The plaintiffs failed to show how Bored Ape Yacht Club and other NFTs represent investment contracts under the SEC's 3-pronged Howey Test. A US judge has dismissed an investor lawsuit against Web3 company Yuga Labs, ruling that the case failed to show non-fungible tokens (NFTs) meet the legal definition of securities. Judge Fernando M. Olguin ruled the plaintiffs did not demonstrate how Bored Ape Yacht Club (BAYC), ApeCoin (APE) or other NFTs sold by Yuga satisfied the three conditions of the Howey test, a standard used by the Securities and Exchange Commission (SEC) to determine whether a transaction qualifies as an investment contract. The lawsuit was originally filed in 2022. Yuba Labs marketed its NFTs as digital collectibles with membership perks to an exclusive club, making them consumables rather than investment contracts, Olguin said. He wrote: The judge also said the plaintiffs failed to show that the Bored Ape Yacht Club and other NFT collections launched by Yuga are a “common enterprise” with the e...
Shares of Nasdaq-listed miner CleanSpark rose more than 5% Friday after the company reported higher September production. Bitcoin miner CleanSpark ended September with 13,011 BTC in its treasury after reporting year-over-year gains in efficiency and output. The company said monthly production rose 27% from September 2024, with 629 Bitcoin (BTC) mined, and sold 445 BTC for roughly $48.7 million at an average price of $109,568. In its Friday update, CleanSpark said that fleet efficiency improved 26% year over year, while its average operating hashrate for the month was 45.6 EH/s. CleanSpark has been selling part of its monthly Bitcoin production since April as part of a push to become financially self-sufficient. It also opened an institutional Bitcoin trading desk to facilitate sales. In August, the company generated $60.7 million from the sale of 533.5 BTC. Read more
Ethereum Foundation sells 1,000 ETH via CoW Swap for stablecoins to support research, grants and DeFi funding as part of its treasury strategy. The Ethereum Foundation (EF) announced plans to convert 1,000 Ether (ETH) into stablecoins to finance research, grants and donations, aligning with its broader treasury strategy and involvement in funding decentralized finance (DeFi) initiatives. The sale, worth approximately $4.5 million at current prices, was executed via CoW Swap, a decentralized trading protocol that aggregates liquidity across multiple exchanges to offer users competitive prices without relying on a centralized intermediary. Neither the foundation’s announcement nor its treasury policy specified which stablecoins it would receive in exchange for the ETH. Read more
An FDIC meeting will follow up on acting chair Travis Hill’s statements that he would support Trump’s executive order targeting “politicized or unlawful debanking activities.” The Federal Deposit Insurance Corporation’s board of directors is set to discuss proposed rules that could impact crypto firms amid allegations of debanking. In a Thursday notice, the FDIC said its board would consider a notice of proposed rulemaking “regarding prohibition on use of reputation risk by regulators.” Though the agenda did not explicitly mention debanking concerns tied to digital assets, acting FDIC chair Travis Hill has previously criticized regulators for using “reputation risk” as justification to prevent some banks from engaging in crypto activities, such as allowing clients to send funds to exchanges. US President Donald Trump used the term in an August executive order “guaranteeing free banking,” claiming that having regulators access reputation risk could result in “politicized or unlawful debanking.” The order did n...
Ether’s chances of breaking above $5,000 depend on institutional accumulation, but rising competition and muted derivatives metrics keep investor sentiment restrained. Key takeaways: Ethereum’s $100 billion TVL leadership contrasts with falling activity, as competitors gain traction through lower fees. Institutional accumulation via spot ETFs and corporate reserves may trigger an Ether supply shock above $5,000. Read more