News & Analysis as of

Securities and Exchange Commission (SEC) Digital Assets FinTech

A&O Shearman

SEC staff takes a position on the securities status of protocol staking activities

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On May 29, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that certain proof-of-stake blockchain “staking” activities do not involve the offer or sale of “securities”...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

Morgan Lewis

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

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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

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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

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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

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

Goodwin

Crypto Regulatory Framework Begins to Take Shape in Congress

Goodwin on

The discussion draft of a new crypto market infrastructure bill proposes a new regulatory framework based on shared jurisdiction between the CFTC and SEC, expanded CFTC authority, and new SEC exemptions for token sales and...more

Morrison & Foerster LLP

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

BakerHostetler

Weekly Blockchain Blog - May 2025 #2

BakerHostetler on

U.S. Fintech Companies Announce Stablecoin Initiatives - Several major U.S. fintech companies recently announced stablecoin initiatives. In one development, Mesh, a Dubai-based digital asset startup, announced that it has...more

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

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - May 1, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters...more

Eversheds Sutherland (US) LLP

SEC Chairman Atkins champions crypto innovation

On Friday, April 25, 2025, newly sworn in SEC Chairman Paul S. Atkins spoke for the first time in his new role at the SEC’s third roundtable in its series discussing crypto asset regulation called Know Your Custodian: Key...more

Wilson Sonsini Goodrich & Rosati

SEC’s Division of Corporation Finance Issues Views on Disclosure for Securities in Crypto Asset Markets

On April 10, 2025, the SEC’s Division of Corporation Finance (Corp Fin) issued a statement expressing its views about the application of certain disclosure requirements under the federal securities laws to offerings and...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2025

The Federal Reserve has announced multiple decisions to rescind existing requirements for crypto-asset activities. The April 24 announcement included the rescission of a 2022 supervisory letter that required state member...more

BakerHostetler

Weekly Blockchain Blog - April 2025 #4

BakerHostetler on

Companies Announce Digital Asset Payment Networks - The issuer of the USDC stablecoin recently published a white paper outlining its plans to launch “CPN,” a new payments network that aims to “bring[] financial institutions...more

Latham & Watkins LLP

SEC Staff Clarifies That Certain Dollar-Backed Stablecoins Do Not Implicate the Securities Laws

Latham & Watkins LLP on

The Staff noted that a stablecoin generally is not subject to SEC jurisdiction if it is not an investment and used solely for commercial activity....more

Sheppard Mullin Richter & Hampton LLP

Digital Dollars, Not Investments: SEC Staff Weighs in on Stablecoins

On April 4, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued a statement clarifying that reserve-backed U.S. dollar stablecoins are not securities, at least under current law and...more

DLA Piper

SEC Staff Observations on Compliance with Disclosure Requirements in Offerings and Registrations of Securities in the Crypto Asset...

DLA Piper on

On April 10, 2025, the staff of the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement (Staff Statement) expressing its observations regarding certain disclosure requirements...more

King & Spalding

Recent Actions by the SEC Related to Digital Assets

King & Spalding on

Two recent actions by the SEC show the agency is already acting on President Trump’s support for digital assets. In January, a Crypto Task Force to promote innovation was formed. Our Fintech lawyers outline the scope and...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – April 2025 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Stinson - Corporate & Securities Law Blog

SEC Staff Speaks to Stablecoins

The SEC staff has promulgated new views on stablecoins.   Specifically, the staff statement addresses stablecoins that are designed to maintain a stable value relative to the United States Dollar, or “USD,” on a one-for-one...more

Vedder Price

SEC Forms Cryptocurrency Task Force and Cyber and Emerging Technologies Unit

Vedder Price on

Since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including through the formation of a...more

DLA Piper

Blockchain and Digital Assets News and Trends – March 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

BakerHostetler

Weekly Blockchain Blog - March 2025 #4

BakerHostetler on

Digital Asset Companies Announce Strategic Acquisitions - According to a recent press release, a major U.S. cryptocurrency exchange has entered into an agreement to acquire NinjaTrader, a U.S. retail futures trading...more

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