Mike Esq

First Gen | ApeofWolfStreet | Aspiring Web 3 Attorney Touro Law ‘23 | Tweets are not legal or financial advice

[Mike Esq @SibadanM]

Public service announcement: “Fellow Americans, it is with the utmost pride and sincerity I present this record, as a living testament and recollection of history in the making during our generation.” Allow me to reintroduce myself my name is Mike J.D. (oh) M to the J-D

[Ariel Givner @GivnerAriel]

Taylor Swift is getting sued over her album title “The Life of a Showgirl”…

Las Vegas performer Maren Wade has owned “CONFESSIONS OF A SHOWGIRL” as a registered, incontestable trademark since 2015.

When Swift’s team applied to register “The Life of a Showgirl,” the USPTO said no, finding it confusingly similar to Wade’s mark.

TAYLOR SWIFT USED IT ANYWAYS!

Wade filed suit in C.D. Cal. alleging trademark infringement, false designation of origin, and unfair competition against Swift, UMG Recordings, and Bravado (UMG’s merch arm).

She’s seeking an injunction to block all merch sales, a full accounting of profits, and damages for over a decade of brand erosion.

[Ariel Givner @GivnerAriel]

As someone that routinely fixes AI generated contracts, I can confidently say this is very bad advice.

Do not do this.

[Birdnals @BirdnalsLAW]

Sets up for an interesting showdown in appeals as the Tennessee court had the opposite ruling, and both sit in the 6th Circuit.

[Carlo⚖️ @CarloDAngelo]

https://t.co/mdmHS7dDa9

[Carlo⚖️ @CarloDAngelo]

Listening to Senate hearing on Clarity Act. Biggest non-negotiable from the Democrats is an ethics provision as a consequence of the Trump family and their crypto interests. As bipartisan as this committee is on the need for market structure, I don’t see how this bill moves out of Congress without an ethics provision.

[Shadow of Ezra @ShadowofEzra]

BlackRock CEO Larry Fink tells the World Economic Forum the world must move faster toward digitized currencies under a single unified blockchain to “reduce corruption.”

He outlines a vision where every asset is placed on one system, including stocks, bonds, real estate, money market funds, and cash.

In that system, ownership would be tokenized, fractionalized, programmable, and instantly transferable on one all-encompassing blockchain ledger.

[Ariel Givner @GivnerAriel]

Peak America is filing a lawsuit because you couldn’t log off Fortnite.

[Birdnals @BirdnalsLAW]

I disagree. DeFi can be open and free while the users of that DeFi (especially institutional users) can (and should!) have compliance systems built on top for that use using the most compatible technology.

We have created "security token" standards like ERC-1404. So why not programmatic risk management standards? As long as users have the choice on what to use and it's not mandated at the protocol level, I think it could be a boon. Especially for smaller companies with compliance obligations that don't have the resources to hire massive compliance teams.

[Carlo⚖️ @CarloDAngelo]

Cooking something new with my co-host @PresidentHODL from @BANKSOCIALio. Join us Friday at 9 AM ET for Episode 1 of the Stablecoin Solutions Show!

Set a reminder for my upcoming Space! https://t.co/g1weks3eDX

[Birdnals @BirdnalsLAW]

It was stablecoin week! Both Congress and the SEC moved on stablecoin initiatives, and one the leading issuers of stablecoins is looking to go public.

Here's everything that happened last week in crypto law: https://t.co/18uTwYd1bW

[Amanda Tuminelli @amandatums]

MAJOR update re DOJ and prosecution of digital assets - "the Department will stop participating in regulation by prosecution in this space."

This memo from the Deputy AG does a few important things, including making it clear the DOJ is NOT going after exchanges and wallets for the actions of 3rd parties AND the DOJ is NOT a regulator of Section 1960 registration violations - 🧵

[Carlo⚖️ @CarloDAngelo]

🚨Breaking New: DOJ Announces Immediate Disbandment of its National Cryptocurrency Enforcement Team (NCET) -- signaling a significant shift in the federal approach to cryptocurrency regulation.

Deputy Attorney General Todd Blanche, a former defense attorney for President Donald Trump, issued a memo criticizing the previous administration's "reckless strategy of regulation by prosecution" and directing prosecutors to focus on cases involving individuals who exploit digital assets for criminal purposes, such as terrorism, narcotics trafficking, organized crime, hacking, and cartel financing.

[Ariel Givner @GivnerAriel]

I consider ADHD one of my superpowers.

I also consider ADHD one of my biggest hurdles.

Organization, out of sight out of mind, etc etc. It is something I am constantly trying to improve (w/o medication), literally every single day.

Thanks for coming to my Ted talk. Help.

[Carlo⚖️ @CarloDAngelo]

Coinbase v. SEC: Joint Motion for Appeal Extension Highlights Legal Maneuvering

The ongoing legal battle between Coinbase and the U.S. Securities and Exchange Commission (SEC) has taken another turn. On February 14th, the SEC filed a motion requesting a 28-day extension to file its answer to Coinbase’s petition for permission to appeal. This motion, filed in the United States Court of Appeals for the Second Circuit, reflects the intensifying legal complexities surrounding crypto regulation and enforcement.

Background of the Motion:

Coinbase, Inc. and Coinbase Global, Inc. filed a petition under 28 U.S.C. § 1292(b) seeking permission to appeal an interlocutory ruling related to its ongoing litigation with the SEC. The SEC’s response to this petition was originally due on February 14, 2025 which prompted the SEC to file a motion seeking to push back the due date to March 14, 2025.

