Understanding Dufoe v. DraftKings: Massachusetts federal case concerning the Evolving Landscape of Digital Assets (NFTs)
Blog post for the recent Massachusetts case of Dufoe v. DraftKings in federal court in Boston, Massachusetts.
Security Today, Non-Security Tomorrow: Have Recent Crypto Decisions Under the Howey Test Created Unworkable Standards?
For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling the debate as to whether the term “investment contract” is void for vagueness because it fails to give people and businesses a reasonable answer as to what is or is not a security.
Is It Time to Re-Assess Whether the Term “Investment Contract” in the Securities Act and Exchange Act is Unconstitutionally Vague?
For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling the debate as to whether the term “investment contract” is void for vagueness because it fails to give people and businesses a reasonable answer as to what is or is not a security.