Both elements of the plan are open to legal challenge, lawyers said. Imposing losses on customers who were not hacked appears to go against the company's terms of service, said Ryan Straus, a Fenwick & West lawyer
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This sort of is a very strong point. They can't just take funds from everyone and spread the 36% of losses like this. Have they commented yet on how the exchange was hacked or the 2 sigs were compromised ?
They say that this is what most resembles what will happen in a liquidation scenario.
Of course, this will be challenged in courts. Their aim should be to raise money quickly and liquidate these tokens.