If you are fortunate enough to have completed one of the approximately 200 ICOs to date in 2018, or the 250 in 2016-17, then, in addition to the millions of dollars’ worth of token proceeds, you may face the prospect of regulatory prosecution and class action litigation. Some of the risk factors that may make your ICO a tempting target:
- The “utility” token you purported to sell still has limited or no actual utility.
- The token’s value has had significant price fluctuations.
- You sold tokens to hundreds or even thousands of people.
- The buyers live in several countries.
- You raised a lot of money.
What to do about it? If you are worried about lawsuits and government investigations, it is best to know what your risk exposure really is. A range of strategies may be advisable; it very much depends on the exact facts of your situation. For example, in hindsight, were you sufficiently careful in selecting buyers? Were you overly optimistic in concluding that your utility token was not a security? Would your “white paper” pass legal muster as a disclosure document? You should know what your risks and exposures are. Being uninformed and unprepared is not a strategy.