On July 31, 2025, Securities and Exchange Commission (“SEC” or “Commission”) Chairman Paul S. Atkins delivered a landmark speech (the “Speech”) at the America First Policy Institute, announcing “Project Crypto,” a...more
8/14/2025
/ Blockchain ,
CFTC ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
FinTech ,
Popular ,
Proposed Rules ,
Regulatory Reform ,
Securities and Exchange Commission (SEC)
On July 30, 2025, the President’s Working Group on Digital Asset Markets released its report titled “Strengthening American Leadership in Digital Financial Technology” (the “Report”), which outlines the United States’...more
8/11/2025
/ AML/CFT ,
Banking Sector ,
Blockchain ,
Capital Markets ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
FinCEN ,
Regulatory Reform ,
Regulatory Requirements ,
Stablecoins ,
The GENIUS Act
On July 18, 2025, President Trump signed into law the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act”), establishing the first U.S. statutory federal regulatory framework for payment...more
7/23/2025
/ Anti-Money Laundering ,
Banking Sector ,
Compliance ,
Digital Assets ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
FinTech ,
Legislative Agendas ,
New Legislation ,
Regulatory Reform ,
Stablecoins ,
The GENIUS Act
On May 29, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that certain proof-of-stake blockchain “staking” activities do not involve the offer or sale of “securities”...more
On April 10, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a Staff statement providing guidance on how existing disclosure requirements apply to offerings and registrations of crypto asset...more
On April 4, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that a narrow class of USD-backed, fully reserved, non-yield-bearing stablecoins (“Covered Stablecoins”) do...more
4/9/2025
/ CFTC ,
Cryptocurrency ,
Digital Assets ,
FinTech ,
Investment Company Act of 1940 ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Requirements ,
Securities Act of 1933 ,
Securities Regulation ,
Stablecoins
On February 27, 2025, the U.S. Securities and Exchange Commission’s Division of Corporation Finance issued a formal Staff Statement on “meme coins.”
In this statement, the SEC staff took the position that typical meme...more
3/5/2025
/ Blockchain ,
CFTC ,
Corporate Governance ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Financial Institutions ,
FinTech ,
Investment ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Statutory Interpretation ,
Technology
On February 27, 2025, the U.S. Securities and Exchange Commission (SEC) filed to dismiss its lawsuit against Coinbase, Inc. (“Coinbase”)—an outcome that marks a significant development in the evolving regulatory landscape for...more
M&A practitioners anticipate a ‘Trump bump’ -
The scale of Donald Trump’s victory in the presidential election – and the fact the Republicans now have full control of Congress – has been greeted with optimism by U.S....more
12/20/2024
/ Acquisitions ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Foreign Investment ,
Global Dealmaking ,
Global Market ,
Legislative Agendas ,
Merger Controls ,
Mergers ,
National Security ,
Securities and Exchange Commission (SEC) ,
Tariffs ,
Tax Reform ,
Trump Administration ,
US Trade Policies
Welcome to the latest edition of M&A Insights, where we bring together partners from across the A&O Shearman network to explore the themes shaping global dealmaking.
