News & Analysis as of

Digital Assets Securities Regulation

Herbert Smith Freehills Kramer

Decoding Tokenisation: An introduction

In the rapidly expanding and evolving digital economy, tokenisation is primed to transform how we interact with assets. By creating digital representations of real-world assets on a distributed ledger, tokenisation promises...more

Katten Muchin Rosenman LLP

SEC Staff Green Lights Various Staking Activities

The Securities and Exchange Commission’s (SEC) Division of Corporation Finance released a statement articulating its position that certain cryptocurrency staking activities fall outside the federal securities laws. This...more

Jones Day

Crypto Staking: SEC Staff Clarifies Non-Security Status for Certain Protocol Activities

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A May 29, 2025, U.S. Securities and Exchange Commission ("SEC") Division of Corporation Finance statement explains that "Covered Crypto Assets"—crypto tokens without any inherent rights to passive income, business enterprise...more

BakerHostetler

Weekly Blockchain Blog - June 2025

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Digital Asset Companies Announce Partnerships, Integrations, Product Launches - A major U.S. cryptocurrency exchange recently announced that it has completed a “proof of reserves” (PoR) report covering the exchange’s...more

K&L Gates LLP

United States: SEC’s Division of Trading and Markets Issues Crypto Asset-Related FAQs (And Withdraws Previous Guidance)

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On 15 May 2025, the US Securities and Exchange Commission’s Division of Trading and Markets (Division) released Frequently Asked Questions (FAQs) clarifying how certain broker-dealer and transfer agency rules relate to crypto...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme l’autorisation d’une action collective contre une plateforme d’échange de cryptomonnaies

Dans sa décision rendue récemment dans l’affaire Lochan v. Binance Holdings Limited (en anglais) (l’« affaire Binance »), la Cour d’appel de l’Ontario (la « CAO ») a confirmé l’autorisation d’une action collective intentée au...more

Lowenstein Sandler LLP

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more

Cadwalader, Wickersham & Taft LLP

Rules in Motion, May 2025 - IOSCO Publishes Final Reports on Finfluencers, Online Imitative Trading Practices and Digital...

On May 19, 2025, the International Organization of Securities Commissions (“IOSCO”) published its Final Reports on Finfluencers, Online Imitative Trading Practices and Digital Engagement Practices (the “Reports”), as part of...more

Morgan Lewis

SEC Roundtable on Tokenization: Technology Meets Regulation in the Evolution of Capital Markets

Morgan Lewis on

The US Securities and Exchange Commission recently convened a public roundtable, Tokenization – Moving Assets Onchain: Where TradFi and DeFi Meet, the fourth in a five-part series hosted by its Crypto Task Force. The May 12...more

Paul Hastings LLP

SEC Chair Testifies That Digital Asset Regulation Is a Key Priority, Congress Advances Financial Reform Bills, and the CFTC...

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Recent legislative activity continued to shape the trajectory of U.S. crypto policy, even as Congress is out of session this week. Lawmakers advanced several financial reform bills before the recess, while federal regulators...more

Latham & Watkins LLP

LathamTECH in Focus: How Should Crypto Companies Be Thinking About New Laws?

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Builders and investors in the crypto space are seeing a wave of regulatory change around the world that could impact their businesses. In this episode of LathamTECH in Focus, Stephen Wink, Global Co-Chair of the Fintech...more

Troutman Pepper Locke

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

Troutman Pepper Locke on

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal...more

Skadden, Arps, Slate, Meagher & Flom LLP

House Bill on Digital Asset Market Structure Would Significantly Change SEC’s Jurisdiction

On May 5, 2025, several House committees jointly released a discussion draft of a bill to establish a regulatory framework for digital assets. Notably, this proposed Act would clarify the jurisdictional boundaries between the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – May 2025

Key Points - - The SEC’s Crypto Task Force acknowledges past hostility toward digital assets and aims to create more sensible regulations. - Tokenized securities face complex regulatory challenges, including compliance...more

Latham & Watkins LLP

The LathamTECH Podcast — Where Digital Assets Slot Into a Shifting Fintech Regulatory Landscape: Insights From the US, UK, and EU

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The global fintech industry finds itself experiencing a sea change. The US seems on the cusp of regulatory changes, as the Securities and Exchange Commission shifts its attitude toward digital assets under a new...more

Morgan Lewis

SEC Issues FAQs on Broker-Dealer Crypto Asset Activities, Transfer Agent Blockchain Use

Morgan Lewis on

The Staff of the Division of Trading and Markets of the US Securities and Exchange Commission issued on May 15, 2025 responses to Frequently Asked Questions Relating to Crypto Asset Activities and Distributed Ledger...more

Latham & Watkins LLP

SEC Staff Withdraws Statement on Broker-Dealer Custody of Digital Asset Securities and Issues Crypto FAQs

Latham & Watkins LLP on

The Staff’s most recent actions continue to set the stage for notice-and-comment rulemaking long-awaited by the digital asset industry....more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - May 22, 2025

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On May 21, Congressman Tom Emmer (R-Minn.) reintroduced the Blockchain Regulatory Certainty Act (BRCA), which aims to provide regulatory clarity and enhance blockchain development in the United States. Specifically, among...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: May 22, 2025

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The Polsinelli Blockchain+ team attended Consensus last week in Toronto, where a key takeaway was the increasing engagement by major traditional financial players with the blockchain industry, both through integrating the...more

NAVEX

Compliance Considerations for Shifting Enforcement Priorities in the Digital Asset Industry

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Consistent with the Trump administration’s shifting enforcement priorities, both the Department of Justice (DOJ) and the Commodity Futures Trading Commission (CFTC) announced they will be significantly scaling back on...more

WilmerHale

The First 100 Days and Beyond of the Trump 2.0 Administration: Crypto Developments Overview

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The Trump administration recently reached the 100-day mark, representing the end of a critical period for presidential administrations where major policies and goals are initially established....more

Morrison & Foerster LLP

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

ArentFox Schiff

NY Class Action Filed Against Nike Over Alleged NFT ‘Rug Pull’ and Unregistered Securities

ArentFox Schiff on

On April 25, purchasers of Nike non-fungible tokens (NFTs) filed a class action complaint in the US District Court for the Eastern District of New York against the sportswear giant alleging that the December 2024 shutdown of...more

DLA Piper

Blockchain and Digital Assets News and Trends – May 2025

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This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain...more

Mayer Brown Free Writings + Perspectives

SEC Division of Trading and Markets Releases FAQs on Crypto Asset Activities and Distributed Ledger Technology; 2019 Joint Staff...

On May 15, 2025, the staff of the Securities and Exchange Commission (“SEC”) Division of Trading and Markets (the “Staff”) published responses to certain frequently asked questions (“FAQs”) relating to crypto asset activities...more

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