Haynes and Boone, LLP Partner Arie Heijkoop was featured in a Blockworks article discussing the SEC potentially choosing to deny ether ETFs and what precedent that may set.
Read an excerpt below:
“I think the SEC is aware that sponsors may assume an air of inevitability of additional spot crypto approvals once multiple crypto ETPs have been approved,’ said Arie Heijkoop, partner at law firm Haynes Boone. “It will take an extra cautious approach as a result before approving any further spot crypto ETP — at least under this current administration.” …
Heijkoop said he doesn’t expect Grayscale’s ether futures product withdrawal to impact a decision to sue the SEC, if it comes to that.
“If a litigant can show strong correlation between ether futures and spot prices, I think the same premise of the Grayscale bitcoin court ruling should provide legal precedent here, which is that disparate treatment of futures and spot market products is ‘arbitrary and capricious’ in cases where strong correlation is present,” Heijkoop told Blockworks.
To read the full Blockworks article, click here.
