New Paper from DEF Explores the Potential Impacts of SEC v. Balina

In a recent paper from DEF, “Borderless Tokens, Boundless Jurisdiction,” DEF’s Legal Intern Greg Marcus examines the SEC’s aggressive attempt to apply U.S. securities laws extraterritorially in SEC v. Balina, exploring why the court’s reasoning threatens to undermine legal precedent and could potentially impact the future of DeFi.

As Greg writes: “Beyond the erroneous interpretations of law in Balina, the case highlights several overarching issues with the SEC’s increasingly global jurisdiction. Extending U.S. securities regulation into the inherently global DeFi ecosystem has created tension with nations seeking to craft their own digital asset regulations, uncertainty for DeFi participants, and restricted the flow of capital across borders.”

Read the full paper here.