News & Analysis as of

Digital Assets Investment

Jones Day

CFTC Issues Advisory to Clarify FBOT Registration Framework for Non-U.S. Crypto Exchanges to Access U.S.-based Participants

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To promote regulatory clarity, on August 28, 2025, the Commodity Futures Trading Commission ("CFTC")'s Division of Market Oversight issued an advisory to reaffirm its longstanding foreign board of trade ("FBOT") registration...more

Morgan Lewis

US Department of Justice: ‘Well-Intentioned Innovators’ Will Not Be Prosecuted

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Recent statements from the US Department of Justice, the White House, and the Commodity Futures Trading Commission indicate a safer environment for responsible risk-taking in digital assets and derivatives....more

Morgan Lewis

The GENIUS Act’s Stablecoin Regulatory Scheme Promotes Uniformity But May Fall Short

Morgan Lewis on

As the stablecoin market continues to evolve at lightning speed, regulation of these innovative financial products has strived to keep apace. While the GENIUS Act in the United States has created a robust regulatory...more

Loeb & Loeb LLP

Wyoming Debuts First U.S. State-Issued Stablecoin — Frontier Stable Token (FRNT)

Loeb & Loeb LLP on

Wyoming has officially launched the Frontier Stable Token (FRNT), the first stablecoin in the U.S. issued by a public entity. Fully backed by U.S. dollars and short-term treasury bills, with reserves legally required to...more

A&O Shearman

SEC and CFTC Staff Clear Path for Spot Crypto Trading on Regulated Exchanges

A&O Shearman on

On September 2, 2025, the staffs of the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) issued a joint statement regarding trading of certain spot crypto asset products on regulated...more

Hogan Lovells

The Payments Newsletter including Digital Assets & Blockchain, August 2025

Hogan Lovells on

Key developments of interest over the last month include: the U.S. Consumer Financial Protection Bureau's decision to restart the open banking rulemaking process; the UK FCA's publication of a policy statement with final...more

Troutman Pepper Locke

Illinois Passes New Laws Designed to Safeguard Consumers Against Cryptocurrency Fraud

Troutman Pepper Locke on

Last week, Illinois Governor JB Pritzker signed two landmark pieces of legislation aimed at protecting consumers from cryptocurrency scams and fraud. The Digital Assets and Consumer Protection Act (SB1797) and the Digital...more

Phelps Dunbar

Is the GENIUS Act Smart for Community Banks?

Phelps Dunbar on

The GENIUS Act, passed in July, is the first comprehensive federal framework for payment stablecoins in the United States. On the surface, it promises clarity and an opportunity for community banks to participate in the...more

Troutman Pepper Locke

GENIUS Act Under the Microscope: Strengths, Weaknesses, and Regulatory Milestones

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As digital assets continue to reshape the financial landscape, regulatory clarity around stablecoins is increasingly vital. The GENIUS Act, signed into law by President Trump in July, establishes the first-ever federal...more

Troutman Pepper Locke

CFTC Launches Crypto Sprint to Implement Digital Asset Market Recommendations

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On August 1, the Commodity Futures Trading Commission (CFTC) announced an initiative aimed at advancing the U.S.’s position in the global cryptocurrency landscape. Acting Chairman Caroline D. Pham revealed the commencement of...more

Seyfarth Shaw LLP

Executive Order Opens the Door to Alternative Assets in 401(k) Plans

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Shortly following our Legal Update regarding considerations for institutional investors investing in funds alongside retail investors, on August 7, 2025, President Trump issued an Executive Order (Order) entitled...more

A&O Shearman

EBA publishes final report on draft RTS on the prudential treatment of cryptoasset exposures

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The European Banking Authority (EBA) has published its final report containing final draft regulatory technical standards (RTS) on the prudential treatment of cryptoasset exposures under the Capital Requirements Regulation...more

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

Troutman Pepper Locke on

On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Ballard Spahr LLP

Executive Order Seeks to Expand Access to Crypto and Private Investments in Defined-Contribution Plans

Ballard Spahr LLP on

On August 7, 2025, President Trump issued an executive order (the Order) instructing federal agencies to expand access to alternative asset investments for participants in defined-contribution retirement plans such as 401(k)...more

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

Jones Day on

A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

Jones Day

New White House Report Outlines U.S. Policy for Digital Assets

Jones Day on

President Trump's "Working Group on Digital Asset Markets" recently released a report with a strategic roadmap to advance American leadership in digital financial technology....more

Fox Rothschild LLP

The NO FAKES Act: Including the Potential Federal Right of Publicity in Catalog Acquisitions

Fox Rothschild LLP on

Among the most dominant trends in the music industry over the past decade has been the proliferation of investment in catalogs of musical compositions and sound recordings. While many investors’ theses focus solely on the...more

Troutman Pepper Locke

SEC’s “Project Crypto:” A Step Toward On-Chain Financial Markets

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On July 31, the Securities and Exchange Commission (SEC) Chairman Paul Atkins (Chair Atkins) presented “Project Crypto,” an initiative aimed at positioning the U.S. as the global leader in the digital finance world. In his...more

Troutman Pepper Locke

Senate Banking Committee Releases Draft Digital Asset Market Structure Bill and Request for Information

Troutman Pepper Locke on

Since the House passed the CLARITY Act on July 17, the U.S. Senate Banking Committee, which has oversight of the Securities and Exchange Commission (SEC), has been busy working on its own version of the U.S. crypto regulatory...more

Morrison & Foerster LLP

SEC Permits In-Kind Creations and Redemptions for Crypto ETPs

On July 29, 2025, the Securities and Exchange Commission (SEC) signaled a significant policy shift, approving orders that permit in-kind creations and redemptions for crypto asset exchange-traded products (ETPs). This marks a...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 6, Issue 7, July 2025

Welcome to our seventh issue of 2025 of Decoded - our technology law insights e-newsletter. What does the US GENIUS Act Mean for Stablecoins? “The White House categorically states it is a historic piece of legislation that...more

Troutman Pepper Locke

FINRA Continues to Scrutinize Customer Facing Communications on Crypto Offerings

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On July 16, TradeStation Securities, Inc., a member firm of the Financial Industry Regulatory Authority (FINRA), submitted a Letter of Acceptance, Waiver, and Consent (AWC) to FINRA’s Department of Enforcement. This AWC...more

A&O Shearman

UK Mansion House 2025: UK government supports digitisation of UK shareholding framework

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The Digitisation Taskforce has published its final report, recommending a three-step plan to modernise the UK shareholding framework by eliminating paper share certificates and transitioning to a fully digitised and...more

BakerHostetler

Weekly Blockchain Blog - July 2025 #3

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According to a recent press release, a major U.S. bank has entered into a strategic partnership with the largest U.S. cryptocurrency exchange platform. This collaboration reportedly aims to expand access to secure digital...more

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