In April 2023, the SEC re-proposed amendments to Exchange Act Rule 3b-16 to expand the definition of what it means to be an exchange. When the SEC initially proposed these amendments in January 2022, there were zero direct...more
10/12/2023
/ Alternative Trading System (ATS) ,
Blockchain ,
Comment Period ,
Compliance ,
Compliance Dates ,
Crypto Exchanges ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Contract ,
Proposed Amendments ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
On September 7, 2023, the Commodity Futures Trading Commission (CFTC) announced the settlement of three separate enforcement actions in the decentralized finance (DeFi) space: namely, concerning the Opyn protocol and its...more
9/19/2023
/ Blockchain ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Decentralized Finance (DeFi) ,
Designated Contract Markets (DCMs) ,
Digital Assets ,
Enforcement Actions ,
Futures Commission Merchants (FCMs) ,
Regulatory Violations ,
Token Sales
In the span of two days, June 5 and June 6, 2023, the US Securities and Exchange Commission (SEC) commenced proceedings against the largest crypto asset exchange in the world, Binance.com; its affiliated US exchange,...more
6/14/2023
/ Coinbase ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptoassets ,
Investment Contract ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Trading Platforms ,
Unregistered Securities
The focus on enforcement has done little to clarify regulatory expectations regarding current facts and market practices.
The Securities and Exchange Commission (SEC) has used and continues to use enforcement actions as...more
On May 5, 2023, New York Attorney General Letitia James released a bill for consideration by the New York State Legislature that would implement comprehensive and far-reaching regulation of digital asset activities in the...more
5/17/2023
/ Brokers ,
Crypto Exchanges ,
Digital Assets ,
Digital Platforms ,
Disclosure Requirements ,
Financial Regulatory Agencies ,
Influencers ,
Investment Adviser ,
Listing Standards ,
Market Participants ,
NYDFS ,
Proposed Legislation ,
Proprietary Trading ,
Registration Requirement ,
Regulatory Agenda ,
State Attorneys General
Increased equity market volatility provides issuers with opportunities to repurchase shares at attractive prices. At the same time, issuers must consider how recent changes to the tax treatment of stock buybacks, potential...more
4/12/2023
/ 10b5-1 Plans ,
Corporate Governance ,
Excise Tax ,
Form 10-Q ,
Inflation Reduction Act (IRA) ,
IRS ,
ISDA Master Agreement ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Safe Harbors ,
Share Buybacks ,
Stock Repurchases
On February 15, 2023, the Securities and Exchange Commission (SEC) released a proposed rulemaking (the Proposal) that would transform existing Rule 206(4)-2 (the Custody Rule) under the Investment Advisers Act of 1940 (the...more
As we have previously discussed, the SEC’s Fall 2022 “Reg Flex” Agenda charts the agency’s planned rulemaking through Q1 2023. Among this ambitious and wide-reaching agenda are two important final rulemakings concerning the...more
2/14/2023
/ Brokers ,
CFTC ,
Dodd-Frank ,
Major Swap Participants ,
Proposed Rules ,
SBS Entities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Security-Based Swaps ,
Swap Dealers ,
Swaps
On January 26, 2023, the International Swaps and Derivatives Association Inc. (ISDA), the leading trade organization for over-the-counter (OTC) derivatives markets, published the ISDA Digital Asset Derivatives Definitions...more