Brian Armstrong, co-founder and chief executive officer of Coinbase Inc., speaks during the Singapore Fintech Festival, in Singapore, on Friday, Nov. 4, 2022.
Bryan van der Beek | Bloomberg | Getty Images
Crypto exchange Coinbase offered a fiery response on Thursday to last month’s Wells notice from the SEC, telling the federal regulator that an enforcement action against the crypto exchange would pose “major programmatic risks” to the SEC that would “fail on the merits.”
“Coinbase does not list, clear, or effect trading in securities,” the company’s response said. The analysis SEC did staffers to justify an enforcement action “appears to rest on superficial and incorrect analogies to products and services offered by others,” Coinbase wrote in a blog post from chief legal officer Paul Grewal.
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Separately, Grewal told CNBC, “At the time when we went public we had detailed discussions with the SEC about the very aspects of our business that are now — two years later — the subject of the Wells notice. Nothing has changed.”
The SEC indicated to Coinbase in a March wells notice that its spot trading, staking, custody and institutional trading businesses were at risk.The SEC’s warning to Coinbase noted that the regulator would allege Coinbase was offering and selling unregistered securities, in violation of federal law. The SEC has used unregistered offering and sale violations to force other crypto exchanges to close services in the U.S., including the crypto exchange Kraken’s staking-as-a-service product.
If the SEC succeeded, it could force Coinbase to close down those units. To date, the SEC has never approved a crypto-asset entity as an national securities exchange, despite an extensive dialogue with Coinbase over the years.
Executives at the crypto firm have signaled for months that the Coinbase is ready to grapple with the SEC in an existential case not just for Coinbase but the future of the crypto industry in the U.S. at large.
Coinbase noted that the company’s years-long efforts to cooperate with SEC securities staff produced no concerns from SEC staffers until recently. Coinbase also noted that the SEC could have denied the company permission to go public in 2021, when it reviewed Coinbase’s S-1 filing.
Perhaps most consequentially for the rest of the U.S. crypto industry, Coinbase also argues that proposed charges rely on “flawed and untested” theories involving investment contracts, spot markets, and custody services.
Securities lawyers rely on something known as the Howey test, from a Supreme Court case where the SEC sued an Florida orange grove operator for a leaseback and profit-sharing arrangement involving the sale of oranges.
The four elements required to determine whether transactions constitute investment contracts: an investment, in common enterprise, and reasonable expectation of profit, from derived from the work of others.
Coinbase is a secondary market, meaning that investors buy and sell assets that they already own rather than purchasing them directly from an issuer. The Nasdaq and the NYSE are also secondary markets for U.S. equities. Courts have already been reluctant to extend “Howey’sreach to include the secondary trading of assets where no issuer is involved,” Coinbase’s response noted.
Coinbase also issued a point-by-point repudiation of Howey’s applicability to the exchange’s staking service. “Coinbase’s retail staking services fail all four prongs of the Howey test,” Coinbase’s response said.
Coinbase is represented by Sullivan & Cromwell.
“The SEC generally does not acknowledge the existence or non-existence of any investigation unless or until charges are filed,” a spokesperson for the SEC told CNBC.
“Coinbase has never wanted to litigate with the Commission. The Commission should not want to litigate either,” Coinbase wrote in its response. “Litigation will put the Commission’s own actions on trial,” Coinbase said, and “erode public trust cultivated over decades.
Lisa Su, chair and chief executive officer of Advanced Micro Devices Inc. (AMD), during a Bloomberg Television interview in San Francisco, California, US, on Monday, Oct. 6, 2025.
David Paul Morris | Bloomberg | Getty Images
AMD stock climbed 11% on Wednesday, continuing a massive run since OpenAI announced plans to buy billions of dollars of AI equipment from the chipmaker earlier this week.
On Monday, the ChatGPT maker entered into an agreement to potentially own 10% of AMD, based on its stock price and partnership milestones.
AMD now has a market cap of $380 billion after climbing 4% on Tuesday and 24% on Monday. Shares are up 43% so far this week, on pace for the best weekly gain since April 2016.
The partnership with OpenAI, which has historically been closely linked with Nvidia, has bolstered investor confidence that AMD will be a viable competitor to Nvidia in AI chips.
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AMD CEO Lisa Su told reporters on Monday that the deal was a “win-win” and that its AI chips were good enough to be used in “at-scale deployments,” or very large data centers like the kind OpenAI and cloud providers build.
Nvidia CEO Jensen Huang on Wednesday reacted to the deal on CNBC’s Squawk Box, saying it was “surprising.”
“It’s imaginative, it’s unique and surprising, considering they were so excited about their next-generation product,” Huang said. “I’m surprised that they would give away 10% of the company before they even built it. And so anyhow, it’s clever, I guess.”
