Blog Digital Currency Perspectives May 10, 2019

Consensus 2019: Check out Goodwin’s Sponsored Session “Perspectives on SEC Engagement Concerning Digital Assets”

Goodwin will be out in full force at Consensus 2019 taking place next week in New York. We are sponsoring an informative all-female panel featuring Goodwin Partner Meghan Spillane and Counsel Tami Goldberg, as well as guest speakers from Coinbase and the SEC’s Division of Corporation Finance, discussing engaging with the SEC with regards to digital assets.

The SEC has historically accepted requests from companies to provide confirmation that a yet-to-be-launched product or program would not trigger an enforcement action within that regulator’s jurisdiction. With the explosion of the digital assets, and the accompanying regulatory scrutiny over these projects, many companies are choosing to engage with the SEC’s Strategic Hub for Innovation and Financial Technology (FinHub) to seek guidance before their platforms are launched and digital assets are released.  Still others choose to proceed with their blockchain-based projects, mindful of the SEC’s guidance, but without directly engaging with the Division or seeking formal approval to proceed.  This panel will focus on tactical considerations in deciding whether or not to seek pre-launch guidance from the SEC, including the mechanics of the process, the benefits of engagement, and potential pitfalls of proceeding without seeking such guidance.  The panel will also feature a discussion of the Division of Corporation Finance’s recently-released “framework” for analyzing digital assets under the securities laws and the accompanying “no action” letter released to TurnKey Jet, Inc.

Check out the panel on Monday, May 13, 2019 at 4:20PM in the Rendezvous Trianon ballroom.