BCLP Partner Ashley Ebersole and Associate Brett Orren authored an article published in the March-April edition of The Journal of Robotics, Artificial Intelligence & Law. The article discusses concerns arising after a major U.S. cryptocurrency exchange's receipt of a Wells Notice from the Securities and Exchange Commission. "Some have seen potential avenues around the SEC's apparent conclusion that Yield Products violate the registration provisions of the Securities Act by asking whether these products carry the risk with which securities are typically associated (particularly when such products involve stablecoins)," they wrote. "However, even very low investment risk has been sufficient for investment products to be deemed investment contracts."
Ashley is a former U.S. Securities and Exchange Commission attorney whose diverse practice includes counseling fintech startups and financial sponsors on topics including regulatory questions, corporate finance and fund formation, and representing clients in regulatory and enforcement matters with the Securities and Exchange Commission, Commodity Futures Trading Commission, U.S. Department of Justice and state agencies. Leveraging his unique experience with the SEC's digital asset regulatory and enforcement efforts, Ashley provides counsel to all varieties of participants in that space.
Brett is a member of the International Trade team with considerable dedication to regulatory matters related to international business transactions, specifically on issues related to international trade including export controls and economic sanctions.