News & Analysis as of

Digital Assets FinTech Risk Management

Skadden, Arps, Slate, Meagher & Flom LLP

Cybersecurity Trends in the Digital Asset Space

After years of regulatory uncertainty, the Trump administration has signaled a new approach to digital assets, including by establishing a working group focused on digital assets and nominating crypto-friendly chairs to the...more

Conyers

Regulatory Update: Cayman Islands VASP Licensing Regime Now in Effect

Conyers on

The Cayman Islands Government has taken a significant step in the regulation of virtual asset service providers (VASPs) with the commencement of the licensing regime under the Virtual Asset (Service Providers) Act (as...more

Patomak Global Partners

FDIC Highlights Policy Priorities Impacting FinTechs and Large Banks

In April 2025, Federal Deposit Insurance Corporation (FDIC) Acting Chairman Travis Hill announced that the FDIC is focused on four key policy areas: de novo bank formation, digital assets and blockchain activities, resolution...more

Walkers

The BMA invites proposals to test Embedded Supervision in DeFi

Walkers on

The Bermuda Monetary Authority ("BMA") has issued an invite for proposals from voluntary participants to take part in a pilot project aimed at testing Embedded Supervision practices within the context of DeFi. Embedded...more

Sheppard Mullin Richter & Hampton LLP

OCC Signals Shift on Crypto and Debanking Under Acting Comptroller Hood 

On March 18, Acting Comptroller of the Currency Rodney Hood reiterated the OCC’s commitment to ensuring fair access to banking services, including for cryptocurrency firms. Speaking at a retail banking industry conference,...more

Ballard Spahr LLP

Crypto Clarity: OCC’s New Guidelines Pave the Way for Banking Innovation

Ballard Spahr LLP on

On March 7, 2025, the Office of the Comptroller of the Currency (“OCC”) released Interpretive Letter 1183, marking a pivotal change in regulatory guidance for national banks and federal savings associations engaging in...more

A&O Shearman

IOSCO publishes 2025 Work Program

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The International Organization of Securities Commissions (IOSCO) has published its 2025 Work Program, setting out its ongoing and planned initiatives for 2025. These include: (i) prioritising issues related to non-bank...more

Wilson Sonsini Goodrich & Rosati

A Crypto-Friendly Pivot in Bank Supervision: Three Practical Action Items for Innovators

A federal banking agency, the Office of the Comptroller of the Currency (OCC), has smoothed the way for national banks and federal savings associations to engage in crypto-related activities with the issuance of Interpretive...more

Walkers

Enhanced Cayman Islands licensing framework for virtual asset custody providers and trading platform operators takes effect from 1...

Walkers on

With effect from 1 April 2025, the licensing regime under the VASP Act will be implemented, requiring those providing virtual asset custody services or operating virtual asset trading platforms to obtain a licence under the...more

A&O Shearman

ESAs publish guidelines on the standardised test for crypto-assets and templates for explanations and opinions under MiCAR

A&O Shearman on

The European Supervisory Authorities (ESAs) have published guidelines on: (i) a common approach for the regulatory classification of crypto-assets under the Markets in Crypto-asset Regulation (MiCAR); and (ii) templates for...more

Troutman Pepper Locke

OCC Clarifies Bank Authority to Engage in Certain Cryptocurrency Activities

Troutman Pepper Locke on

On March 7, the Office of the Comptroller of the Currency (OCC) issued a significant update regarding the involvement of national banks and federal savings associations in cryptocurrency activities. Interpretive Letter 1183...more

A&O Shearman

EC adopts Delegated Regulations on RTS under MiCAR

A&O Shearman on

The European Commission has adopted a number of Commission Delegated Regulations supplementing the Markets in Crypto-Assets Regulation (MiCAR): - Commission Delegated Regulation (C(2025)1206) adopted in accordance with...more

A&O Shearman

ESMA guidelines on maintenance of systems and security access protocols under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published official translations of the guidelines on the maintenance of systems and security access protocols for offerors and persons seeking admission to trading of...more

Davis Wright Tremaine LLP

OCC Rescinds Required Supervisory "Non-Objection" Preclearance for Permissible Crypto-Related Activities

The OCC has reiterated that certain crypto-related activities—crypto-asset custody, distributed ledger, and stablecoin activities—previously determined to be permissible remain so. The OCC has also rescinded a Biden-era...more

Latham & Watkins LLP

Competing Stablecoin Bills Reflect Consensus and Divergence on Key Issues

Latham & Watkins LLP on

Stablecoin regulation is a top priority for lawmakers, and three recent proposals reflect differing perspectives on how to achieve regulatory clarity while balancing safety and innovation....more

Miller Nash LLP

Article 12: Perfection of Security Interests in Controllable Electronic Records

Miller Nash LLP on

It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in...more

A&O Shearman

Wolfsberg Group FAQs to help assess risks generated by the emergence of digital assets for AML and CTF purposes

A&O Shearman on

The Wolfsberg Group has published FAQs on defining digital assets. The FAQs propose definitions to be used by financial institutions, policymakers, supervisors and regulators to understand the characteristics of digital...more

Conyers

VASP FAQs: Key Information for Cayman Islands Virtual Asset Service Providers

Conyers on

The VASP Act defines “Virtual Assets” as digital representations of value that can be digitally traded or transferred and can be used for payment or investment purposes. Digital representations of fiat currencies (which is...more

Katten Muchin Rosenman LLP

A More Business-Friendly Approach to Innovation, Risk Management and Derivatives Regulation: What to Expect From Incoming CFTC...

President Donald Trump's nomination of Brian D. Quintenz to serve as Chairman of the Commodity Futures Trading Commission (CFTC or Commission) portends a potential shift towards a more business-friendly regulatory approach to...more

J.S. Held

2025 J.S. Held Global Risk Report: The Rise of Crypto & Digital Assets

J.S. Held on

While the cryptocurrency industry is still relatively young, its adoption by various economic sectors and the evolution of the technology itself is growing, along with the tokenization of assets, AI-powered smart contracts,...more

Cadwalader, Wickersham & Taft LLP

SEC Rescinds Crypto Interpretive Guidance That Has Hamstrung Industry

Effective January 30, the Securities & Exchange Commission ("SEC") rescinded the Staff Accounting Bulleting ("SAB") that has made engaging in crypto-related activities so perilous over the last couple of years, SAB-121,...more

Kilpatrick

Roadmap for Changes to Bank Regulation Under the Trump Administration Begins to Emerge

Kilpatrick on

While the Trump Administration’s approach to bank regulation has been the subject of much speculation, specific proposals have yet to emerge, and the administration has yet to name key personnel in the regulatory agencies. ...more

Wilson Sonsini Goodrich & Rosati

Payments Playbook Series: Crypto Payments Playbook

As payments innovation continues to accelerate, Wilson Sonsini is publishing a series of pragmatic playbooks to help companies navigate the legal complexities in the highly regulated payments space. In this new installment,...more

Holland & Knight LLP

President Trump Signs Executive Order on Digital Assets

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President Donald Trump signed an executive order (EO) on Jan. 23, 2025, titled Strengthening American Leadership in Digital Financial Technology. The EO focuses on promoting U.S. leadership in blockchain, digital assets and...more

Troutman Pepper Locke

FDIC Acting Chairman Hill Outlines Near-Term Policy Direction

Troutman Pepper Locke on

On January 20, Travis Hill became the Acting Chairman of the Federal Deposit Insurance Corporation (FDIC). Following his remarks on FDIC policy issues on January 10 at the American Bankers Association, in his first statement...more

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