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Coinbase believes the SEC is trying to “side-step” the Howey test by avoiding the question of whether a digital asset transaction carrying no post-sale obligations can be an investment contract. The appeal aims to challenge a recent court order concerning a critical legal question in its ongoing case with the SEC.
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It seems the SEC is trying to sidestep the Howey test by avoiding whether a digital asset transaction without post-sale obligations is an investment contract. The appeal challenges a recent court order on a key legal question in the ongoing case with the SEC. 237 $DEGEN .
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