News & Analysis as of

Cryptocurrency

A&O Shearman

Crypto in and ESG out—DOL changes to 401(k) plan governance

A&O Shearman on

The U.S. Department of Labor (DOL) recently announced two significant changes to 401(k) plan investments, signaling an increase in latitude for fiduciaries who wish to make available cryptocurrency investments in their plans...more

Skadden, Arps, Slate, Meagher & Flom LLP

House Introduces Digital Asset Market Structure Legislation, Building on Discussion Draft

On May 5, 2025, several House committees jointly introduced a discussion draft for a bill that would establish a regulatory framework for digital assets. On May 29, House Financial Services Committee Chairman French Hill,...more

Mayer Brown Free Writings + Perspectives

SEC Division of Corporation Finance Statement on Certain Protocol Staking Activities

On May 29, 2025, the staff (“Staff”) of the Division of Corporation Finance of the U.S. Securities and Exchange Commission continued its recent pattern of issuing Staff guidance addressing cryptocurrency. The May 29 Staff...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: June 5, 2025

Polsinelli on

The most important development of the last two weeks is likely the release of a revised bipartisan digital asset market structure bill in Congress, which now gives real momentum to the possibility of comprehensive...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK FCA Publishes Consultation Paper on Stablecoin Issuance and Cryptoasset Custody in the UK

Following the publication by HM Treasury of the draft legislation establishing a financial services regulatory regime for cryptoassets in the UK, on 28 May 2025 the UK Financial Conduct Authority (FCA) published Consultation...more

Sheppard Mullin Richter & Hampton LLP

California Assembly Advances Bill to Permit Crypto Payments under DFAL

On June 2, the California State Assembly unanimously passed Assembly Bill 1180, which now moves to the California Senate for consideration. The bill would require the Department of Financial Protection and Innovation (DFPI)...more

Paul Hastings LLP

CLARITY Act Unveiled, SEC Issues Staking Guidance and 401(k) Crypto Ban Reversed

Paul Hastings LLP on

This week’s tracker covers several significant developments in crypto policy. Lawmakers released a new draft of the CLARITY Act, a market structure bill that would expand the CFTC’s role and clarify how digital assets are...more

Troutman Pepper Locke

FOIA Litigation Unveils Important Supervisory Insights and Needed Reform

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Following the Freedom of Information Act (FOIA) litigation brought against the Federal Deposit Insurance Corporation (FDIC) in 2024, on February 5, 2025, the FDIC released hundreds of pages of documents related to its...more

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (6/4)

Cozen O'Connor on

With electric prices going up, advocates tried — and failed — to reform the energy sector - “Heading into the end of the legislative session, consumer advocates, renewable energy industry groups and environmental advocates...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - June 5, 2025

House Introduces Bipartisan Bill To Clarify Crypto Regulation - On May 29, a bipartisan group of lawmakers, led by House Committee on Financial Services Chairman French Hill (R-Ark.), introduced the Digital Asset Market...more

Parker Poe Adams & Bernstein LLP

Labor Department Shifts Positions on ESG Investments and Cryptocurrencies in 401(k) Plans

As anticipated, the Department of Labor (DOL) recently changed its position with respect to certain investment choices that 401(k) plan fiduciaries sometimes consider or make available to plan participants, including...more

Walkers

Key considerations for Guernsey trustees when dealing with cryptoassets

Walkers on

The world of cryptoassets continue to evolve at a breathtaking pace, with cryptocurrencies such as Bitcoin and Ether reaching unprecedented heights and capturing the attention of HNWIs. Recent surges in the value of these...more

Seward & Kissel LLP

What We Have Here Is a Success to Communicate: SEC Releases FAQs for BDs and Transfer Agents Relating to Crypto Asset Activities...

Seward & Kissel LLP on

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

A&O Shearman

FCA consults on stablecoin issuance and custody of cryptoassets

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/14 (CP) on stablecoin issuance and cryptoasset custody, accompanied by an updated webpage. This follows the FCA's discussion paper published in...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2025

The FDIC and OCC have rescinded policy statements adopted in 2024 that changed the ways each agency considered bank merger transactions and have reinstated their prior procedures for evaluating bank mergers. The FDIC on May...more

A&O Shearman

FCA consults on proposed prudential regime for cryptoasset firms

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/15 on its proposed prudential regime for cryptoasset firms, also accompanied by an updated webpage. This is intended to be read together with...more

Carlton Fields

No Consensus: Pros and Cons of a Strategic Digital Asset Reserve

Carlton Fields on

With bitcoin hitting its all-time high of $112,000 in May 2025, and President Trump’s ongoing vocal support for cryptocurrency, it is worth examining the establishment of a strategic digital asset reserve. Executive Order...more

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

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: June 1, 2025

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

BCLP

Hong Kong Stablecoins Bill passed by LegCo

BCLP on

Stablecoins are cryptocurrencies with values tied to fiat currencies or other assets, and are often said to be “pegged to” a single or a basket of fiat currents and/or other assets....more

Fenwick & West LLP

SEC Staff Statement Concludes Protocol Staking Is Not a Securities Transaction

Fenwick & West LLP on

On May 29, 2025, the SEC’s Division of Corporation Finance (Corp Fin) released a Statement on Certain Protocol Staking Activities clarifying that certain crypto asset staking activities on proof-of-stake (PoS) blockchain...more

Jones Day

Congress Introduces CLARITY Act to Establish Digital Asset Regulatory Framework

Jones Day on

U.S. House lawmakers introduced the bipartisan CLARITY Act of 2025 proposing a comprehensive regulatory framework for digital assets that would delineate agencies' oversight roles, establish a provisional registration regime...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – June 2025

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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

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - June 3, 2025

Morrison Foerster’s State and Local Government Enforcement team is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (“State AGs”)...more

Hogan Lovells

Threat actors increasingly introducing malicious code into open source packages

Hogan Lovells on

The risks associated with leveraging open source libraries, and the review needed, are increasing. In the first half of 2025, cybersecurity researchers observed a sharp rise in the incidence of malicious code embedded in...more

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