The SEC cited the need for additional time to adequately prepare its response, given the complexities of the case and its broader implications for crypto regulation. Notably, this request was filed with Coinbase’s consent, signaling a degree of procedural cooperation despite the adversarial nature of the case.

Legal and Strategic Implications:

The extension request comes at a pivotal moment for crypto regulation in the U.S., as the SEC under new leadership has been reassessing its approach to enforcement. This delay could be a strategic maneuver to align the agency’s legal position with broader regulatory shifts occurring within the commission, including the influence of the recently established SEC Crypto Task Force.

Moreover, the case is set against the backdrop of increasing judicial scrutiny over the SEC’s regulatory approach. In a separate but related case, Coinbase recently secured a victory in the Third Circuit, where the court ruled that the SEC’s denial of Coinbase’s rulemaking petition was "arbitrary and capricious." This has placed additional pressure on the agency to justify its regulatory actions with clearer legal reasoning.

Looking Ahead:

If the Second Circuit grants Coinbase’s request for an appeal, it could set a critical precedent for crypto exchanges and the broader industry. A ruling favorable to Coinbase could curtail the SEC’s ability to enforce crypto regulation without explicit congressional authority, potentially reshaping the agency’s enforcement priorities. Conversely, if the SEC successfully defends its position, it may embolden further enforcement actions against digital asset firms.

With the SEC’s new deadline set for March 14, 2025, all eyes will be on how the agency frames its response and whether it signals a shift in regulatory posture toward digital assets. The outcome of this appeal could have profound implications for the future of crypto regulation in the United States.

[Ariel Givner @GivnerAriel]

This is one of the worst legal takes I’ve seen… and based on how this week is going that says A LOT.

Settling a lawsuit is often a strategic decision and does not imply guilt.

Cases settle for many reasons - cost, time, etc. - not because someone “knew they were guilty.”

[Ocean Power Technologies @OceanPowerTech]

communications equipment & drones like then ones from @RedCatHoldings, the future of #autonomous #robot operations is here and #MadeintheUSA. I am looking forward to having Joe "Digger" DiGuardo, Rear Admiral (Ret) and Vic Mercado provide valuable insights.

[Ocean Power Technologies @OceanPowerTech]

2025 is gearing up to be an exciting year for OPT. Never has there been more interest in #OceanRobotics & #OceanSecurity. To secure freedom of navigation, there needs to be more #USVs & #PowerBuoys just like the ones we provide. And when they come equipped with @SpaceX and @ATT

[Carlo⚖️ @CarloDAngelo]

Breaking News: Unredacted FDIC Letters Reveal Efforts to Stifle Crypto Activities

Coinbase’s lawsuit demanding production by the FDIC of unredacted copies of letters reveals proof of the agency’s coordinated efforts to suppress banking activities linked to cryptocurrency. The revelations point to a systematic approach targeting a broad spectrum of crypto-related engagements, from basic Bitcoin transactions to more complex offerings. Big thanks to Coinbase’s Chief Legal Counsel, Paul Grewal, for sharing a link to the un-redacted FDIC letters.

What the Letters Reveal

The letters, part of legal proceedings in *History Associates Inc. v. FDIC*, disclose key meetings and directives issued by the FDIC. These include:

1. A “Pause” Directive: A letter dated October 21, 2022, shows the FDIC explicitly requested a halt on bank projects involving crypto assets. The letter instructed the bank to refrain from rolling out crypto services to customers until the FDIC’s supervisory review was complete. This included a ban on activities like enabling Bitcoin purchases via mobile applications, citing concerns over safety, soundness, and consumer protection regulations.

2. Newly Discovered Pause Letters: Despite earlier claims of full compliance, the FDIC “found” two additional pause letters during this litigation, casting doubt on its transparency. These documents further detail the FDIC’s push to delay or restrict crypto-related innovations within the banking sector.

3. Regulatory Overreach: The FDIC appears to have exerted substantial pressure to discourage crypto adoption, using tactics that included requesting extensive documentation on planned services and their financial implications. One Financial Institution Letter (FIL-16-2022) required banks to notify the FDIC of any planned crypto activities and subjected them to stringent supervisory processes.
Implications and Calls for Action

These disclosures paint a troubling picture of regulatory overreach, raising questions about whether the FDIC’s actions were motivated by genuine concerns or a broader agenda to stymie the crypto industry. Coinbase’s Chief Legal Counsel has called on Congress to investigate these findings, emphasizing the need for transparency and accountability.

According to Grewal’s post, “the FDIC magically found TWO more pause letters after claiming compliance with an earlier court order.”“Every time we pull on the thread, the sweater unravels further.” @iampaulgrewal

[PabloSegarraEsq🇵🇷 @PabloSegarraEsq]

🚀 Excited to kick off 2025 with a new job as a Trademark Attorney with @Trademarkia, one of the largest U.S. trademark firms! Ready to protect brands & empower innovators in this tech-driven era. Let’s make your IP work for you! 💡 #TrademarkAttorney #BrandProtection

[Kevin Finnerty @_KEVINFINNERTY]

It was a pleasure talking crypto and meeting some new chads tonight at the @NYCBlockchainN1 networking event. Shout out to @MintyStream @bytenom1cs @dcfromnyc @SibadanM I hope you all snag a $KENDU bag soon before we lift off to billions.

I also hope to see you all at the next get together on Jan 16 next where I will be giving away free @KenduEnergy drinks (first come, first serve).

Let’s make NYC the elite crypto hub of the world and save this great state and city.

Thank you,
KF