Jason Gottlieb Discusses Crypto Companies’ Fight Against SEC Charges on CoinDesk TV and in CoinDesk Article

Jason Gottlieb’s recent interview with CoinDesk TV was the primary source for a CoinDesk article entitled “Crypto Companies May Use a Supreme Court Doctrine to Push Back Against SEC: Lawyer.” The article discussed Jason’s perspective on the SEC’s widening view of what it considers a "security" and what happens when cryptocurrency companies fight back against SEC charges.

Jason said that as more crypto companies try to push back against the SEC (e.g., the new SEC v. Bittrex complaint), they may invoke the "major questions doctrine," which holds that while regulators have significant delegated authority, they can’t exceed their Congressional authority and make decisions on questions of major importance for the United States. “That’s for Congress to set the law,” said Jason, “not for the SEC to say, 'we believe the law should be no crypto.'”

Jason also stated that the current U.S. regulatory approach to crypto will have a major and negative effect on America’s economic and financial competitiveness, noting that other jurisdictions, such as the European Union, the U.K., Singapore, Japan and the Cayman Islands, “are developing legal regimes that can allow people to operate legally.”

“We try to tell our clients as best we can what the law requires [and] what regulators require,” he said. “And sometimes, we have to tell them, sorry, it can’t happen here.”

Read the CoinDesk article and watch a clip from Jason’s CoinDesk TV interview here.

Watch the full CoinDesk TV interview here.