Top

Terraform Labs civil trial proceeds with confidential filings

Policy & Regulation·December 23, 2023, 12:32 AM

Singaporean blockchain development firm Terraform Labs, the creator of the failed Terra blockchain protocol, has reached an agreement on a protective order in their ongoing civil case with the United States’ Securities and Exchange Commission (SEC).

Photo by Thomas Habr on Unsplash

 

Data shielded from public disclosure

The decision, sanctioned by the U.S. District Court Judge Jed Rakoff in the Southern District of New York on Wednesday, ensures that materials marked as confidential by the involved parties will remain shielded from public disclosure. The court is obligated to seal any discovery filings labeled confidential ahead of the trial.

Judge Rakoff conveyed his likelihood of denying requests to unseal these confidential documents, although the order did not delve into the specific rationale for maintaining their confidential status beyond citing “good cause.” The finalized agreement on this protective order took place on Dec. 18, with legal representatives from both the SEC and Terraform Labs, including co-founder Do Kwon, giving their consent. Kwon, presently detained in Montenegro, faces potential extradition to the United States or South Korea.

 

Pivotal moment

The depegging of Terraform’s stablecoin TerraUSD (UST) from the U.S. dollar marked a turning point in the cryptocurrency sector. This event is believed to have significantly contributed to the crypto market downturn in 2022, as it had a knock-on effect on countless other crypto businesses and platforms that were over-exposed to the flawed algorithmic currency.

That chain of events led to the SEC taking action after the fact. However, it has subsequently also pursued a much criticized “regulation by enforcement” policy relative to the crypto sector. To that end, the Commission has pending cases against Coinbase, Ripple, Kraken and Binance, among others.

In February, the SEC accused Terraform Labs and Do Kwon of conducting a multi-billion dollar crypto asset securities fraud by offering and selling unregistered securities. As proceedings have unfolded, both Terraform and the SEC have traded unsuccessful attempts to obtain summary judgment.

 

Far-reaching consequences

The ongoing SEC vs. Terraform civil case carries potential far-reaching consequences in terms of legal precedents within the cryptocurrency sector. In a separate ruling in August, the court allowed Terra to issue subpoenas to FTX entities as part of FTX’s bankruptcy proceedings. Judge Rakoff, in November, accepted confidential materials from Jump Crypto Holdings for discovery in this case.

Troubled crypto lender Genesis Trading has also been tangled up in the proceedings with the courts directing it to comply with a subpoena initiated by Terraform Labs. The outcome of this case is poised to offer essential legal guidance for numerous companies operating in the crypto space.

The SEC’s regulatory approach toward cryptocurrency firms in the United States has been subject to considerable debate and criticism. The commission’s alleged “regulation by enforcement” strategy, especially in dealings with major players in the crypto industry, has drawn accusations.

While many in the U.S. have been unhappy with “regulation by enforcement,” the upside is that over the longer haul, the courts will be able to eventually furnish the regulatory clarity that the SEC refuses to provide. The ongoing scrutiny of regulatory approaches and the outcomes of cases like Terraform Labs vs. SEC will undoubtedly shape the future legal landscape of the cryptocurrency industry.

More to Read
View All
Policy & Regulation·

Jul 11, 2024

Taiwan not rushing into CBDC issuance following prototype build

Taiwan has built a prototype platform that potentially could provide for a central bank digital currency (CBDC). In light of that development, there are plans afoot to hold a number of hearings and forums in 2025 relative to CBDC development. In a report cited by local news media, Taiwanese Central Bank Governor Yang Chin-long stated that the development of a CBDC is not an international competition. Yang is not motivated by a desire to be the first to launch a CBDC on the basis that such a thing doesn’t ensure a successful outcome.  At the outset, Taiwan intends to introduce a non-interest bearing CBDC although this may be revised as further development and rollout progress. The system may encompass the use of both anonymous and registered digital wallets, the report suggests.Photo by Timo Volz on UnsplashWholesale CBDCReports last year had disclosed that the retail CBDC prototype supports 20,000 transactions per second. The central bank also plans to develop a wholesale CBDC (wCBDC) proof of concept to support three sets of functionality which it plans to test via a unified ledger, developed with the assistance of Taiwan’s commercial banks.  According to feedback from the office of the Taiwanese parliament’s finance committee provided to The Block, Yang is due to present the report on the current state of progress relative to a CBDC on July 10 at the Legislative Yuan, Taiwan’s parliament. While no projected timeline has been provided for CBDC issuance, Yang emphasized that Taiwan’s CBDC project is a long-term affair. He disclosed that the Central Bank of the Republic of China (Taiwan) will take a three pronged approach to the new digital currency. In the first instance, the wCBDC will be used for for the purpose of interbank settlement relative to tokenized deposits.  In practice, this will mean that when a payee transfers a tokenized deposit to another party, the other party will receive the money instantly. However, in the background, the payee’s bank will need to transfer funds to the second party’s bank. Taiwan’s central bank also plans to trial the settlement of tokenized asset transactions. Settlement of securities in this way is seen as an opportunity to minimize risk when compared with commercially issued stablecoins. Such tests will be similar in nature to the wholesale digital ledger technology (DLT) trials carried out in recent times by the European Union (EU).  Purpose bound money trialLastly, the Republic of China plans to trial purpose bound money (PBM), a concept which covers the middle ground between programmable payments and programmable money. PBM was introduced in a whitepaper in 2023 by the Monetary Authority of Singapore (MAS). It enables the sender to specify certain conditions relative to the digital currency being sent. This may include a validity period and further specification as to how the money can be spent. This development represents the latest installment in an ongoing pipeline of announcements from various central banks with regard to CBDC project milestones. Last month, Qatar’s central bank announced the launch of the first phase of its CBDC project.

