ICOs in 2018: Increased Regulatory Scrutiny, And Alternatives to Traditional “Utility” Token ICOs

As we transition from 2017 into 2018, there has been an increase in SEC and state regulator activity in the area of Initial Coin Offerings (“ICOs”), as the agencies seek to determine (i) whether certain ICOs constitute a sale of unregistered securities; and (ii) whether public statements made in connection with ICOs are fraudulent or materially misleading.