Judge sends Howey question to higher court in Coinbase case
The Second Circuit is set to examine how crypto assets should be classified under securities laws as a judge has granted Coinbase an interlocutory appeal regarding the definition of investment contracts. This development comes amid ongoing lawsuits facing multiple crypto firms. Judge Katherine Polk Failla emphasized the importance of the legal question at stake, relating to the application of the Howey test to transactions involving crypto assets within digital ecosystems. The decision requires the Second Circuit to address a significant legal issue of first impression, which has implications for numerous pending cases. Failla also issued a stay in proceedings until the appellate ruling is received, which may take several months. This situation could impact the broader crypto industry significantly, potentially offering a clearer regulatory framework if Coinbase prevails in its appeal.
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