I. Introduction
For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling
I. Introduction
28 U.S.C. § 1782 permits foreign litigants to obtain discovery in the United States in aid of foreign litigation. In the age of crypto litigation—arising from business disputes, scams, and/or fraud—litigants abroad could use Section 1782 as a means to trace crypto
I. Introduction
It is unclear whether and to what extent the Electronic Fund Transfer Act (“EFTA”)—which dictates rights and liabilities as to unauthorized electronic fund transfers—applies to cryptoassets and crypto transactions. The answer depends on future interpretations of various terms in the EFTA’s statutory text.