Securities law professor: It's time for Uniswap to 'prepare for war'
Professor J.W. Verret teaches corporate and securities law and financial accounting at George Mason Law School.
In this episode of The Scoop, Verret discusses the potential legal challenges that Uniswap may face from the Securities and Exchange Commission and highlights the similarities between the Coinbase case and the possible claims against Uniswap.
Verret says the charges the SEC is likely to bring against Uniswap could include operating as an unlicensed broker dealer, operating an unregistered exchange, and/or selling unregistered securities.
Landmark XRP ruling could force SEC to settle with Coinbase, says securities law professor
Professor J.W. Verret teaches corporate and securities law and financial accounting at George Mason Law School.
In this episode, Verret analyzes the recent verdict on Ripple's XRP token which concludes that "Ripple’s Programmatic Sales of XRP did not constitute the offer and sale of investment contracts."
In addition to providing a degree of regulatory clarity for crypto assets, Verret also argues that the court's decision in the XRP case will greatly improve Coinbase's chances in their court case against the SEC.
Outline:
1:05 - XRP Court Verdict
6:00 - Coinbase Re-listing XRP
7:15 - Coinbase vs. SEC
9:55 - Will the SEC Settle?
12:08 - Appellate Court
13:04 - New SEC Chair
14:06 - Unregistered Securities
15:00 - Major Questions Doctrine
16:22 - Crypto Legislation
17:00 - Partisan Politics
20:40 - Spot Bitcoin ETF
22:05 - Closing Thoughts
Securities law professor analyzes the SEC’s crypto crackdown: Part 2
Previously on The Scoop, Professor J.W. Verret explained how the ‘major questions doctrine’ could put an end to SEC Chair Gensler’s regulation by enforcement.
In this episode, Verret continues his analysis of the SEC's recent enforcement actions against Coinbase and Binance, and examines the ways in which U.S. regulation of the crypto industry might be able to strike a balance between innovation and consumer protection.
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Securities law professor analyzes the SEC’s crypto crackdown: Part 1
Professor J.W. Verret teaches corporate and securities law and financial accounting at George Mason Law School.
From May 2018 to March 2022, Professor Verret served as an Advisory Committee Member to the U.S. Securities and Exchange Commission where he represented the interests of investors in making recommendations to SEC Chair Gensler and other Commissioners.
In part one of this two part interview, Verret explains how a principle of administrative law in the United States known as the 'major questions doctrine' could challenge the SEC's use of the Howey Test to determine if an asset is a security under federal law.
According to Verret, the major questions doctrine is a way for the court to check the power of independent agencies:
"If Congress has not given you specific authority to regulate a thing as an agency and you're seeking to regulate it, if it involves a major question of national, economic or political importance, then you need to get authorization from Congress before you do anything."
The major questions doctrine will likely not be discussed until the SEC's lawsuits against Coinbase and Binance.US reach the appellate courts, says Verret, "but it's one of the things that looms over these cases, without a doubt."
This episode is brought to you by our sponsors PayPal and CleanSpark.
About PayPal
Make your crypto move with PayPal. Get started today at PayPal.com/crypto
About CleanSpark
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Coinbase's Legal Action Against the SEC: How It Will Likely Unfold - Ep. 486
Major crypto exchange Coinbase has decided to take action to get an answer from the Securities and Exchange Commission: this week, they filed a court action seeking to compel Gary Gensler’s agency to give specific rulemaking on crypto assets. J.W. Verret, associate professor of law at George Mason Law School, talks about how both parties are playing this game, how it could change the Howey test, and much more.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.
Show highlights:
whether there's a long-term chess strategy being played by Coinbase
whether the case could actually change the Howey test
why the 'West Virginia vs. EPA' is important for crypto
what the SEC's strategy is and why the Kraken settlement was an “overreach,” according to J.W.
whether the SEC could develop a new framework for crypto assets
how the Ripple case will unfold and how long it will take if it is appealed
Thank you to our sponsors!
Crypto.com
Railgun DAO
Guest
J.W. Verret, Associate Professor of Law at George Mason Law School
J.W.’s thread
My story of telling the SEC ‘I told you so’ on FTX
Public Request for Rulemaking: Securities Regulation Genesis Block Proposal
Previous coverage of Unchained on the SEC’s actions:
Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’
Is the Government Trying to Kill Off Crypto in the US?
Coinbase’s Top Lawyer Calls SEC Wells Notice a ‘Massive Overreach’
Links
Unchained: Coinbase Seeks to Compel SEC Response to Rulemaking Petition - Unchained Crypto
Coinbase takes another formal step to seek regulatory clarity from SEC for the crypto industry
IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT COINBASE, INC.’S PETITION FOR WRIT OF MANDAMUS TO THE
Coinbase petition for SEC rulemaking
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