When Does a Token Stop Being a Security? The Howey Test Evolution in 2026
Learn how the Howey test applies to crypto in 2026, when tokens may graduate from securities, and actionable steps for founders and counsel navigating SEC guidance.
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SEC Crypto Task Force 2025-2026: Registration Pathways and Regulatory Clarity Roadmap Explained
The SEC Crypto Task Force is developing registration pathways and regulatory guidance for digital assets. Here’s what crypto founders and compliance teams need to know for 2026.
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SEC Crypto Task Force 2026: What the New Enforcement Priorities Mean for Token Projects
The SEC Crypto Task Force has reshaped enforcement priorities in 2026. Here’s where enforcement is still aggressive, where it has pulled back, and what token projects should do now.
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Wyoming DAO LLC vs Delaware LLC: Which Structure Is Right for Your Protocol in 2026
Compare Wyoming DAO LLC and Delaware LLC structures for your protocol in 2026 — formation, liability, banking access, governance, costs, and securities law implications.
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NFT Securities Classification: Applying the Howey Test to Digital Collectibles (2026)
How the SEC and federal courts apply the Howey test to NFTs — enforcement actions, the Dapper Labs ruling, prong-by-prong analysis, and compliance steps for creators and platforms.
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SEC Commissioner Peirce Invites Tokenization Firms to Engage: What It Means for Crypto in 2026
SEC Commissioner Peirce invites tokenization firms to engage with the agency, emphasizing disclosure over merit regulation. What it means for crypto projects in 2026.
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SEC Publishes Canary PENGU ETF Filing: What the First NFT-Adjacent Crypto ETF Means for US Investors in 2026
The SEC published Cboe BZX’s proposed rule change for the Canary PENGU ETF — the first NFT-adjacent crypto ETF to reach Amendment No. 2. Here’s the legal analysis.
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SEC Blocks Prediction Market ETFs in 2026: Implications for Crypto Platforms and the CFTC Turf War
The SEC blocked prediction market ETFs tied to elections and recessions. Here’s what it means for crypto prediction platforms, the Howey test, and the SEC-CFTC jurisdictional battle.
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Bitwise 10 Crypto Index ETF: SEC Approval of the First Multi-Asset Crypto ETF in 2025
The SEC approved the first multi-asset crypto basket ETF in November 2025. Here’s what the Bitwise 10 Crypto Index ETF and Rule 8.500-E amendment mean for US investors.
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Smart Contract Liability in 2026: Who Is Responsible When the Code Fails?
Liability never attaches to bytecode — it attaches to whoever holds control, and US enforcers have four distinct theories for finding them. This follow-up analysis maps DeFi’s five-layer liability stack against CFTC v. Ooki DAO, Van Loon v. Treasury, SEC v. Rari Capital, and the general partnership rulings in Sarcuni v. bZx DAO and Samuels v. Lido DAO. Includes a layer-by-layer risk assessment and seven concrete mitigations for protocol builders.
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Uniswap v4 Hooks: Legal Implications for Protocol Developers (2026 Guide)
Uniswap v4’s hook architecture moves regulatory risk from the AMM to the developer who writes the callback — and the analysis turns on custody, discretion, and revenue. This deep dive maps hook archetypes against FinCEN money transmission rules, CFTC leverage enforcement, Howey, and OFAC obligations, drawing on Risley v. Universal Navigation, the Opyn/ZeroEx/Deridex settlements, Van Loon v. Treasury, and the 2025 Storm verdict. Includes a hook-by-hook risk matrix and nine practical rules for builders.
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AI Token Securities Analysis: The Howey Test in 2026
AI token securities analysis under the Howey test: why AI utility rarely defeats investment contract status, and what US issuers must do in 2026.
