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Ripple and Howey

The questions revolving around crypto assets typically begin with examining if a security is involved. The answer to that question is determined by applying the Howey test and frequently concluding that the asset is in fact a...more

FTX - Billions of Dollars to a Firm with No Controls

Things change, at least sometimes. Take Crypto assets. They began as a way to “get off the grid.” Over time some came on to the grid as their popularity increased. Others stayed off....more

The FSOC On Crypto Assets

​​​​​​​The Financial Stability Oversight Council released its Report on Digital Assets Financial Stability Risks and Regulation on October 3, 2022. The Report was prepared in accord with Section 6 of President Biden’s...more

The FSOC On Crypto Assets

​​​​​​​The Financial Stability Oversight Council released its Report on Digital Assets Financial Stability Risks and Regulation on October 3, 2022. The Report was prepared in accord with Section 6 of President Biden’s...more

SEC Exam Priorities 2022 and Compliance

The Division of Examinations announced its 2022 Exam Priorities in a release dated March 30, 2022. The 2022 priorities are, as usual, a blend of traditional considerations from past programs mixed with new and at times...more

Crypto Assets: From Off The Grid To A Seat At The Table

The Beginning - Crypto assets were initially “off the grid,” and many early proponents celebrated the promise of their regulatory independence. While conventional assets were governed by a virtual alphabet soup of federal...more

Crypto and the Regulators: Will the Revolution Get Rules?

Crypto currency began with the notion of getting “off the grid” – escaping the regulators and not being regulated. Over time that notion has transmuted. Now platforms trading crypto assets proclaim that the “revolution needs...more

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