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
The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...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 ,
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Trump Administration
On September 4, the Commodity Futures Trading Commission (CFTC) issued a settlement order (the Order) against Universal Navigation Inc. d/b/a Uniswap Labs (Uniswap).1 The Order asserted that Uniswap, through its front-end...more
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
New Jersey is poised to adopt sweeping cryptocurrency and blockchain regulations with the passage of the Digital Asset and Blockchain Technology Act (the Act). If adopted, the Act would radically change the regulatory...more
While we would be remiss not to laud the SEC’s statement as a step in the right direction, the shortcomings are inescapable.
On Dec. 23, 2020, the SEC published a statement proposing a framework for broker-dealers to...more
The Financial Industry Regulatory Authority’s new request for digital assets activities adds more confusion to the regulatory environment.
The United States Financial Industry Regulatory Authority, or FINRA, has once again...more