- Establishes a five-part token taxonomy of cryptoassets comprising digital commodities, digital collectibles, digital tools, stablecoins,
SEC Clarifies the Application of the Securities Laws to Cryptoassets
What the CFTC’s New No-Action Relief Really Means for Self-Custody Crypto Wallets
- The relief is a meaningful and incremental expansion on existing CFTC staff no-action relief on passive technology service provider and independent software vendor activities.
- While the no-action relief is specific to Phantom and is not issued as wide-spread market relief, it provides insight
SEC and CFTC Sign Landmark Memorandum of Understanding on Regulatory Harmonization
- The agencies plan to clarify product definitions and oversight through joint interpretations and rulemakings, including a fit-for-purpose regulatory framework for cryptoassets and other emerging technologies.
- The agencies
SEC and CFTC Announce Harmonization Initiative and New Crypto Developments
The agencies pledge to “usher in a new era of innovation” through a collaboration on rules and exemptions that aims to provide digital asset markets with clarity.
By Stephen P. Wink, Zachary Fallon, Yvette D. Valdez, Douglas K. Yatter, Jenny Cieplak, Adam Bruce Fovent, and Deric Behar
The SEC’s Project Crypto and the CFTC’s Crypto Sprint were launched over the summer to implement the recommendations of the President’s Working Group on Digital Asset Markets
SEC and CFTC Launch Crypto Initiatives to Revamp Regulations and Promote Innovation
As the SEC unveils a strategic plan to modernize securities regulations and drive US leadership in blockchain integration within financial markets, the CFTC launches a corresponding “crypto sprint.”
By Stephen P. Wink, Zachary Fallon, Yvette D. Valdez, Douglas K. Yatter, Jenny Cieplak, Adam Bruce Fovent, Daphne Lambadariou, Connor Jobes, and Deric Behar
On July 31, 2025, Securities and Exchange Commission (SEC) Chair Paul Atkins delivered a significant digital asset policy speech at
The CLARITY Act, Treasury Companies, and the (Digital) Commodity Pool
Considerations on the proposed expansion of CFTC commodity pool regulation.
By Yvette D. Valdez, Adam Fovent, and Mia Stefanou
On July 17, 2025, the House of Representatives passed the Digital Asset Market Clarity Act of 2025 (the CLARITY Act). This pivotal legislation introduces a comprehensive regulatory framework for the digital asset sector and is now awaiting consideration in the Senate. The House passed this bill during what Republican lawmakers called “Crypto Week,” which included the landmark signing of
The GENIUS Act of 2025: Stablecoin Legislation Adopted in the US
The statute’s new regulatory framework for payment stablecoins paves the way for increased digital asset adoption and innovation.
On July 18, 2025, President Trump signed into law the Guiding and Establishing National Innovation for US Stablecoins Act (the GENIUS Act), legislation that establishes a regulatory framework for payment stablecoins. It is the first federal legislation on digital assets to be enacted since President Trump issued an executive order aiming to make the US the “crypto capital of the world.”
First
President Trump Issues Executive Order on Digital Assets
With its pro-crypto stance and urgent posture, the executive order promises to make the US the “crypto capital of the planet.”
By Jenny Cieplak, Zachary Fallon, Arthur Long, Yvette D. Valdez, Stephen P. Wink, Douglas K. Yatter, and Deric Behar
On January 23, 2025, President Trump issued a highly anticipated executive order on digital assets titled “Strengthening American Leadership in Digital Financial Technology” (the Order). The Order asserts at the outset that the digital asset industry is critical for US innovation, economic development, and international leadership. It further undertakes “to support the responsible growth and use of digital assets, blockchain technology, and related technologies across all sectors of the economy. …”
Highlights of the Order are outlined below.
On the Margins: CFTC’s Digital Asset Markets Subcommittee Recommends Expanded Use of Non-Cash Collateral Through Blockchain Technology
With appropriate safeguards, distributed ledger technology may expand the use of non-cash assets as derivatives collateral, while mitigating certain market infrastructure inefficiencies.
By Yvette D. Valdez, Adam Bruce Fovent, and Deric Behar
On November 21, 2024, the Digital Asset Markets Subcommittee (the Subcommittee) of the Commodity Futures Trading Commission’s (CFTC) Global Markets Advisory Committee (GMAC) issued a report (the Report) that recommended expanding the use of non-cash collateral in derivatives markets through distributed ledger technology (DLT).
In the
US Supreme Court Curtails Agency Power: Implications for Fintech and Crypto
Recent Supreme Court administrative law rulings change the power dynamic between the executive and the judiciary in critical areas of statutory interpretation, enforcement, and immunity from legal challenge.
By Jenny Cieplak, Arthur S. Long, Nima H. Mohebbi, Benjamin A. Naftalis, Marlon Q. Paz, Yvette D. Valdez, Stephen P. Wink, Douglas K. Yatter, Adam Fovent, and Deric Behar
The 2023-2024 US Supreme Court session has concluded the term with a series of