Legal Opinion

US Securities and Exchange Commission v. LBRY, Inc.

District Court, D. New Hampshire

Decided November 7, 2022No. 1:21-cv-00260Unknown

1Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Securities and Exchange Commission v. Case No. 21-cv-260-PB Opinion No.

2022 DNH 138

LBRY, Inc. MEMORANDUM AND ORDER The Securities and Exchange Commission (SEC) contends that LBRY, Inc. offered and sold unregistered securities in violation of Section 5 of the Securities Act of 1933. LBRY responds that it does not need to comply with the Securities Act because its alleged security, a blockchain token called LBC, is not a security at all. Instead, it argues that LBC functions as a digital currency that is an essential component of…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  4. Reves v. Ernst & YoungSupreme Court of the United States · 1990
  5. Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973

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