News & Analysis as of

Securities and Exchange Commission (SEC) Exchange-Traded Products

Vedder Price

SEC Approves Exchange Listings for Spot Ether ETPs

Vedder Price on

On May 23, 2024, the SEC approved exchange rule changes that will allow the listing and trading of a number of spot Ether exchange-traded products (ETPs). Ether is the second-largest cryptocurrency by market capitalization...more

Winstead PC

New Stock Exchange Set to Launch in Texas

Winstead PC on

For nearly 200 years after its inception in 1792, the New York Stock Exchange (“NYSE”) faced insignificant competition as the premier stock exchange within the United States. Then, alongside the technological surge of the...more

BCLP

SEC Adopts Expanded Exchange Act Dealer Rules: What Do the New SEC Rules Mean for DeFi?

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In March of 2022, the SEC proposed rules to include “any market participant that engages in activities as describe in the rules [as] a ‘dealer’ or ‘government securities dealer[.]’”...more

Proskauer - Regulatory & Compliance

SEC Answers Questions on New Tailored Shareholder Report Requirements

The staff of the Division of Investment Management (the “Staff”) has issued a FAQ pertaining to the rule and form amendments adopted by the Securities and Exchange Commission (the “SEC”) in October 2022, which require...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - January 2024 Updates

Congress continues to plug along on crypto policy. The Senate’s attention – on a bipartisan basis – has been focused on extending Anti-Money Laundering (AML) regulatory authority to the digital assets space. This continues to...more

Goodwin

SEC to Ban Exchange Volume-Based Pricing Tiers

Goodwin on

While the SEC meddling in industry pricing and other commercial matters is not a new phenomenon, a recent SEC proposal reflects an enhanced willingness by the agency to tightly grip the industry’s purse strings (and a slow...more

Seward & Kissel LLP

SEC Staff Issues FAQs On Tailored Shareholder Reports

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Who may be interested: Registered Investment Companies - Quick Take: The staff of the SEC’s Division of Investment Management (Staff) recently issued responses to frequently asked questions (FAQs) covering the SEC’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - February 2024

In this issue, we cover regulatory developments from the fourth quarter of 2023 impacting the investment management sector, including the use of shareholder rights plans as an alternative to state control share statutes....more

ArentFox Schiff

Groundbreaking SEC Decision Approves Spot Bitcoin ETP Trading

ArentFox Schiff on

The US Securities and Exchange Commission (SEC) recently issued a highly anticipated decision authorizing the listing and trading of spot Bitcoin exchange-traded products (ETPs) on national listing exchanges. The decision...more

Morrison & Foerster LLP

Don’t Get Too Excited, but the SEC Approved Bitcoin ETPs

On January 9, a hacker posted from the Securities and Exchange Commission’s (SEC) official X account. The post announced that the SEC had officially approved exchange-traded funds (ETFs) to hold spot bitcoin. Within 30...more

Latham & Watkins LLP

SEC Issues Omnibus Approval for Spot Bitcoin Exchange-Traded Products

Latham & Watkins LLP on

The SEC’s long-awaited green light for spot bitcoin ETPs is welcomed by the market, but the ambivalent decision raises more questions than it answers. On January 10, 2024, the Securities and Exchange Commission (SEC)...more

BCLP

At Long Last: What Crypto’s First Spot Etfs Mean for the Digital Asset Industry

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After years of denials, the SEC has finally approved its first Bitcoin spot ETFs. Reaching this point has involved legal battles, repeated reviews of applications, and much more....more

Proskauer - Regulatory & Compliance

SEC Approves Exchange Listing Applications for Spot Bitcoin ETPs

On January 10, 2024, the Securities and Exchange Commission (“SEC”) issued an order approving the applications of 11 different spot Bitcoin exchange‑traded products (the “Approved ETPs”) to each list and trade their shares on...more

