Description
The SEC sues Kik alleging it conducted an unregistered initial coin offering when it sold $100M worth of its cryptocurrency (Kin) in 2017, $55M of which was bought by US investors. The court granted the SEC's motion for summary judgment.
Legal Significance
The court rejected the argument that the definition of “investment contract” is too vague as applied to Kik, and held that Kin fulfilled the requirements of a security because all 3 elements of Howey were satisfied.
Status
Settled
Case No.
1:19-cv-05244
Date Filed
June 4, 2019
Plaintiff
SEC
Defendant
Kik Interactive Inc.
Court
USDC Southern District of New York
Plaintiff Counsel
Devon BrownLaura D'AllairdDavid S. MendelDebevoise & Plimpton LLP
Defendant Counsel
Cooley LLPKirkland & Ellis LLPSquire Patton Boggs LLP
Major Filings
Related Developments
CFTC v. 1Pool
CFTC v. 1Pool
Settled
CFTC v. Binance
CFTC v. Binance
Settled
CFTC v. Coinflip
CFTC v. Coinflip
Complaint Filed
CFTC v. Deridex
CFTC v. Deridex
Settled
CFTC v. Falcon Labs, Ltd.
CFTC v. Falcon Labs, Ltd.
Settled
CFTC v. Mek Global Ltd.
CFTC v. Mek Global Ltd.
Complaint Filed
CFTC v. Ooki DAO
CFTC v. Ooki DAO
Settled
CFTC v. Opyn
CFTC v. Opyn
Settled
Combs v. SafeMoon (SafeMoon Class Action)
Combs v. SafeMoon (SafeMoon Class Action)
Motion to Dismiss
Consensys Software Inc. v. SEC
Consensys Software Inc. v. SEC
Motion to Dismiss
Cress v. Nexo Financial LLC
Cress v. Nexo Financial LLC
Motion to Dismiss
Grayscale v. SEC
Grayscale v. SEC
Settled
Hunichen v. Atonomi LLC (Atonomi Class Action)
Hunichen v. Atonomi LLC (Atonomi Class Action)
Settled
In Re Ripple Labs Inc. Litigation
In Re Ripple Labs Inc. Litigation
Motion to Dismiss
Moeller-Bertram v. Gemini
Moeller-Bertram v. Gemini
Dismissed
Morgan v. Constellation
Morgan v. Constellation
Dismissed
Patterson v. Jump Trading
Patterson v. Jump Trading
Appeal
Patterson v. TerraForm Labs Pte Ltd. (Terra [Luna] Class Action)
Patterson v. TerraForm Labs Pte Ltd. (Terra [Luna] Class Action)
Motion to Dismiss
Risley v. Uniswap Labs (Uniswap Class Action)
Risley v. Uniswap Labs (Uniswap Class Action)
Appeal
Rostami v. Open Props Inc.
Rostami v. Open Props Inc.
Dismissed
SEC v. 1Pool
SEC v. 1Pool
Settled
SEC v. AirFox
SEC v. AirFox
Cease-and-Desist
SEC v. American CryptoFed DAO
SEC v. American CryptoFed DAO
Cease-and-Desist
SEC v. Arbitrade
SEC v. Arbitrade
Motion to Dismiss
SEC v. Beaxy
SEC v. Beaxy
Settled
SEC v. BitClave
SEC v. BitClave
Cease-and-Desist
SEC v. Bitqyck
SEC v. Bitqyck
Settled
SEC v. Blockchain of Things
SEC v. Blockchain of Things
Cease-and-Desist
SEC v. Coinseed
SEC v. Coinseed
Settled
SEC v. Crowd Machine
SEC v. Crowd Machine
Settled
SEC v. DeSalvo
SEC v. DeSalvo
Complaint Filed
SEC v. Dragonchain
SEC v. Dragonchain
Complaint Filed
SEC v. Dropil
SEC v. Dropil
Settled
SEC v. Eisenberg (Mango Markets Hacker)
SEC v. Eisenberg (Mango Markets Hacker)
Complaint Filed
SEC v. Elbanna
SEC v. Elbanna
Settled
SEC v. Gemini
SEC v. Gemini
Complaint Filed
SEC v. Green United
SEC v. Green United
Motion to Dismiss
SEC v. Grybniak et al
SEC v. Grybniak et al
Complaint Filed
SEC v. Hydrogen Technology Corp.
SEC v. Hydrogen Technology Corp.
Settled
SEC v. Kik
SEC v. Kik
Settled
SEC v. Krstic, DeMarr & Enos
SEC v. Krstic, DeMarr & Enos
Complaint Filed
SEC v. LBRY
SEC v. LBRY
Settled
SEC v. Meta 1 Coin Trust
SEC v. Meta 1 Coin Trust
Settled
SEC v. Munchee
SEC v. Munchee
Cease-and-Desist
SEC v. Paragon Coin, Inc.
SEC v. Paragon Coin, Inc.
Cease-and-Desist
SEC v. Quantstamp
SEC v. Quantstamp
Settled
SEC v. Ripple
SEC v. Ripple
Settled
SEC v. SafeMoon
SEC v. SafeMoon
Complaint Filed
SEC v. Sharma et al
SEC v. Sharma et al
Settled
SEC v. ShipChain
SEC v. ShipChain
Cease-and-Desist
SEC v. Shopin
SEC v. Shopin
Settled
SEC v. SoluTech
SEC v. SoluTech
Cease-and-Desist
SEC v. Sparkster
SEC v. Sparkster
Cease-and-Desist
SEC v. Sun
SEC v. Sun
Motion to Dismiss
SEC v. Telegram
SEC v. Telegram
Settled
SEC v. TerraForm (Luna)
SEC v. TerraForm (Luna)
Settled
SEC v. Thor
SEC v. Thor
Settled
SEC v. Tierion
SEC v. Tierion
Cease-and-Desist
SEC v. Tomahawk
SEC v. Tomahawk
Settled
SEC v. Uulala
SEC v. Uulala
Settled
SEC v. Veritaseu
SEC v. Veritaseu
Settled
SEC v. Wireline
SEC v. Wireline
Cease-and-Desist
Teed v. Chen
Teed v. Chen
Motion to Dismiss
Thomson vs. Persistance Technologies
Thomson vs. Persistance Technologies
Complaint Filed
Underwood v. Coinbase Global Inc.
Underwood v. Coinbase Global Inc.
Settled
USA v. Todd (Digitex Futures)
USA v. Todd (Digitex Futures)
Settled
Williams v. Binance
Williams v. Binance
Complaint Filed
Williams v. Block.One (Block.One Class Action)
Williams v. Block.One (Block.One Class Action)
Settled