Last week, we published an OnPoint regarding the formation of a new Crypto Task Force (the “Task Force”) at the Securities and Exchange Commission. On Tuesday, February 4, 2025, SEC Commissioner Hester M. Peirce issued a...more
2/7/2025
/ Blockchain ,
Crypto Exchanges ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
FinTech ,
Investors ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The first week of the Trump administration saw notable developments in U.S. crypto regulation. The U.S. Securities and Exchange Commission created a new “Crypto Task Force,” rescinded controversial staff accounting guidance...more
1/31/2025
/ Artificial Intelligence ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
FinTech ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Stablecoins
The SEC’s Division of Examinations (EXAMS) published its report on 2025 Examination Priorities on October 21, 2024.
Areas such as artificial intelligence (AI), cybersecurity and crypto assets are top of mind for EXAMS,...more
11/5/2024
/ Artificial Impairment ,
Broker-Dealer ,
Conflicts of Interest ,
Cryptocurrency ,
Cybersecurity ,
Fees ,
Fiduciary Duty ,
Investment Adviser ,
Outsourcing ,
Private Funds ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)
The SEC has charged a leading developer on the Ethereum blockchain with engaging in the unregistered offer and sale of certain securities through a “liquid staking” program and with failing to register as a broker in...more
7/5/2024
/ Blockchain ,
Broker-Dealer ,
Cryptoassets ,
Cryptocurrency ,
Enforcement Actions ,
Ethereum ,
Investment Adviser ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Securities Violations ,
Software Developers ,
Unregistered Brokers ,
Unregistered Securities
The United States House of Representatives voted 279-136 to pass the Financial Innovation and Technology for the 21st Century Act (“FIT21”), on Wednesday, May 22, 2024. FIT21 is the first crypto-related legislation to clear...more
On Wednesday, March 9, President Biden issued an Executive Order entitled Ensuring Responsible Development of Digital Assets. The President’s order represents the first time that the White House has sought to develop a...more
4/5/2022
/ Biden Administration ,
Bitcoin ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Investment Contract ,
Investor Protection ,
Regulatory Agenda
Whether a cryptocurrency product is a security is an issue with serious regulatory consequences. In recent years, the Securities and Exchange Commission (“SEC”) has taken a broad position that various crypto assets are...more
11/19/2021
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Financial Instruments ,
Financial Markets ,
Howey ,
Investment Contract ,
Investment Opportunities ,
Popular ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
The CFTC’s Division of Enforcement (Division) released its Annual Report on November 25, 2019, summarizing the Division’s activities over the past year.1 In FY 2019, the CFTC filed 69 enforcement actions, down from 83 in FY...more
12/16/2019
/ Annual Reports ,
Bitcoin ,
CFTC ,
CFTC Enforcement Manual ,
Civil Monetary Penalty ,
Commodities ,
Cryptocurrency ,
Customer Protection Rule ,
Department of Justice (DOJ) ,
Derivatives ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Statistics ,
False Reporting ,
Fraud ,
Individual Accountability ,
Integrity Policies ,
Investor Protection ,
Market Manipulation ,
Risk Management ,
Self-Reporting ,
Spoofing ,
Swaps ,
Whistleblowers
This year’s examination priorities of the Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) were announced on February 6, 2018, and cover five broad, albeit...more
3/9/2018
/ Anti-Money Laundering ,
Budgets ,
Compliance ,
Cryptocurrency ,
Cybersecurity ,
Elder Issues ,
ETFs ,
Financial Industry Regulatory Authority (FINRA) ,
Incident Response Plans ,
Investor Protection ,
MSRB ,
Municipal Advisers ,
Mutual Funds ,
OCIE ,
Popular ,
Publicly-Traded Companies ,
Retail Investors ,
Risk Assessment ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On December 11, 2017, SEC Chairman Clayton issued an important public statement outlining his views on cryptocurrencies and ICOs. In his statement, Chairman Clayton provided a clearer view of the SEC’s stance and offered the...more