Sundar Pichai, chief executive officer of Alphabet Inc., during the Bloomberg Tech conference in San Francisco, California, US, on Wednesday, June 4, 2025.
David Paul Morris | Bloomberg | Getty Images
Google is continuing to put restrictions on remote work, this time with a popular policy called “Work from Anywhere” that was established during the Covid pandemic.
The policy has allowed employees to work from a location outside of their main office for up to four weeks per calendar year. According to internal documents viewed by CNBC, working remotely for even a single day will now count for a full week.
“Whether you log 1 WFA day or 5 WFA days in a given standard work week, 1 WFA week will be deducted from your WFA weekly balance,” according to a document that was circulated over the summer, shortly before the change went into effect.
Google isn’t altering its current hybrid schedule, which was also put in place during the pandemic, allowing employees to work from home two days a week. WFA days are distinct from that policy, giving staffers the flexibility to work remotely, but not at home.
“WFA weeks cannot be used to work from home or nearby,” the document says.
Google didn’t immediately respond to request for comment.
Tech companies are increasingly forcing employees to spend more time in the office, with the peak of Covid now about five years in the past. Microsoft said last month that employees will be expected to work in an office three days a week starting next year, switching from a policy that allowed most of them to work from home 50% of the time or more with manager approval. Amazon went further, instructing corporate staffers to spend five days a week in the office.
Google began offering some U.S. full-time employees voluntary buyouts at the beginning of 2025, and has notified remote workers from several units their jobs would be considered for layoffs if they didn’t return to offices to work a hybrid schedule.
According to the latest changes, employees can’t work from a Google office in a separate state or country during their WFA time due to “legal and financial implications of cross border work.” If in a different location, employees may be required to work during the business hours that align with that time zone, the rules state.
The WFA update doesn’t apply to all Google staffers and may exclude data center workers, and those who are required to be in physical offices. Violations of the policy will result in disciplinary action or termination, the document says.
The issue came up at a recent all-hands meeting.
A top-rated question that was submitted on Google’s internal system described the update as “confusing.”
“Why does even one day of WFA count as a whole week, and can we reconsider the restriction on using WFA weeks to work from home?” the question said.
John Casey, Google’s vice president of performance and rewards, said at the meeting that WFA “was meant to meet Googlers where they were during the pandemic,” according to audio obtained by CNBC.
“The policy was always intended to be taken in increments of a week and not be used as a substitute for working from home in a regular hybrid work week,” Casey said.
Nvidia CEO Jensen Huang said Wednesday that his family’s immigration to the U.S. “would not have been possible” with the Trump administration’s current policy.
President Donald Trump announced in September that employers would have to pay a $100,000 fee for each H-1B visa, a temporary worker visa granted to foreign professionals with specialized skills.
Huang, who was born in Taiwan and later moved Thailand, immigrated to the U.S. at nine years old with his brother. His parents joined them around two years later.
“I don’t think that my family would have been able to afford the $100,000 and and so the opportunity for my, my family and for me to be here … would not have been possible,” Huang told CNBC’s “Squawk Box.”
Trump’s sudden price hike was a shock to the tech sector, which relies heavily on foreign talent, especially from India and China.
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Amazon was the top employer for H-1B holders in fiscal year 2025, sponsoring over 10,000 applicants according to U.S. Citizenship and Immigration Services. Tech juggernauts Microsoft, Meta, Apple, and Google were also among the top H-1B employers, with over 4,000 approvals each.
“Immigration is the foundation of the American dream,” Huang said, “this ideal that anyone can come to America and through hard work and some talent, be able to build a better future for yourself.”
Huang added that his own parents came to the U.S. so that his family could “enjoy the opportunities” and “this incredible country.”
The CEO confirmed that Nvidia, which currently sponsors 1,400 visas, would continue covering H-1B fees for immigrant employees. Huang said that he hopes to see some “enhancements” to the policy so that there’s “still some opportunities for serendipity to happen.”
While his own family’s journey would have been blocked by Trump’s immigration policy, Huang said Trump’s changes will still allow the U.S. “to continue to attract the world’s best talent.”
And other tech executives have expressed support for the changes, with Netflix‘s Reed Hastings calling the fee “a great solution” in a post on X.
“It will mean H1-B is used just for very high value jobs, which will mean no lottery needed, and more certainty for those jobs,” Hastings wrote.
In September, OpenAI CEO Sam Altman told CNBC’s Jon Fortt that he also backed Trump’s changes.
“We need to get the smartest people in the country, and streamlining that process and also sort of outlining financial incentives seems good to me,” Altman said.