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August 16, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

The SEC’s Tomahawk Order: ICO Marketing Doomsday?

On August 14, 2018, the U.S. Securities and Exchange Commission (SEC) issued an order against Tomahawk Exploration LLC (Tomahawk) and its principal, David Thompson Laurance (the “Order”), regarding an ICO for Tomahawkcoins that Tomahawk …

August 1, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

Tokenization of Real Estate: What, Why and How

Special thanks to Jor Law, Esq., for his insights and comments on this article.

Real estate has nearly always been considered a relatively safe investment. After all, whatever happens in the stock market, people will always need a place to live and work. Yet, real estate transactions also tend …

July 17, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

Effect of SEC Compliant ICO in U.S. on Token Utility Status

Since the benchmark DAO report of investigation[1], Munchee cease-and-desist order[2] and underlying proceedings in 2017, the SEC’s position on ICOs and token sales has been unshakeable: digital assets, such as tokens, used in the …

July 16, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

How to Launch a Security Token Offering (STO) in the US

Things to consider when structuring and launching STO in the U.S

July 11, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

Security Token Basics: What Are Security Tokens?

The history of virtual tokens thus far has involved various attempts to limit the likelihood of being classified as a security under U.S. law. During 2017, many blockchain developers designed their virtual tokens as utility tokens (as distinct from security tokens) in the hope that doing …

June 15, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

7 Common Myths About Selling Virtual Tokens in the United States

2017 saw the emergence of virtual tokens as a viable method of raising capital for blockchain businesses. But it also saw the development and spread of many dangerous myths about how U.S. law treats virtual tokens. Many of those myths continue to mislead companies interested in developing new tokens to this …

May 13, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

How to Launch a Token Sale Legally in the U.S.

Myths & realities surrounding token sales in the U.S.  How to launch a token sale in the U.S. within 3 weeks without registering with the SEC under Regulation D + S.

March 15, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

Why Germans Should Invest in U.S. Real Estate, But Not Through an LLC

Between April 2016 and March 2017, foreign buyers purchased a record $153 billion in residential real estate in the United States. Buyers from Germany were one of the top 10 groups of foreign buyers during that time. These investors were attracted to U.S. real estate for many reasons, but one that merits closer …

February 7, 2018   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

Regulation of Token Sales (aka ICOs) Throughout the World

“I believe every ICO I’ve seen is a security.”

With those nine words in a hearing before the U.S. Senate Banking Committee in February 2018, the chairman of the U.S. Securities and Exchange Commission (SEC) confirmed the worst fears of many blockchain startups—that their ICOs, also known as …

December 23, 2017   |   By: Max Dilendorf, Esq. and Rika Khurdayan, Esq.

An Overview of the Laws Governing Virtual Tokens

In July 2017, the Securities and Exchange Commission (SEC) released an investigative report on DAO Tokens, a virtual token, finding that they were securities under a 1933 federal law. But the …