Orrick, Herrington & Sutcliffe LLP

SEC approves Bitcoin use in 11 exchange-traded products

On January 10, the SEC issued an order approving 11 exchange-traded products (ETPs) holding Bitcoin to be publicly traded. According to the order, the SEC found that the proposed ETPs are consistent with the Securities...more

Katten Muchin Rosenman LLP

After Over a Decade of Rejections, SEC Approves 11 New Spot Bitcoin ETPs

Eleven spot bitcoin-based exchange-traded products (ETPs) were finally approved by the Securities and Exchange Commission (SEC) on January 10, 2024, after multiple such ETPs had been rejected by the SEC over the last ten...more

Robinson+Cole Data Privacy + Security Insider

SEC’s Hacked X Account Leads to Tumultuous Bitcoin Market

The Securities and Exchange Commission has confirmed that its X account “was compromised, and an unauthorized post was posted.” The SEC confirmed that it “has not approved the listing and trading of spot bitcoin...more

Foley & Lardner LLP

SEC Greenlights Bitcoin ETFs: What Happened and What It Portends

Foley & Lardner LLP on

On January 10, 2024, the U.S. Securities and Exchange Commission (SEC) approved the launch of several BTC Exchange-Traded Funds (ETFs).[1] The approval order resolves the critical legal and regulatory issues entailed in...more

Cadwalader, Wickersham & Taft LLP

Jurisdictional Boundaries Between CFTC Swaps and SEC Security-Based Swaps Clarified

On September 19, 2023, the jurisdictional boundaries between the regulation of swaps by the Commodity Futures Trading Commission (the “CFTC”) and the regulation of security-based swaps (“SBSs”) by the Securities and Exchange...more

Orrick, Herrington & Sutcliffe LLP

Congressmembers urge SEC’s Gensler to approve spot Bitcoin ETPs

On September 26, a group of bipartisan members from the House Financial Services Committee sent a letter to Gary Gensler, the Chair of the SEC, to promptly approve the listing of spot Bitcoin exchange-traded products (ETPs)....more

Jones Day

CFTC Lacks Jurisdiction Over TRS on ETFs and Custom Baskets

Jones Day on

In Short - The Situation: The civil action of the Commodity Futures Trading Commission ("CFTC") against Archegos Capital Management LP and its CFO is but one of many civil and criminal matters arising out of Archegos's...more

Latham & Watkins LLP

Grayscale Scores Provisional Win in Bid for Spot Bitcoin ETP

Latham & Watkins LLP on

An appeals court panel rules that the SEC rejection of a proposed spot bitcoin ETP was arbitrary and capricious, opening the door for the potential launch of numerous ETPs in the near future. On August 29, 2023, a...more

Dechert LLP

D.C. Circuit Finds SEC Acted “Arbitrarily and Capriciously” in Disapproving Proposed Bitcoin ETP

Dechert LLP on

The U.S. Court of Appeals for the D.C. Circuit (the “Court”) issued a major ruling against the Securities and Exchange Commission (“SEC”) on August 29, 2023, holding that the SEC acted arbitrarily and capriciously when it...more

Troutman Pepper

The SEC, Grayscale, and the Race for a Spot-Bitcoin ETF: An Inside Look at the APA’s “Arbitrary and Capricious” Standard

Troutman Pepper on

In the ever-evolving world of digital assets and law, Grayscale Investments, LLC (Grayscale) found itself at the pinnacle of a major decision by the Court of Appeals for the District of Columbia. On August 29, the court...more

Polsinelli

Blockchain+ Bi-Weekly - September 2023

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The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more

Jones Day

Grayscale Scores Win Against the SEC, but the Agency's Significant Market Test Remains Unaddressed

Jones Day on

The D.C. Circuit rebuked the U.S. Securities and Exchange Commission ("SEC") on administrative law grounds but left untouched the test the Agency used to deny proposed bitcoin exchange traded products ("ETP")....more

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