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Last week, Consensys revealed that the SEC had concluded an investigation into Ethereum 2.0, referring to when Ethereum transitioned from a proof-of-work consensus mechanism to a proof-of-stake one.\nIn this episode, Laura Brookover, senior counsel & head of litigation and investigations at Consensys, and Sam Enzer, partner at Cahill Gordon & Reindel, explore the implications of this decision on Ether\u2019s status as a commodity versus a security, and why the SEC dropped the pursuit, including whether the shifting political winds played a role. For instance, how much of the decision was influenced by the ETH ETF approvals, Democrats crossing party lines to vote for FIT21 and the repeal of SAB 121, and/or SEC crypto enforcement chief David Hirsch\u2019s resignation?\xa0\nIn this discussion, they also explained why the closure doesn\u2019t necessarily mean that staking, or restaking, is safe from the SEC. Plus, what\u2019s the impact of this closure on the other big crypto cases, such as Coinbase, Kraken, Uniswap, and Ripple?\nShow highlights:\n\n02:13 How Consensys managed to get the SEC to reveal that it had concluded its investigation into Ethereum 2.0, and the significance of that move\n\n08:14 The SEC's possible reasoning behind investigating Ethereum after it had switched to proof of stake\n\n15:19 How uncommon is it for the SEC to send a letter concluding an investigation like the one into Ethereum\n\n18:45 Whether recent events around crypto as an election issue, the ETH ETF approvals, votes for FIT21 and the repeal of SAB121, and David Hirsch\u2019s resignation, might be connected to the decision to close this investigation\n\n29:03 Whether the Biden administration has shifted its stance on crypto and whether Gensler should remain as chair\n\n33:24 How the SEC might still go after staking\n\n37:18 Whether restaking, such as pioneered by EigenLayer, is safe from regulatory actions\n\n39:13 Why the SEC might be pursuing different judgments in various jurisdictions for MetaMask and Coinbase Wallet\n\n44:24 What crucial evidence from the closed Ethereum 2.0 investigation could strengthen Coinbase's defense in its ongoing lawsuit\n\n47:58 Why the SEC's aggressive stance on various crypto enforcement actions seems to remain unchanged despite closing the Ethereum 2.0 investigation\n\n52:13 Why Sam and Laura believe Solana should not be considered a security, despite the SEC naming it as such in various crypto cases\n\n58:13 How the SEC\u2019s argument about an \u201cecosystem\u201d is nonsensical, according to Laura Brookover\n\n01:00:31 What the implications of the closed investigation are for the cases of Kraken and Ripple\n\n01:04:58 What Sam and Laura B. are watching out for in terms of regulation and ongoing legal cases\n\n\nVisit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com\nThank you to our sponsors!\nPolkadot\nGuests:\n\n\nLaura Brookover, Senior Counsel & Head of Litigation and Investigations at Consensys\n\nPrevious appearance on Unchained: Consensys\u2019s Lawsuit Against The SEC: Will It End Gensler's \u2018Unlawful Power Grab\u2019?\n\n\n\nSam Enzer, Partner at Cahill Gordon & Reindel\n\nPrevious appearances on Unchained:\n\nThe Real Reason Why the SEC Might Be Going After Ethereum\n\nHow 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence\n\nWhy the SEC\u2019s Case Against Coinbase Is So Significant for Crypto\n\nWhy SBF\u2019s Testimony So Far Has Likely Already Doomed Him\n\nAnother Bad Week for Sam Bankman-Fried in His Criminal Trial\n\nWhy These Lawyers Say It\u2019s Over for SBF-But His Only Hail Mary Is to Testify\n\nSBF Trial: How Sam Bankman-Fried\u2019s Lawyers Might Try and Win His Case\n\nSBF\u2019s Lawyers Could Be Annoying the Judge How Might That Impact the Trial?\n\nFor more links visit UnchainedCrypto.com \nLearn more about your ad choices. Visit megaphone.fm/adchoices