The now-dismissed case against Coinbase is a symptom of a dynamic regulatory environment where rules for cryptocurrency trading are uncertain. The hallmark uncertainty within the cryptocurrency industry creates a fertile ground for evaluating equitable estoppel claims, where companies are forced to rely on inconsistent messages and unsettled policy to their detriment.
Indeed, Coinbase raised an equitable estoppel defense in its case against the SEC. Coinbase argued that it relied on the SEC’s representations that Coinbase was not violating securities law. The facts of Coinbase’s case could lay the groundwork for future cases to push the traditionally strict boundaries of equitable estoppel against government entities.
The purpose of this comment is to evaluate the strength of Coinbase’s equitable estoppel claims. Given the case’s dismissal, equitable estoppel is no longer relevant to Coinbase. But by evaluating the strength of the doctrine against this case, future cryptocurrency firms may be able to use its lessons as a defense should the policies shift against cryptocurrency firms again.