Protocol Staking Under the Federal Securities Laws -
Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more
6/2/2025
/ Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
FinTech ,
Howey ,
Investment Contract ,
New Guidance ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The Staff noted that Securities Exchange Act (SEA) Rule 15c3-3(b) only applies to securities carried by a broker-dealer. Accordingly, if a broker-dealer carries non-security crypto assets (e.g., Bitcoin or Ether), a...more
On April 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Divisions of Market Oversight, Clearing and Risk, and Market Participants issued two requests for comments soliciting public feedback related to the...more
The Guidance provides the Division’s views regarding certain disclosure requirements under Regulation S-K, specifically with respect to disclosures contained within Form S-1 (registration statements), Form 10-K (reporting...more
Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters...more
1/27/2025
/ Anti-Money Laundering ,
Blockchain ,
CFTC ,
Compliance ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Executive Orders ,
FDIC ,
Financial Crimes ,
FinTech ,
IRS ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On December 5, 2024, the U.S. Commodities Futures Trading Commission (CFTC) staff (Staff) issued a staff advisory (Advisory) on the use of artificial intelligence (AI) by market participants in CFTC-regulated markets.1 Staff...more
12/16/2024
/ Artificial Intelligence ,
Best Practices ,
CFTC ,
Commodities Traders ,
Commodity Exchange Act (CEA) ,
Compliance ,
Derivatives Clearing Organizations ,
Designated Contract Markets (DCMs) ,
Emerging Technologies ,
Financial Services Industry ,
Machine Learning ,
NFA ,
Risk Management ,
SEFs ,
Software ,
Swap Data Repositories
On October 16, 2023, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) released its annual Examination Priorities for fiscal year 2024 (the (“Report”), marking the first time the...more
10/26/2023
/ Anti-Money Laundering ,
Artificial Intelligence ,
Broker-Dealer ,
Conflicts of Interest ,
Cryptoassets ,
Customer Protection Rule ,
Cybersecurity ,
Disclosure ,
Emerging Technology Companies ,
Information Security ,
Investment Adviser ,
Regulation Best Interest ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On July 13, Judge Analisa Torres, district judge for the United States District Court for the Southern District of New York, issued a substantial order (the Order) on cross motions for summary judgment in the U.S. Securities...more
On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) released a proposed rule change (the Proposed Rule) redesignating the “custody rule” (i.e., Rule 206(4)-2 of the Investment Advisers Act of 1940, as...more