Duane Morris Takeaway: Available now is the recent article in the Legal Intelligencer by Justin Donoho entitled "Crypto Class Action Key Decisions and Trends in 2025." The article is available here and is a must-read for corporate counsel involved with crypto and blockchain technologies.
This year has already been a busy one in the crypto class action litigation landscape. It has seen several significant court decisions that have continued to shape the law in this growing area, including decisions on dispositive motions regarding whether various crypto transactions are sales of unregistered "securities" and, if so, whether the operator of a crypto exchange may be held liable for such transactions. Two class certification split decisions were also issued, showing why claims for the sale of unregistered securities remain popular with the plaintiffs' bar whereas other types of claims increasingly being brought the plaintiff's bar face significant hurdles to class certification. There have also been several multimillion-dollar crypto class action settlements. In addition, dozens of new crypto class action cases have been filed, auguring a continued trend of further development in this area. This article analyzes these key decisions and trends.
Implications For Corporations
With crypto assets continuing to proliferate and the current presidential administration reducing enforcement priorities relating to sales of crypto assets, crypto class action litigation is multiplying. We should expect to see an upward trend of key decisions and new cases in the remainder of this year and beyond, as this burgeoning area of the law continues to unfold.
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