The Howey Test for Investment Contracts as a Definition of a Security in the Context of Digital Assets

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Credit General:1.0

Tag(s) 2024 Annual Meeting, Securities

Description

Nebraska MCLE #265072. 1.0 CLE Hours. (OnDemand credit)

This presentation will provide an overview of the framework articulated by the United States Supreme Court in Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), to define which investment contracts qualify as a security under federal law. Providing a review of the elements to the Howey framework, this presentation will revisit the most prominent case law. The focus of this presentation will then shift to digital assets, such as cryptocurrency, blockchain, and NFTs, defining and classifying these assets. The SEC has made several attempts to treat some of these assets as securities. The presentation will summarize the SEC’s arguments and cover applicable judicial opinions.

Irina Fox, Creighton University School of Law
Professor Fox specializes in business law, researching debtor-creditor relations and writing on bankruptcy issues. Prior to joining the faculty of Creighton University School of Law, Professor Fox practiced law in San Francisco at an AmLaw A-List firm of Latham & Watkins. She represented multinational corporations in complex business litigation, focusing on antitrust. Professor Fox worked on several high-profile mergers. She was part of a trial team in a highly publicized Silicon Valley case. She also represented emerging companies in finance transactions and worked on cutting-edge bankruptcy matters. She defended the rights of several pro bono clients. Professor Fox clerked for the Honorable Carl J. Barbier at the federal district court for the Eastern District of Louisiana. She graduated summa cum laude (second in her class) from the Louisiana State University Law Center and is a member of the Order of the Coif.

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