Jason Gottlieb Quoted in Forbes on Groundbreaking Scholarship That Discusses Why Crypto Assets Are Not Securities
Jason Gottlieb was quoted in a November 14, 2022 Forbes.com article entitled “A Path to Crypto Regulation: New Scholarship Sheds Light During Crypto Winter.” The article discussed a new scholarly paper regarding the nature of crypto assets, which offers a clear analysis of “why fungible crypto tokens, generally the object of blockchain fundraising schemes, should not be treated as securities under our current set of laws and precedent.”
Jason, who praised the paper published by Lewis Cohen and his colleagues at DLx Law, is quoted in the article stating, “It is important for courts to distinguish between the investment contract, which is a security, and the token itself, which is not.” The article cited the SEC vs Ripple case as a prominent example of this ongoing debate, and in particular, mentioned the amicus brief filed by Morrison Cohen in that case on behalf of our client the Blockchain Association, which addresses this issue in detail.
Regarding the latest piece of legal scholarship, Jason said, “Lewis and his colleagues have produced a monumental piece of research. It delves into the appellate decisions interpreting Howey case law to show why a token itself is not a security, nor does the case law support the notion that it could be.”
Read the Forbes article here.
Contacts
- Jason P. Gottlieb Partner & Chair, Digital Assets; Chair, White Collar and Regulatory Enforcement
- jgottlieb@morrisoncohen.com
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Our Digital Assets Group represents some of the largest and most significant names in the sector, drawing upon our depth of experience and comprehensive understanding of cryptocurrency, DeFi, DAOs and NFTs.
