Regulators' Jurisdictional Overreach In Crypto Enforcement
By Jason Gottlieb, Daniel Isaacs and Christopher PendletonApril 12, 2018, 11:10 AM EDT
Law360 (April 12, 2018, 11:10 AM EDT) -- Tremendous uncertainty currently surrounds cryptocurrency regulation. The U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission both claim jurisdictional authority — sometimes over the same products — yet no new legislation has been passed, no new regulations have been promulgated, and very few court decisions have addressed the issue of who, if anyone, has regulatory authority over cryptocurrency.
A slew of regulatory enforcement cases currently pending in the courts may settle the issue one way or the other. Or, they could result in...