Posts in Faculty Contributor
Ripples in the Terraform: Judges Rakoff and Torres Disagree Over Whether Exchange-Based Sales of Tokens Are Investment Contracts (Part 2 of 3)

In the second part of this three-part series, Professor Ari Gabinet dives further into the cases of SEC v. Ripple Labs, Inc. and SEC v. Terraform Labs Pte. LTD, providing a discussion about whether to classify cryptocurrency or digital tokens as “investment contracts”. 

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Ripples in the Terraform: Judges Rakoff and Torres Disagree Over Whether Exchange-Based Sales of Tokens Are Investment Contracts (Part 1 of 3)

In the first part of this three-part series, Professor Ari Gabinet explores the cases of SEC v. Ripple Labs, Inc. and SEC v. Terraform Labs Pte. LTD. The decisions made in these two court cases raises questions of whether purchases of cryptocurrency would be classified as an “investment contract” under federal securities law.

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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 6 of 6)

In the final segment of his six-part series, Professor Ari Gabinet compares the ongoing SEC v. Ripple Labs case against the Kik case. He concludes the series by calling for a consistent regulatory model for cryptocurrency. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 5 of 6)

In the fifth piece of his six-part series, Professor Ari Gabinet analyzes the role of Kin’s contract in determining whether it is a security. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.

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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 4 of 6)

In the fourth part of his six-part series, Professor Ari Gabinet analyzes Kin’s status as a security based on the ramifications of the Howey test. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 3 of 6)

In the third segment of his six-part series, Professor Ari Gabinet discusses the application of the Howey test in the case of digital currency utilized by instant messaging service Kik to build out its blockchain. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.



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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 2 of 6)

In this second installation in his six-part series, Professor Ari Gabinet details the Howey test, a legal standard used to evaluate whether a transaction constitutes an investment contract. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 1 of 6)

In this first segment of a six-part series, Professor Ari Gabinet begins to outline how digital assets such as cryptocurrencies and NFTs conform—or fail to conform—with the SEC’s current regulator framework. Professor Gabinet is an expert in securities law, drawing from experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Fetal Heartbeats, Civil Enforcement and Standing Under the Texas Constitution

In his article, Professor Ari Gabinet argues that the issue of plaintiff’s standing to bring suit in state court may be central to countering the recent Texas abortion statue. Professor Gabinet explores how a recent Supreme Court decision, Transunion LLC. v. Ramirez, limits the use of private causes of action, the avenue created by the Texas legislature to curtail abortions.


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