Margaret Rosenfeld retweeted

Lewis Cohen@NYcryptolawyerAug 2
United States
United StatesConnected via United States App StoreAccount-level information, not a live location or per-post device.
Replying to @leereiners
@leereiners - Not sure if your post counts as a subtweet, exactly, but I wouldn’t have minded your tagging me. As you know, I’m a firm believer in a robust debate on these important issues, and I have always valued your perspective, even when we disagree – sometime strongly.
The fact here is that your premise is foundationally mistaken. It is Judge Rakoff’s decision that was the outlier and, regardless, referring to a handful of federal cases, almost all of which were decided at a motion to dismiss - the most preliminary stage – as “most of crypto’s history” is uncharacteristically misleading on your part.
The fact is that the federal case law that exists on this topic remains unsettled, but it had unquestionably been trending away from the position you advocate (for example, you failed to mention Judge Orrick’s key decision in Payward, which affirmatively admonishes the SEC for referring to tokens as “crypto asset securities”).
As I wrote about extensively in Ineluctable Modality (which reviewed and indexed every single federal appellate Howey case), courts have consistently taken a flexible view when a purported sale of a product or service appears in economic reality to be more appropriately considered a fundraising scheme subject to the federal securities laws. That’s right on policy and right on law.
However, the position you advocate for in your article is not that, nor is it what is contained in the Clarity Act July text. Howey-type fundraising would remain subject to the federal securities laws and places measured obligations on the fundraising party. (It is fair to ask whether those obligations are too measured, but “Reg Crypto” and most of the features you describe were the subject of a multi-year policy discussion and relatively little has changed in that regard since the January 2026 text.)
The consistent problem you face, and the fundamental flaw of the position you advocate for, is that most tokens are simply not themselves securities in any cognizable way.
That is, unlike any other type of financial instrument recognized as a security, if you examined a given token on its face, assuming it did not provide “disqualifying financial rights”, you would not be able to identify it as a “security”.
Critically most tokens lack the fundamental element of a security - a security’s “ineluctable modality“ if you will - an issuer who, if dissolved and no longer in existence, would mean that the security also no longer exists. That is the case for every other security that has ever existed.
Why is that so essential? Because a security is not the paper, or token, or other means of conveyance, of rights. The security is the inchoate rights themselves, the *legal relationship* that directly binds a holder to an identifiable issuer.
Those rights do not need to be embodied in a formal contract (and as many reading this know, I have disagreed with those suggesting that). An investment scheme subject to the federal securities laws can be created with the wink of an eye, the nudge of an elbow, or any set of actions that reasonably create the four Howey elements.
You and I have discussed this and you know that I agree that many fundraising schemes involving tokens fall neatly within the parameters of our federal security laws.
The problem arises when two third parties deal in something (like a token) that is not itself a security, but has “security-ness” artificially imputed on it in order to achieve a separate policy objective. The persons or entities exchanging that asset have no way of determining with certainty whether or not they are engaged in regulated transaction. This violates fundamental due process and is also essentially unworkable.
(Continues in comments)
Lee Reiners@leereinersJul 31United States
United StatesConnected via United States App StoreAccount-level information, not a live location or per-post device.
Title I of the CLARITY Act would codify crypto’s “separation theory”: a token is not a security, even when it is sold as part of an investment contract. That is an invitation to regulatory arbitrage. My new post explains why: sites.duke.edu/thefinregblog…
Margaret Rosenfeld retweeted
😅 Why crypto law is brutal, per Katherine Kirkpatrick Bos:
"Someone asks me a question and I'm like, just give me a few minutes while I check all the laws in the entire world and whether they've changed in the past month."
xitter.cf/i/broadcasts/1yxBeeabg…
Margaret Rosenfeld retweeted
I've spent the last few months inside large law firms, trying to answer one question:
What does it actually take for an institution to absorb AI?
Frontier labs have raised hundreds of billions on a single promise: that AI will rebuild the economy. That bet only pays off if institutions absorb what the models can do, and most are repeating the exact mistake factory owners made a century ago.
They bolted an electric motor onto the old steam-engine driveshaft and wondered why nothing got faster. The productivity gains came only when they tore up the floor and put a motor on every machine.
That is where most of the economy still sits: the new motor, bolted into the old driveshaft. Tearing up the floor is about to become the most valuable work in the economy, and it goes by the least glamorous name in business: change management.
New essay: The Two Clocks
Margaret Rosenfeld retweeted
First episode of the Tiên Phong Podcast is live, with @LynnWWins as host and Will Ross, Chief Client Officer at Dragon Capital, joining as the first guest.
