In a break from the typical acting agency chairman, Acting Commodity Futures Trading Commission ("CFTC") Chairman Caroline Pham has taken several significant actions, signaled several more, and set the agency on a path to...more
3/26/2025
/ Administrative Procedure Act ,
CFTC ,
Comment Period ,
Commodities ,
Digital Assets ,
Enforcement Actions ,
Fraud ,
Futures ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
President Trump signed an executive order ("EO") titled "Strengthening American Leadership in Digital Financial Technology" that signals a radical shift in the federal government's posture towards digital assets and the...more
The ruling that the SEC acted arbitrarily in denying Coinbase's crypto rulemaking petition, issued in the waning days of the Gensler-era SEC, invites swift action under an Atkins-led SEC....more
In Short -
The Situation: Decentralized finance ("DeFi") is a rapidly growing sector that, by definition, eschews centralized financial institutions altogether. Misconduct that has accompanied that growth has drawn the...more
In Short -
The Situation: Under the existing legal regimes, decentralized autonomous organizations ("DAO" or "DAOs") have been viewed as a way to hedge against regulatory action by way of a decentralized structure. The...more
President Biden's executive order calls for "whole-of-government" approach to studying risks and harnessing potential benefits of digital asset technologies.
On Wednesday, March 9, 2022, President Biden signed a...more
3/11/2022
/ AML/CFT ,
Biden Administration ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Digital Assets ,
Financial Crimes ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Investor Protection ,
Regulatory Agenda
The SEC's Proposal -
On January 26, 2022, the SEC released a rulemaking proposal that, among other things, would expand the definition of "exchange" under Rule 3b-16 of the Exchange Act. ...more
The digital asset industry has now met the regulatory state. Those interested in building digital asset businesses that operate in the United States thus need to be aware of a vital tool for resisting regulatory overreach by...more
12/13/2021
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
Financial Instruments ,
Financial Markets ,
Financial Services Industry ,
Financial Transactions ,
Investment Products ,
Regulatory Oversight ,
Regulatory Standards ,
Virtual Currency
As the global digital asset industry continues to grow, regulators worldwide have increased efforts to define and shape the legal landscape through various approaches. In the UAE, for example, the Financial Services...more
10/25/2021
/ Africa ,
Bitcoin ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Digital Currency ,
Disclosure Requirements ,
Enforcement Actions ,
Ether ,
Financial Markets ,
Investment ,
Middle East ,
Popular ,
Regulatory Agenda ,
Regulatory Oversight ,
Token Sales ,
United Arab Emirates (UAE)
SEC Chairman Gary Gensler suggests SEC will aggressively police crypto assets and decentralized finance ("DeFi") platforms while seeking expanded authority to regulate these fast-growing industries....more
8/10/2021
/ Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Gary Gensler ,
Initial Coin Offering (ICOs) ,
Policy Statement ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Unregistered Securities