The election of Donald Trump as President is expected to...more
12/18/2024
/ Acquisitions ,
Artificial Intelligence ,
Banking Sector ,
Buyers ,
CFIUS ,
China ,
Competition ,
Corporate Governance ,
Cryptocurrency ,
EU ,
European Central Bank ,
Foreign Investment ,
Global Dealmaking ,
Global Market ,
Immigration ,
Legislative Agendas ,
Listing Standards ,
Machine Learning ,
Merger Controls ,
Mergers ,
National Security ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Sellers ,
Tariffs ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States ,
US Trade Policies
In our biannual M&A trends report we explore the possible impact of the new U.S. administration on dealmaking, the dynamics of transatlantic M&A, private equity exits, and Mario Draghi’s proposals to reshape the European...more
12/18/2024
/ Acquisitions ,
Artificial Intelligence ,
Banking Sector ,
Buyers ,
CFIUS ,
China ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
EU ,
European Central Bank ,
Foreign Investment ,
Global Dealmaking ,
Global Market ,
Immigration ,
Legislative Agendas ,
Listing Standards ,
Machine Learning ,
Merger Controls ,
Mergers ,
National Security ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Sellers ,
Tariffs ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States ,
US Trade Policies
On October 16, 2024, the New York Department of Financial Services (“NYDFS”) released an Industry Letter—entitled Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (the “Letter”)....more
10/22/2024
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Covered Entities ,
Cybersecurity ,
Cybersecurity Framework ,
Enforcement ,
Financial Institutions ,
Financial Services Industry ,
NYDFS ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Technology Sector
On May 30, 2024, the New York State Department of Financial Services ("NYSDFS" or the "Department") issued guidance to all virtual currency businesses licensed or chartered with the Department ("VCEs"), including those...more
On May 22, 2024, the U.S. House of Representatives (the “House”) passed the Financial Innovation and Technology for the 21st Century Act (“FIT21” or the “Bill”) with bipartisan support by a vote of 279-136. FIT21 provides for...more
6/3/2024
/ CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Financial Regulatory Reform ,
Legislative Agendas ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
U.S. House
The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture capital firms and their...more
4/8/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Investors ,
Merger Controls ,
Mergers ,
National Security ,
Policy Drafting ,
Popular ,
Private Equity ,
Private Equity Firms ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Self-Disclosure Requirements ,
Venture Capital
On February 29, 2024, the Delaware Court of Chancery issued an opinion on Sjunde AP-Fonden v. Activision Blizzard1 (“Opinion”) that called into question established market practices for mergers, including (i) the process for...more
3/12/2024
/ Acquisitions ,
Buyers ,
Commercial Litigation ,
Corporate Counsel ,
Corporate Governance ,
DE Supreme Court ,
Delaware ,
Delaware General Corporation Law ,
Merger Agreements ,
Mergers ,
Microsoft ,
Sellers
This enduring cornerstone of Delaware corporate law is rooted in Section 141(a) of the Delaware General Corporate Law (“DGCL”): “The business and affairs of every corporation […] shall be managed by or under the direction of...more
Chancellor Kathleen McCormick of the Delaware Court of Chancery grappled with this question in a recent derivative lawsuit challenging Tesla’s performance-based equity award with a potential USD55.8 billion maximum value and...more
In a milestone for the crypto industry, on January 10, 2024, the U.S. Securities and Exchange Commission (the “SEC”) approved the listing and trading of a number of spot bitcoin exchange-traded product (“ETP”) shares,...more
On October 13, 2023, California enacted two bills that significantly expand the regulation of virtual currency-related activities in California:
Assembly Bill 39 (AB 39), known as the California Digital Financial Assets...more
11/15/2023
/ Banks ,
California ,
CFTC ,
Credit Unions ,
Digital Assets ,
Enforcement ,
European Anti-Fraud Office (OLAF) ,
Liquidity ,
New Legislation ,
Private Trust Companies ,
Software ,
Stablecoins ,
Virtual Currency
On August 30, 2023, in a case of first impression, the U.S. District Court for the Southern District of New York dismissed in full a putative securities class action against Uniswap Labs, a decentralized finance (“DeFi”)...more
9/15/2023
/ Blockchain ,
CFTC ,
Class Action ,
Crypto Exchanges ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
FinCEN ,
Investors ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Swap Trading
On August 28, 2023, the Securities and Exchange Commission (the “SEC”) charged Impact Theory, LLC (“Impact Theory”), a media and entertainment company headquartered in Los Angeles, with conducting an unregistered securities...more
9/8/2023
/ Asset Purchaser ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Transactions ,
Investment ,
Investment Contract ,
Non-Fungible Tokens (NFTs) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Token Sales ,
Unregistered Securities
The Digital Euro project is the European Central Bank’s (ECB) response to the changing landscape of consumer payments, driven by the rise of cryptocurrency, payment fintechs and electronic transactions. A Digital Euro would...more
8/7/2023
/ Central Bank Digital Currency (CBDCs) ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Digital Markets Strategy ,
EU ,
European Central Bank ,
Financial Institutions ,
Financial Regulatory Reform ,
Popular ,
Regulatory Agenda
In SEC v. Ripple Labs, the U.S. Securities and Exchange Commission (“SEC”) alleges that Ripple Labs, Inc. and two of its executives raised over $1.3 billion through an unregistered and ongoing digital asset securities...more
7/18/2023
/ Capital Raising ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Offerings ,
Ripple ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Unregistered Securities
On January 3, 2023, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency (together, the “federal banking regulators”) issued a joint...more