On May 29, 2025, the SEC’s Division of Corporation Finance (Corp Fin) released a Statement on Certain Protocol Staking Activities clarifying that certain crypto asset staking activities on proof-of-stake (PoS) blockchain...more
In a significant development for the digital asset industry, Republican lawmakers from the U.S. House Committees on Financial Services and Agriculture have released a comprehensive discussion draft of proposed legislation...more
5/13/2025
/ Blockchain ,
CFTC ,
Congressional Committees ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Financial Services Committee ,
Jurisdiction ,
Proposed Legislation ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
On April 10, 2025, the SEC’s Division of Corporation Finance (the Division) released a statement providing its views on disclosure requirements for Offerings and Registrations of Securities in the Crypto Asset Markets....more
4/25/2025
/ Corporate Governance ,
Cryptoassets ,
Digital Assets ,
Disclosure Requirements ,
FinCEN ,
Investment Contract ,
Offerings ,
Registration Statement ,
Regulation S-K ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On April 7, 2025, the Department of Justice (DOJ) released a memo for all department employees titled “Ending Regulation By Prosecution.” ...more
4/9/2025
/ Cartels ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Priorities ,
Financial Crimes ,
Fraud ,
Investors ,
New Guidance ,
Regulatory Reform ,
Significant Transnational Criminal Organization ,
Terrorist Organizations ,
White Collar Crimes
On April 4, the SEC released a Statement on Stablecoins. In the statement, the Division of Corporation Finance provides its view that offers and sales of a certain subset of crypto assets commonly known as “stablecoins”...more
On March 20, the SEC released a Statement on Certain Proof-of-Work Mining Activities. In the statement, the Division of Corporation Finance (Corp Fin) provides its view that many proof-of-work mining activities are not...more
On February 27, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Corp Fin) published a new staff statement intended to clarify the application of federal securities laws to meme coins....more
3/5/2025
/ Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Economic Realities Test ,
Enforcement Actions ,
FinTech ,
Howey ,
Internet Memes ,
New Guidance ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Securities Tokens ,
Token Sales
On February 20, the SEC announced the creation of the CETU, which will replace the Crypto Assets and Cyber Unit and be led by its former co-chief, Laura D’Allaird. In 2022, the SEC nearly doubled the size of the Crypto Assets...more
On February 12, President Donald Trump nominated Brian Quintenz to lead the Commodity Futures Trading Commission. This article profiles Quintenz as a nominee, surveys Pham’s initiatives as acting chair, and considers...more
Trump Administration AI and Crypto Special Advisor David Sacks focused on stablecoin legislation and a potential crypto regulatory framework during a press conference on February 4. Sacks led the conference and was followed...more
2/7/2025
/ Anti-Money Laundering ,
Bitcoin ,
CFTC ,
Congressional Committees ,
Cryptocurrency ,
Digital Assets ,
FinTech ,
Proposed Legislation ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
U.S. Commerce Department ,
Working Groups
The head of the Securities and Exchange Commission’s new Crypto Task Force announced its 10 initial priorities on February 4. In her statement, titled “The Journey Begins,” SEC Commissioner and task force chair Hester Peirce...more
As the crypto industry eagerly awaits regulatory clarity, some early glimpses of the new administration’s policy priorities may be found in resolutions of ongoing Securities and Exchange Commission cases against exchanges and...more
The Trump administration’s first week back in office was marked by a flurry of crypto-related activity among regulators, lawmakers, and the market itself....more
On Tuesday, acting SEC Chair Mark Uyeda announced the creation of a Crypto Task Force to devise a “sensible regulatory path” for the $3 trillion cryptocurrency market. This represents a departure from the former chair, Gary...more
On Friday, January 17, 2024, President Donald J. Trump announced the launch of the $TRUMP memecoin, which was organized and sold by CIC Digital, an affiliate of the Trump Organization. Within 60 hours, $TRUMP reportedly...more
1/23/2025
/ Bitcoin ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Donald Trump ,
Howey ,
Investment ,
Investment Contract ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Unregistered Securities
It’s the Transaction, Not the Token.
Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the...more
7/18/2023
/ Buyers ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
Investment ,
Investment Contract ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Sellers ,
Summary Judgment ,
Token Sales ,
Unregistered Securities