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“Regulation by Enforcement” in the Digital Asset Industry: A Lagging Response to Stale Facts

The focus on enforcement has done little to clarify regulatory expectations regarding current facts and market practices. The Securities and Exchange Commission (SEC) has used and continues to use enforcement actions as...more

2022 Year in Review: Digital Currency and Blockchain Litigation and Enforcement Developments

Throughout a tumultuous 2022, the digital currency and blockchain space saw a number of significant investigation, litigation, and enforcement matters as regulators continue their laser focus on the industry. This Year in...more

White House Issues Crypto Executive Order: Appears to Acknowledge Crypto and Blockchain Are Critical and Here to Stay; Studies and...

On March 9, 2022, President Biden issued the Executive Order Ensuring Responsible Development of Digital Assets setting forth six principal policy objectives in furtherance of U.S. initiatives in the crypto and digital asset...more

SEC Proposes Rules That Could Regulate DeFi, Extend to Aspects of Centralized Crypto Exchanges

On January 26, 2022, the SEC proposed rule changes that would greatly expand the scope of Regulation ATS, the regulatory regime that governs alternative trading systems (“ATSs”). Applicability to the fixed income markets was...more

SEC Update: SEC Chair Gary Gensler before the Aspen Security Forum

In a speech before the Aspen Security Forum on August 3, 2021, SEC Chair Gary Gensler followed the lead of his predecessor and repeated the SEC’s view that current securities regulations are clear and almost all tokens are...more

SEC Complaint Against Ripple (XRP) And Possible Regulatory Signals Ahead For 2021

The U.S. Securities & Exchange Commission (“SEC”) filed a complaint against Ripple Labs, Inc. (“Ripple”) and two of its executives, Brad Garlinghouse and Chris Larsen, on December 22, 2020 in the U.S. District Court for the...more

SEC Commissioner Peirce Not Skating Around Her Views on Telegram Settlement

Never one to hold back, especially when it comes to crypto and blockchain matters, SEC Commissioner Peirce recently explained her views on the SEC’s settlement with Telegram and the agency’s approach to regulating the crypto...more

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