Description
Consensys brings an action against the SEC for its attempt to regulate ETH as a security. Plaintiff seeks declaratory judgement claiming that ETH is not a security and an injunction prohibiting the SEC from pursuing enforcement actions premised on ETH transactions being securities transactions. Further, and among other things, Consensys seeks a declaratory judgment that offering services through MetaMask Swaps and MetaMask Staking does not make Consensys a broker under the Securities Act.
Legal Significance
Whether Consensys can obtain an injunction against the SEC from ever pursuing enforcement actions premised on ETH transactions being securities transactions.
Status
Motion to Dismiss
Case No.
4:24-cv-00369
Date Filed
April 25, 2024
Plaintiff
Consensys Software Inc.
Defendant
Gary GenslerCaroline A. CrenshawJaime E. LizárragaMark T. UyedaHester M. PierceSEC
Court
USDC Northern District of Texas Forth Worth Division
Plaintiff Counsel
Wick Phillips Gould Martin LLPWachtell Lipton Rosen & Katz
Defendant Counsel
Jeffrey A. BergerEzekiel L. HillJack KaufmanDavid D. LisitzaJason J. RoseSamuel C. Wasserman
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