Popular, Broker-Dealer, Digital Assets

SEC Formally Withdraws Fourteen Rule Proposals

Proskauer - Regulatory & Compliance on 6/17/2025

On June 12, 2025 the Securities and Exchange Commission (“SEC”) formally withdrew fourteen outstanding rule proposals issued by the prior administration. Although most observers doubted that the current Commission would adopt...more

SEC Chairman Decrypts the Regulatory Future of Crypto Asset Markets

Vinson & Elkins LLP on 6/12/2025

On May 12, 2025, the Chairman of the Securities and Exchange Commission (the “SEC” or the “Commission”), Paul Atkins, announced his plan to “develop a rational regulatory framework for crypto asset markets” during his keynote...more

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

McDermott Will & Schulte on 6/9/2025

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based...more

SEC Issues FAQs on Broker-Dealer Crypto Asset Activities, Transfer Agent Blockchain Use

Morgan Lewis on 5/28/2025

The Staff of the Division of Trading and Markets of the US Securities and Exchange Commission issued on May 15, 2025 responses to Frequently Asked Questions Relating to Crypto Asset Activities and Distributed Ledger...more

The SEC’s Crypto Task Force Charts a New Course

Latham & Watkins LLP on 2/11/2025

Commissioner Hester Peirce outlined 10 priorities for the Crypto Task Force, aiming for regulatory clarity while promoting innovation in digital asset markets....more

Weekly Blockchain Blog - September 2024 #2

BakerHostetler on 9/16/2024

According to recent reports, two U.S. multinational financial technology companies have integrated Ethereum Name Service (ENS), a decentralized naming system built on the Ethereum blockchain, into their payment platforms....more

Taking Steps Toward Federal Blockchain and Cryptocurrency Regulation

Sullivan & Worcester on 7/12/2024

On May 22, 2024, with bi-partisan support, the U.S. House of Representatives passed H.R. 4763, the Financial Innovation and Technology for the 21st Century Act (“FIT21”), becoming the first major cryptocurrency legislation to...more

Ruling for SEC Clears Path for Continued Litigation in SEC v. Coinbase

Latham & Watkins LLP on 4/18/2024

The decision, which addresses a broad range of market activity by Coinbase relating to 13 third-party tokens, could have significant implications for market participants. On March 27, 2024, Judge Katherine Failla of the US...more

SEC Cryptocurrency Enforcement under the Gensler Administration

Cornerstone Research on 1/29/2024

In addition to tokens and crypto issuers, the SEC enforcement continued its focus on crypto lending and trading platforms. In January 2023, the SEC brought two enforcement actions against three firms for unregistered offer...more

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security

Skadden, Arps, Slate, Meagher & Flom LLP on 3/14/2023

On March 9, 2023, the New York State Attorney General’s Office (NYAG) filed a lawsuit charging crypto trading platform KuCoin for “failing to register as a securities and commodities broker-dealer and falsely representing...more

Cryptocurrency Regulations and How They May Impact Private Investment Funds

White and Williams LLP on 7/7/2022

Over the last five years, decentralized finance (DeFi), especially cryptocurrencies and other digital assets are a space that continues to grow at an exponential rate, not only for retail investors but also for private...more

NFT Lawyer – 5 Things You Must Consider Before Hiring

Oberheiden P.C. on 5/3/2022

NFTs, or non-fungible tokens, are digital assets that are sharply rising in popularity. Every day, individuals are launching new NFT projects with similar or new features compared to prior NFT projects. NFTs are attractive to...more

Crypto Laboratories of Democracy

Brownstein Hyatt Farber Schreck on 3/25/2022

President Joe Biden’s executive order directing agencies to come up with a federal governmentwide approach to regulating digital assets appropriately garnered widespread attention. But as Justice Louis Brandeis once said1,...more

New SEC Chairman Gives His First Speech on Crypto

Latham & Watkins LLP on 8/13/2021

Gary Gensler asserts the SEC’s broad powers over digital assets, and puts consumer protection at the forefront. On August 3, 2021, Gary Gensler, chairman of the US Securities and Exchange Commission (SEC), gave a speech on...more

SEC Finalizes Reforms Under Investment Advisers Act

Goodwin on 1/7/2021

In this Issue. The Securities and Exchange Commission (SEC) finalized reforms under the Investment Advisers Act to modernize rules that govern investment adviser advertisements and payments to solicitors, and published a risk...more

SEC To Permit Custody Of Digital Asset Securities By “Special Purpose” Brokers

Goodwin on 12/28/2020

Christmas came early for many in the digital asset community by way of a statement from the U.S. Securities and Exchange Commission (“SEC” or “Commission”) on December 23, 2020 that grants relief in the area of broker...more

Blockchain Week in Review - December 2020

Perkins Coie on 12/14/2020

U.S. Developments - Legislation - Congress Members Introduce Stablecoin Legislation - On December 2, 2020, Congresswoman Rashida Tlaib (MI-13), Congressmen Jesús “Chuy” García (IL-04) and Chairman of Task Force on...more

White Collar Year in Preview: SEC Enforcement Trends in 2020

Foley Hoag LLP - White Collar Law &... on 1/6/2020

Editors’ Note: This is the first in our start-of-year series examining important trends in white collar law and investigations in the coming year. Up next: a look at trends in health care enforcement. Look for additional...more

CFTC, FinCEN, and SEC Warn of Crypto AML Enforcement

Proskauer - Blockchain and the Law on 11/8/2019

Based on a recent regulatory statement, entities involved with cryptocurrency or digital assets should revisit their anti-money laundering and countering the financing of terrorism obligations (AML/CFT) compliance under the...more

Blockchain Week in Review - October 2019

Perkins Coie on 10/18/2019

U.S. Developments - U.S. Federal Regulatory Developments - CFTC, FinCEN, and SEC Leaders Release a Join Statement on Digital Assets - On October 11, 2019, the heads of the Commodity Futures Trading Commission (“CFTC”),...more

Regulators Issue Joint Statement on Broker-Dealer Custody of Digital Asset Securities

Morgan Lewis on 7/15/2019

A joint statement issued by the staffs of the SEC and FINRA provides insight into the issues under consideration regarding broker-dealer custody of digital asset securities, such as initial coin offerings. The SEC and FINRA...more

Blockchain Week in Review - June 2019 #2

Perkins Coie on 6/19/2019

U.S. Developments - Regulatory Developments - SEC Chair’s Recent Comments on Digital Assets - Securities and Exchange Commission (“SEC”) Chairman Jay Clayton touched on digital asset issues during two recent...more

Investment Management Update - June 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 6/18/2019

In the inaugural issue of Investment Management Update, we summarize regulatory, litigation and industry developments from February 2019 to May 2019 impacting the investment management sector....more

The SEC and Digital Assets—A Busy Year End

Perkins Coie on 12/21/2018

The end of the year has been a very busy time for the SEC in the digital asset space. From speeches to the issuance of joint statements to enforcement actions, there are many things to highlight, discuss and consider. This...more

Staking its Claim: SEC Provides Comprehensive Guide for Blockchain, Digital Asset Securities

Troutman Pepper Locke on 11/29/2018

Yesterday at the Consensus: Invest Conference in New York City, Jay Clayton, Chairman of the U.S. Securities and Exchange Commission (the “Commission”), strongly reaffirmed the guidance put forth by his agency in the last...more

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