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March 2026 Investment Adviser Compliance Checklist

The Investment Advisers Act of 1940 (the “Advisers Act”) is a relatively compact statute, and for many years the U.S. Securities and Exchange Commission (SEC) adopted relatively few regulations specifically targeting Advisers...more

MoFo's Financial Markets & Innovation - March 6 2026

Please see below for this week’s Financial Markets & Innovation Weekly Update from Morrison Foerster, tracking how digital asset firms, regulators, and policymakers are shaping the future of financial markets. Covering...more

MoFo's Financial Markets & Innovation

On February 19, a U.S. District Judge ruled that certain sports events contracts are swaps in a case regarding a potential enforcement action with Kalshi. In a memo granting Kalshi’s motion for a preliminary injunction, the...more

MoFo's Markets & Innovation

On February 12, the CFTC announced the members of the Innovation Advisory Committee, which was created to help the Commission stay up to date on how innovations such as AI and blockchain influence derivatives and commodity...more

SEC and CFTC Announce Joint “Project Crypto” Initiative and Signal Coordinated Regulatory Push for Digital Asset Markets

On January 30, 2026, Securities and Exchange Commission (SEC) Chair Paul Atkins and Commodity Futures Trading Commission (CFTC) Chair Michael Selig announced that Project Crypto—previously an SEC-led initiative—will proceed...more

SEC Staff Statement on Tokenized Securities – Innovation as a Regulated Evolution

On January 28, 2026, the SEC’s Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets (collectively, the “Division Staff”) issued a joint statement outlining their views on the...more

U.S. SEC Staff Issues Long-Awaited Crypto Asset Securities Guidance for Carrying Broker-Dealers

Overview of the SEC Staff Guidance- On December 17, 2025, the staff of the SEC’s Division of Trading and Markets (the, “Staff”) issued a statement, expressly limited in scope, regarding how broker-dealers that carry...more

U.S. SEC Further Delays Compliance Dates for Institutional Money Manager Short Sale and Securities Lending Reporting Rules

On December 3, 2025, the United States Securities and Exchange Commission (SEC) issued an exemptive order (the “Order”) further delaying the implementation and compliance for short-sale and securities-lending reporting rules...more

CFTC Announces Launch of First Leveraged Spot Cryptocurrency Listed on a CFTC-Regulated Exchange

On December 4, 2025, the Commodity Futures Trading Commission (CFTC) announced the upcoming launch of the first leveraged spot cryptocurrency product to be listed on a CFTC-regulated exchange, Bitnomial Exchange, LLC...more

SEC Staff Issues Relief for Registered Representatives Using Unregistered PSEs to Receive Transaction-Based Compensation

On November 17, 2025, the staff of the Division of Trading and Markets (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) issued no-action relief allowing for registered representatives associated with...more

SEC Chairman Atkins Outlines Priorities Under “Project Crypto”

On November 12, 2025, SEC Chairman Paul Atkins delivered remarks outlining the SEC’s ongoing work under “Project Crypto,” a regulatory initiative launched earlier this year to encourage crypto asset innovation and clarify how...more

SEC Staff Issues No-Action Relief for DePIN DoubleZero Foundation

On September 29, 2025, the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) granted no-action relief to DoubleZero Foundation from the registration requirements of Section 5...more

U.S. SEC Relaxes CAT Requirements

On September 30, 2025, the U.S. Securities and Exchange Commission (SEC) issued an order (the Order) granting conditional exemptive relief related to certain requirements of the National Market System Plan governing the...more

Automated System Monitoring Failures Lead to $1 Million FINRA Fine

FINRA’s recent settlement with member Velocity Clearing, LLC spotlights supervisory priorities, serving as another reminder that even amid shifting SEC priorities and resource allocation, FINRA continues to impose significant...more

SEC Staff Provides Important Custody-Related Regulatory Relief for Registered Investment Advisers and Regulated Funds

On September 30, 2025, the SEC Staff of the Division of Investment Management (the “Staff”) issued a no-action letter (the “Letter”) that clarifies how SEC-registered investment advisers (“RIAs”), registered investment...more

SEC and CFTC Invite Crypto Innovation and Announce Joint Roundtable

On September 2, 2025, the Divisions issued a joint statement announcing a cross-agency initiative to coordinate efforts regarding the process for enabling the trading of certain spot crypto asset products. This initiative is...more

CFTC Staff Issue Advisory for Non-U.S. Trading Platforms to Onshore Trading Activity

On August 28, 2025, the staff of the Division of Market Oversight (CFTC Staff) of the Commodity Futures Trading Commission (CFTC) issued Staff Advisory Letter No. 25–27 (Staff Advisory). The Staff Advisory reaffirms and...more

Key Takeaways from the White House Crypto Report

On July 30, 2025, the White House released a 166-page report titled “Strengthening American Leadership in Digital Financial Technology” (the “Report”).[1] Authored by a working group of cabinet members and federal agency...more

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

SEC Staff Offers Guidance on Disclosure Requirements for Crypto Asset Exchange-Traded Products

On July 1, 2025, the Staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) released new guidance on disclosure requirements for offerings and registrations of...more

The GENIUS Act: A New Federal Regulatory Framework for Payment Stablecoins

On July 18, 2025, President Trump signed into law S. 1582, the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act” or the “Act”). The Act covers payment stablecoins[1]—a relatively new form...more

U.S. SEC Extends Compliance Deadline for Recent Amendments to the Customer Protection Rule

On June 25, 2025, the U.S. Securities and Exchange Commission (SEC) voted to extend the compliance deadline for recent amendments to Exchange Act Rule 15c3-3 (the “Customer Protection Rule”) to June 30, 2026. The amendments,...more

SEC Concludes Certain Protocol Staking Activities Are Not Securities Offerings

On May 29, 2025, the Staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) issued a statement[1] (the “Staking Statement”) concluding that certain protocol staking...more

Charting a New Course for Digital Asset Securities

On May 15, 2025, the Division of Trading and Markets (the “Division”) of the U.S. Securities and Exchange Commission (SEC) and the Office of General Counsel of the Financial Industry Regulatory Authority, Inc. (FINRA)...more

U.S. SEC Considers Conditional Exemption for Tokenized Securities

On May 8, 2025, SEC Commissioner Hester Peirce delivered a speech at the SEC’s 31st International Institute for Securities Market Growth and Development in Washington, D.C. In her speech, Commissioner Peirce underscored the...more

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