On April 10, 2025, the SEC’s Division of Corporation Finance issued a nonbinding statement explaining the general application of existing disclosure requirements under the federal securities laws to crypto asset offerings, and provided example disclosures under certain requirements. The statement provided the following guidance concerning disclosures in crypto asset offering documents.

Description of Business. Regarding…

In a recent statement, the SEC’s Division of Corporation Finance determined that certain types of stablecoins, specifically those designed to maintain a stable value relative to the U.S. dollar and backed by low-risk, liquid assets, do not constitute securities. …
Continue Reading SEC Clarifies Stance on Reserve-Backed Stablecoins

On April 7, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum titled “Ending Regulation by Prosecution” (Blanche Memo), outlining a new Department of Justice approach to digital asset enforcement.…

Continue Reading Justice Department Issues Memorandum Realigning DOJ’s Crypto Enforcement Efforts

On March 20, 2025, the U.S. Securities and Exchange Commission took a step towards clarifying its position on crypto mining activities. In a recent statement, the SEC’s Division of Corporation Finance provided non-binding guidance on the application of federal securities laws to proof-of-work (PoW) mining activities, stating that such activities are beyond the SEC’s purview. …
Continue Reading SEC Staff Clarifies Stance on Crypto Mining

This blog post highlights key trends in futures and derivatives for 2025, including regulatory changes promoting digital assets, increased integration of crypto with traditional finance, the adoption of DeFi protocols, potential tax and legal reforms, and efforts to harmonize global regulatory standards.
Continue Reading 5 Trends to Watch: 2025 Futures & Derivatives

The SEC rescinded its cryptocurrency accounting guidance, Staff Accounting Bulletin (SAB) 121, on Jan. 23, 2025. Issued in March 2022, SAB 121 required crypto custodians to record digital assets held for customers as liabilities on their balance sheets. Some industry participants and lawmakers expressed concerns that the guidance could impact regulated entities’ willingness to offer…

On Nov. 26, 2024, in what has been deemed a win for open-source technology, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s ruling in Van Loon v. United States Dep’t of the Treasury, holding that OFAC overstepped its authority under IEEPA when it sanctioned Tornado Cash in 2022.

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With new rules under Regulation (EU) 2023/1114 on Markets in Crypto-Assets (Markets in Crypto-Assets Regulation – MiCA), virtual asset service providers operating in Europe are looking for favorable jurisdictions to establish their EU operations and the opportunity to passport their MiCA license in all EU Member States.

The analysis of the national transitional regimes plays…

May 23, 2024, the SEC approved the first investment products linked to the price of Ether for listing and trading on three exchanges, following approval of the first Bitcoin ETFs earlier this year. Ether, the cryptocurrency tied to the Ethereum blockchain, is the next most widely held cryptocurrency after Bitcoin. ETFs, or exchange traded funds, are…