In this first podcast, they dive into Vietnam's economic growth and evolving investment landscape to blockchain, RWAs, and the convergence of traditional finance and digital assets, the conversation explores why Vietnam is drawing increasing attention from global investors.
If you're curious about Vietnam's next chapter - and the opportunities shaping its future - this one's worth your time.
🎧 Watch the full episode here 👇
What does the world see when it looks at Vietnam?
Is Vietnam on the path to becoming one of Asia's most compelling growth stories? And what role will blockchain, digital assets, and especially Real World Assets (RWA) play in that journey?
In the first episode of Tiên Phong Podcast, Lynn Nguyen sits down with Will Ross, Chief Client Officer at Dragon Capital, to discuss how international investors view Vietnam today.
From economic growth, infrastructure, and government policy to the convergence of traditional finance, blockchain, and RWA, this conversation offers a practical perspective on what is driving Vietnam's next stage of development, and why the world is paying attention.
🎙️ Watch Episode 1 of Tiên Phong Podcast here: youtu.be/B_Rx2Yov9S4
Follow Conviction to stay updated on future episodes of Tiên Phong Podcast and the latest news leading up to Conviction 2026.
Margaret Rosenfeld retweeted
In a few years, a lot of what’s happening right now in the creator coin / influencer meme coin space is going to end up in courtrooms. I stand by this.
“Creator coins” isn’t a brand-new invention.
The concept has existed for years as social tokens - essentially, fans buying into a creator’s or influencer’s personal brand, community, or future success (think early platforms like Rally or BitClout experiments).
What HAS CHANGED is the scale and ease: anyone with a big following can launch (or heavily back) a token on platforms, blast it across TikTok and Crypto Twitter with massive reach, build FOMO, and watch retail pile in.
The PROBLEMATIC PATTERN we’re seeing repeatedly:
- Heavy promotion framing the token as “the one” or tied to the creator’s focus/energy.
- Aggressive social proof and community building.
- Selling pressure from early/associated wallets once liquidity and attention peak.
- Then the pivot: new narrative, new coin, new “focus.”
This creates classic information and incentive asymmetry.
Retail buyers often purchase with the (reasonable, from their perspective) expectation that value will come from the promoter’s efforts... continued hype, community management, “diamond hands” leadership, or the creator’s personal brand momentum. That’s exactly the kind of economic reality courts examine under the Howey test for whether something qualifies as an investment contract/security.
The SEC’s Division of Corporation Finance has said that typical pure-speculation meme coins (driven by market sentiment like collectibles) generally don’t meet the Howey criteria. BUT BUT BUT that’s a staff view on generalized facts - not a blanket immunity.
Specific conduct matters a lot: undisclosed control or allocations, misleading statements about “focus” or longevity while exiting, coordinated selling into hype, etc.
Disclaimers (“NFA,” “DYOR,” “just vibes”) have their limits when the overall conduct and marketing create clear expectations of profits tied to someone else’s efforts. On-chain data + social media records make for very discoverable evidence.
I AM NOT SAYING EVERY CREATOR COIN OR INFLUENCER PLAY IS ILLEGAL OR WILL GET SUED. Plenty are just high-risk speculation with willing participants.
But the current meta (massive asymmetric audiences, easy launches, heavy personal promotion, quick pivots, and visible selling) creates exactly the fact patterns that attract regulators, class-action lawyers, and civil claims over time.
The “good guy who made the right call and is now focusing on the next thing” narrative travels well today. In front of judges, juries, or in settlement negotiations with documented losses? We’ll see how it holds up.
The legal system moves slower... but it does move, especially once enough retail money has been lost and patterns become undeniable.
Margaret Rosenfeld retweeted
Historically, many Superteams around the world have operated as ecosystem growth engines. They have functioned more as club with resources for all involved.
We are not taking that approach.
Superteam USA is an exclusive startup accelerator that takes zero equity. Our only goal is to help build venture-scale companies that can drive adoption, volume, and awareness for the Solana ecosystem.
Best of all you don’t even need to be a crypto startup. We would actually like when you aren’t. We’re searching and hungry for net new ways to grow Solana. Only requirement is you need to be building something we’d bet on and you would be open to leveraging Solana as part of your infrastructure, product, or growth strategy.
We’re relentless working to grow the pie.
Replying to @NickyScanz @SuperteamUSA
brother, isn't @superteam a community of founders, devs & grantees working in the @solana ecosystem. || no token, just an online community ?
