With its lawsuit, Consensys aims to settle the question of whether staking turned ether into a security, and to hopefully put an end to what it calls the SEC’s “regulatory overreach.” Listen to the episode on Apple Podcasts, Spotify, Pods, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.On Thursday, Consensys sued the U.S. Securities and Exchange Commission (SEC) in a Texas federal court, seeking to prevent an impending SEC action against its MetaMask wallet and to clarify that ether is not a security.The complaint calls out the agency for what Consensys describes as “regulatory overreach,” challenges its notion that ETH is a security, and says the SEC has violated the Constitutional requirement of fair notice under the due process clause. It notes that for years, the SEC and its sister agency, the Commodity Futures Trading Commission, took the position that ETH is not a security.  The lawsuit also challenges the SEC’s recent focus on Ethereum's switch to proof of stake in 2022 as a basis for increased scrutiny, a stance Lubin deemed "preposterous."Laura Brookover, Senior Counsel & Head of Litigation and Investigations at Consensys, joined Unchained to unpack the lawsuit and what it means for the future of Ethereum and overall crypto in the US.Show highlights:Why Consensys sued the SEC and why Brookover feels like the SEC has gone too farHow they are looking for a Judge to declare that the ETH is not a securityWhether the switch to proof of stake turned ETH into a securityWhy the SEC issued Consensys a Wells Notice, with one potential allegation being that it is operating an unregistered securities broker through its MetaMask walletHow the major questions doctrine applies to what the SEC is doing in the industry, according to BrookoverWhy Hinman’s speech is still relevant today, even after 6 yearsWhether the moves by the SEC are related to a motivation to deny ether spot ETFsHow the several cases against the SEC show that the industry “has had enough”Whether Texas is a jurisdiction favorable to crypto, given that many lawsuits are being filed thereThe implications of a Consensys victory for the industry and what the next steps in the case areThank you to our sponsors!  iTrustCapital  | PolkadotGuest | Laura Brookover, Senior Counsel & Head of Litigation and Investigations at ConsensysLinks | The lawsuit: Fortune: SEC sued over Ethereum, crypto firm asks court to state token is not a securityConsensys’s complaintBill Hughes’ thread on why Consensys sued the SECConsensys is suing the SEC to defend the Ethereum ecosystemHinman speechCryptoLaw: The Hinman Speech DocumentsMajor questions doctrineUnchained: Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and CongressReuters: SEC argues Coinbase crypto case not barred by ‘major questions’ doctrine Other SEC cases:CoinbaseUnchained: Why the SEC’s Case Against Coinbase Is So Significant for CryptoCourt Rejects Coinbase’s Bid to Dismiss SEC Charges Against ItUniswapUnchained: Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance?SEC Puts DeFi in Its Sights With Potential Uniswap SuitUniswap Blog Post on the Wells noticeMarvin Ammori Thread on Wells noticeEthereum FoundationUnchained:SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: ReportThe Real Reason Why the SEC Might Be Going After EthereumDebt BoxUnchained: SEC Sanctioned for ‘Abuse of Power’ in Debt Box LawsuitBebaDeFi Education Fund and Beba sue SEC over airdrop policiesLejilexLawsuit document-Unchained Podcast is Produced by Laura Shin Media, LLC.  Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.