News & Analysis as of

Cryptocurrency Digital Assets

A&O Shearman

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

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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

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

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

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

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...

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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

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

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

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

Katten Muchin Rosenman LLP

Can There be Only One? The CFTC Faces an Unprecedented Moment with Potentially One Commissioner

As commissioners continue to depart, the Commodity Futures Trading Commission (CFTC or Commission) may soon find itself in an unprecedented situation - operating with only one sitting commissioner. While the Commission has...more

Jones Day

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

Jones Day on

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

Whiteford

Client Alert: The GENIUS Act: A Compliance Roadmap for Stablecoin Issuers in 2025

Whiteford on

In April 2025, the Senate Banking Committee voted to advance the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act, a landmark bill introduced by Senator Bill Hagerty to regulate the $180 billion...more

Carey Olsen

Fraud, Asset Tracing and Recovery 2025 - British Virgin Islands (Commercial Dispute Resolution, CDR)

Carey Olsen on

This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a...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)

K&L Gates LLP on

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

Jackson Lewis P.C.

Cryptocurrency in 401(k): A Balanced Approach Returns

Jackson Lewis P.C. on

On May 28, 2025, the DOL released Compliance Assistance Release No. 2025-01. The 2025 CAR rescinds the DOL’s previous Compliance Assistance Release No. 2022-01 (2022 CAR), issued in 2022, which indicated an unfavorable DOL...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

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