challenges. At Ankura, they know that collaboration drives results.