FORT LAUDERDALE, FL – January 7, 2025 – The New York Law Journal reported on January 7, 2025 that in a rare move, U.S. District Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York granted Coinbase’s request for authority to pursue an interlocutory appeal to the U.S. Court of Appeals for the Second Circuit on whether cryptocurrency transactions can be classified as investment contracts under federal securities laws.
Alan Rosenberg, a partner with Markowitz Ringel Trusty + Hartog in Miami whose specialty includes crypto litigation, commented in the story that of particular interest in the ruling and the underlying litigation is the Court’s emphasis on analyzing a crypto asset’s “ecosystem” to contrast these assets with commodities and applying that analysis to the Howey test.
Alan Rosenberg represents bankruptcy trustees, creditors, debtors, and other parties-in-interest, in all aspects of insolvency proceedings and bankruptcy-related litigation, including, but not limited to, the sale of bankruptcy estate assets and the pursuit and defense of avoidance actions and other litigation claims. In addition to his bankruptcy practice, Alan represents individual and corporate clients in various commercial litigation claims and real estate transactions. Alan has been recognized as an authority in the field of cryptocurrency in insolvency proceedings. He also studies digital assets and blockchain technology and speaks and often publishes on the subject. Alan is also a Cryptocurrency Tracing Certified Examiner through CipherTrace.
Markowitz Ringel Trusty + Hartog concentrates on representing businesses, institutions, fiduciaries, and individuals across several practice groups, including Restructuring + Insolvency, Litigation + Dispute Resolution, Real Estate + Business, Probate + Guardianship, and Trusts + Estates. Dedication to clients and service to the community are the principles upon which Markowitz Ringel Trusty + Hartog were founded in 1980 and upon which it still operates today. For more information, please visit www.mrthlaw.com.