Margaret Rosenfeld retweeted
We all know now that swaps were defined by Dodd-Frank, but there is no definition of future. The swap definition has a degree of ambiguity that could cut both ways. /2
Margaret Rosenfeld retweeted
Superteam Vietnam is excited to welcome @LynnWWins as the Lead of Superteam Vietnam🇻🇳
Lynn brings over seven years of experience across crypto, DeFi, financial infrastructure, and the @solana ecosystem. A builder-first and execution-driven operator, she has worked across product, liquidity, exchanges, operations, and institutional partnerships, building a deep understanding of how founders, capital, and ecosystems create lasting value together.
Her appointment marks the next chapter for Superteam Vietnam.
As Vietnam's ecosystem continues to mature, we're evolving beyond community building to become the bridge between builders, capital, and institutions - turning Vietnam's builder talent and ecosystem momentum into venture-ready companies, while ensuring more of the value they create stays in Vietnam.
Alongside that, we'll continue investing in the next generation of builders through a stronger talent pipeline and deeper integration with the broader Solana ecosystem.
Welcome aboard, Lynn!
Let's build what's next.
Margaret Rosenfeld retweeted
Two stories from this week's @DEXintheCityPod that deserve more attention, per @kkirkbos: the CFTC just reclassified perps as futures (so where does this leave Hyperliquid?), and a mystery plaintiff is asking a court to give him 40,000 dormant Bitcoin wallets via finders-keepers logic.
⚖️ What the perps ruling permits and what it doesn't
🤖 When the agent places the order: who is liable?
🗝️ 40,000 abandoned wallets and a novel legal theory
🎧
Timestamps:
🏛️ 01:35 KK on why 90% of crypto Twitter got the CFTC perps ruling wrong
⚖️ 06:42 Jessi: the perps approval is case by case and the fine print matters
🌐 12:56 Does the CFTC ruling change anything for Hyperliquid and DEX perps?
🤖 19:54 Jessi: the financial system now has to treat software like a customer
💳 24:57 Why Robinhood's agentic Gold Card breaks the chargeback model
📣 32:15 Fidelity: Explore crypto careers that could change your future at crypto.fidelitycareers.com
🗝️ 33:39 The lawsuit nobody noticed: 40,000 dormant wallets, finders keepers
📜 40:28 Why even a partial win for Noah Doe could force exchanges to act
Margaret Rosenfeld retweeted
Absolutely not true. I am the former SVP of legal and people at Bolt and I left on my own @Polymarket
Margaret Rosenfeld retweeted
🚨New Paper 🚨
Thrilled to share "𝑪𝒐𝒅𝒆 𝒊𝒔 𝑵𝒐𝒕 𝑳𝒂𝒘" co-authored with @Prof_CarlaReyes and @propelforward
Available here: papers.ssrn.com/sol3/papers.…
Margaret Rosenfeld retweeted
🇺🇸 The US just opened the door for crypto ETFs and trusts to earn staking rewards.
New IRS guidance gives exchange-traded products a clear path to stake digital assets.
Margaret Rosenfeld retweeted
1/2 Catch @ilblackdragon and @lrettig on X Space this Monday, Oct 13 at 11am EST to celebrate @NEARProtocol's 5-year Mainnet Anniversary and a major House of Stake reveal.
Something big is NEAR!
Margaret Rosenfeld retweeted
2/2 In this collaboration, Allora’s intelligence layer will enhance NEAR’s Shade agent infrastructure, giving agents built on NEAR access to real-time predictive signals from the Allora Network.
More details will follow soon ⌛️
Margaret Rosenfeld retweeted
Outstanding lineup for the CFTC-SEC Joint Roundtable on Harmonization on Monday.
Three panels -->
Margaret Rosenfeld retweeted
3/3 Monad Momentum isn’t a grants program, and it isn’t designed to cover development or operational costs. It focuses on supporting teams with the strongest fundamentals and the greatest propensity for success.
Details: momentum.monad.xyz/
Margaret Rosenfeld retweeted
🇺🇸 Our CLO, @AgentM_Tech, will join CoinDesk: Policy & Regulation in Washington, DC on September 10.
The event brings together leading voices from the private & public sectors to shape crypto policy and market structure.
Planning to be there too? Let’s connect — our DMs are open.
#CDPolicyRegulation
Margaret Rosenfeld retweeted
Our congratulations to the Mitosis team on the successful mainnet launch.
We are glad to support it! 🌊
Mitosis Mainnet and dApps are Now Live at app.mitosis.org 🌊
Welcome to the Network for Programmable Liquidity.
Let's begin ↓
Margaret Rosenfeld retweeted
Our statement. Good crypto policy should be non-partisan and bi-partisan, & should look towards responsibly encouraging innovation & economic growth. #DACPA



























