Apertum Foundation Takes Stand Against Texas Regulator's Action

The Apertum Foundation's Defense Against TSSB Claims

Apertum Foundation has recently initiated a robust defense against a cease-and-desist order that was issued by the Texas State Securities Board (TSSB). This action was taken following the transactional developments in the digital assets sector, specifically regarding the Apertum token (APTM). The foundation, alongside Josip Heit, has retained the law firm Quinn Emanuel Urquhart & Sullivan, LLP to challenge what they describe as a misguided action from the TSSB.

Understanding the Allegations

The TSSB's claims center around the assertion that APTM is an unregistered security. However, the Apertum Foundation firmly contends that APTM is a utility token, not an investment contract. Quinn Emanuel has labeled the TSSB's allegations as "meritless," emphasizing that the token is utilized uniquely through mining operations rather than conventional sales practices. Avi Perry, co-Chair of the Securities Litigation Group at Quinn Emanuel, articulates that neither the Securities and Exchange Commission (SEC) nor any courts would classify APTM as a security.

Insistence on Compliance and Correctness

Mr. Perry explains that the TSSB's order overlooks crucial facts; mining APTM does not equate to offering or selling a security. The nature of the token's acquisition supports its classification as a utility token. The TSSB has, in its own statements, recognized that APTM's deployment stems solely from mining activities, which does not breach regulatory frameworks.

The Nature of APTM and Its Trading Restrictions

It is crucial to note that APTM can only be mined or traded on specified third-party exchanges. The only way an individual can mine the token is through the DAO1 platform, which is designed to prohibit access to U.S. residents, thereby underscoring its non-U.S. focus. This proactive measure is taken so that individuals outside the U.S. can engage with the platform without violating regulatory requirements.

Geo-Blocking Protecting U.S. Consumers

The DAO1 platform employs geo-blocking technology, which denies access to users attempting to connect from U.S. IP addresses. This is a deliberate strategy to avoid marketing efforts directed at U.S. residents; thus, queries about compliance with U.S. laws become unfounded. The intricate structure of operations underscores the commitment of the Apertum Foundation to adhere to legal standards.

Concerns Regarding Regulatory Actions

Mr. Perry elaborates on the broader implications of the TSSB’s actions, questioning the rationale behind utilizing taxpayer resources to pursue a compliant project that's not a security and not marketed to U.S. residents. He asserts that this misuse of resources raises concerns about the TSSB’s overall objectives and whether such actions align with the contemporary understanding of U.S. securities laws as they pertain to cryptocurrencies.

Quinn Emanuel's Distinguished Reputation

Quinn Emanuel, the legal firm representing the Apertum Foundation, boasts a vast array of accomplishments within the business litigation sphere. Known as the largest firm devoted to business litigation, it has a formidable reputation for winning cases, achieving high settlement amounts, and being recognized by various legal publications for its outstanding achievements. Their track record speaks volumes about their capabilities, giving clients like the Apertum Foundation a sense of confidence in their legal representation.

Expertise in Complex Cases

With extensive experience in both litigation and arbitration, Quinn Emanuel has developed strategies that lead to better settlements for their clients. They have been recognized in multiple areas of legal practice, including intellectual property and arbitration, confirming their place among the leading legal professionals in the industry.

Conclusion: A Commitment to Defense

The Apertum Foundation remains resolved in its commitment to defending its position against the TSSB's allegations. With the legal backing of Quinn Emanuel and the evidence supporting APTM's classification as a utility token, the foundation is poised to contest the order vigorously. They aim to clarify the legal standing of digital assets, ensuring businesses in the cryptocurrency space can operate within established legal boundaries.

Frequently Asked Questions

What is the Apertum Foundation's main legal challenge?

The Apertum Foundation is challenging a cease-and-desist order issued by the Texas State Securities Board, claiming APTM is not an unregistered security.

Why does the Apertum Foundation say APTM is a utility token?

The foundation asserts that APTM is used solely for mining activities and not offered as an investment or security.

How is APTM acquired?

APTM can be mined or traded on third-party exchanges, with mining only accessible through the DAO1 platform.

What measures are in place to protect U.S. residents?

The DAO1 platform uses geo-blocking technology to prevent access from U.S. IP addresses to ensure compliance with regulations.

Who is representing the Apertum Foundation in this legal matter?

The law firm Quinn Emanuel Urquhart & Sullivan, LLP is defending the Apertum Foundation against the TSSB's claims.

About The Author

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