news
Web3 & Enterprise·

Feb 13, 2024

SUI hits new ATH following blockchain academy collaboration

The SUI token has surged to an all-time high (ATH) price after the revelation of the project’s partnership with the American University of Sharjah (AUS) in the United Arab Emirates (UAE) to establish the AUS-Sui Blockchain Academy. SUI is the native token of the Sui blockchain, a layer one blockchain network and smart contract platform that’s striving to make digital asset ownership private, secure and accessible. The AUS-Sui Blockchain AcademyAccording to a press release published via regional news media outlet Zawya on Monday, the AUS-Sui Blockchain Academy is situated within the multidisciplinary Center of Entrepreneurship, Innovation and Sustainable Development, within the AUS. It’s been set out to align with the principles of entrepreneurship, innovation and sustainability with the objective of fostering responsible and impactful technological advancement relative to blockchain. The Academy aims to equip the next generation of leaders and innovators with the necessary knowledge to harness Web3 technology so as to address future global challenges. Dr. Greg Siourouni, Managing Director of the Sui Foundation, expressed enthusiasm for the blockchain education initiative, emphasizing its role in advancing Sharjah's goal of becoming a leading educational and research hub.Photo by Ainur Kamaev on UnsplashPrice surgeIn response to the announcement, SUI's token price has surged. While it’s up 4% over the course of the past 24 hours, the token is now standing at a record-high unit price of $1.79 since its launch in May 2023. The positive momentum in SUI's price underscores market enthusiasm for the layer-1 blockchain platform's educational initiatives. However, other in-roads being made by the project may also be playing a role. Last September the project launched zkLogin, a Web3 authentication solution that enables dApp users to login using social media accounts. The following month, the Sui Foundation announced a $50 million ecosystem fund in an effort to bolster growth relative to the Sui network. AUS and SUI blockchain education initiativesThis latest initiative is part of Sharjah's vision to position itself as a regional powerhouse for education and research, particularly in the realm of technology and blockchain. It’s not the first blockchain-centric collaboration that the university has engaged in. In June of last year, Dubai-headquartered crypto spot and derivatives trading platform Bybit partnered with AUS to establish a scholarship fund of $272,000. That endeavor is supporting fintech and blockchain studies for the benefit of 20 students. The Sui Foundation too has established a track record where educational initiatives are concerned. It has previously introduced several programs, including a Web3-focused curriculum at the Wheeler Institute for Business and Development at the London Business School. Additionally, it awarded $400,000 in Sui Academic Research Awards (SARAs) to 15 universities worldwide and introduced a Web3 curriculum for high school students. SUI's partnership with AUS to establish the AUS-Sui Blockchain Academy reflects its commitment to advancing education and innovation in the blockchain space, while its price surge is suggestive of market optimism for its future endeavors. 

news
Web3 & Enterprise·

Jan 18, 2024

Night Crows pre-registration NFT collection sells out

South Korean gaming publisher Wemade opened sales for its “The Night is Coming” NFT collection on Jan. 11 to 12 to celebrate pre-registration for the global version of the massively multiplayer online role-playing game (MMORPG) Night Crows. All 341 NFTs were sold out, according to an official press release on Thursday (KST).Photo by Choong Deng Xiang on UnsplashUnveiling exclusive NFTsThe NFT Collection featured NFTs of different tiers, including Uncommon and Rare NFTs that went on sale on Jan. 11, as well as Epic, Legendary and Mythical NFTs that were available on NILE – short for “NFT Is Life Evolution,” a decentralized autonomous organization (DAO) and NFT marketplace on WEMIX3.0 – the next day. All NFTs were sold out within a day. Blockchain-backed fantasy gameBuilt on Unreal Engine 5, a three-dimensional computer graphics engine used for game and content development, Night Crows features high-quality graphics, an immersive world, realistic action and major in-game battles. It has topped the popularity and revenue charts on major app markets in South Korea since its launch in April last year. The global version of the game, which is scheduled for release in March, will harness blockchain technology and a multifaceted tokenomics system that tokenizes in-game items. It will also introduce character NFTs that keep character and player data in one place, connecting the game’s internal and external economies. Wemade also stated that owners of the NFTs can exchange them with CROW, the game’s native token, starting on April 1. The token’s value is stabilized by a minting process controlled by the Peg Stability Module (PSM), which allows users to swap a native stablecoin for other protocol-accepted stablecoins at a 1:1 rate.

news
Loading