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The largest digital asset investing services company in the world, Grayscale Investments LLC, has recently hired Donald B. Verrilli as its additional legal counsel, intensifying its efforts to get approval from the Securities and Exchange Commission (SEC) for its Bitcoin exchange-traded fund (ETF).
Grayscale hires Donald B. Verrilli as its senior legal strategist
With the new hiring, the digital asset manager aims to receive the SEC’s approval for converting its Bitcoin trust into a Bitcoin ETF. Verrilli will collaborate with attorneys and in-house counsel and work as a senior legal strategist for the firm.
As we enter the final month before a response is due on our application to convert $GBTC to an ETF, we have retained Donald B. Verrilli, Jr., former Solicitor General of the United States, as additional legal counsel. A short 🧵 on why:
— Grayscale (@Grayscale) June 7, 2022
In a recent tweet, Grayscale expressed optimism that Verrilli would be a great addition to the company’s “strongest possible team of legal minds” working on bringing a spot Bitcoin ETF.
Verrilli is an experienced American lawyer who has won remarkable legal disputes throughout his career. He was appointed Solicitor General of the United States by former U.S. President Barack Obama in 2011.
The tug-of-war
Grayscale’s plans to launch an ETF in the United States are not new, but they have so far been unsuccessful because the SEC has yet to approve such a product. The decision for the approval on converting its Grayscale Bitcoin Trust (GBTC) into a BTC spot ETF has been postponed for July 6 by the regulator.
The Chief Legal Officer, Craig Salm, said last year that the watchdog might have a “clear vision” regarding ETFs, but it must also demonstrate a “reasonable likelihood” in this regard.
Last night our attorneys at Davis Polk sent a letter to the SEC arguing that approval of #Bitcoin futures-based ETFs, but not #Bitcoin spot-based ETFs, like $GBTC, is “arbitrary and capricious,” and therefore in violation of the Administrative Procedure Act (APA).
— Craig Salm (@CraigSalm) November 30, 2021
On the other hand, the SEC stated its concerns over the conversion of GBTC into a BTC spot ETF in February 2022. It questioned the Grayscale Trust about how they intend to make their Trust more transparent and liquid to make it less vulnerable to manipulation.
Interestingly, when asked whether the firm could pursue legal action against the SEC, the CEO Michael Sonnenshein stated earlier this year:
“I think all options are on the table.”
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