BRAEDEN ANDERSON

Welcome to Anderson Insights.

We provide authoritative analysis on securities and commodities regulation, SEC and FINRA enforcement, and legal developments affecting crypto, digital assets, fintech, and financial services, authored by Braeden Anderson.

Please enjoy our legal writings. If you want to talk anything through, send Braeden an email.

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The full Anderson Insights archive is now searchable. Use the search bar to find past content by topic, agency, or keyword. Try searching: “SEC v. Jarkesy,” “ATS regulation,” “custody” or “digital assets”

K. Braeden Anderson 12/10/24 K. Braeden Anderson 12/10/24

Corporate Transparency Act on Pause Pending DOJ Appeal: What it Means for January 1 and Beyond

On December 5, 2024, the Department of Justice (DOJ), on behalf of the Department of the Treasury, filed a Notice of Appeal to the Fifth Circuit Court of Appeals, challenging the nationwide preliminary injunction halting the enforcement of the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements. The injunction, issued by the U.S. District Court for the Eastern District of Texas, has left companies wondering: What does this mean for compliance? What happens next? And how long will the uncertainty last?

K. Braeden Anderson 12/10/24 K. Braeden Anderson 12/10/24

Ex-Allianz Fund Manager Avoids Prison

The former Chief Investment Officer of Allianz Global Investors (AGI) and co-lead portfolio manager of the Structured Alpha funds, recently avoided prison despite pleading guilty to investment adviser fraud. The case, involving over $7 billion in losses for institutional investors, serves as a pivotal example of the risks and responsibilities in financial markets.

K. Braeden Anderson 12/9/24 K. Braeden Anderson 12/9/24

Reframing the Critiques of a U.S. Bitcoin Reserve: A Legal, Economic, and Strategic Analysis

The concept of the U.S. government establishing a Bitcoin reserve has been met with widespread skepticism. Bloomberg’s recent editorial, “Donald Trump’s Bitcoin Reserve Would Rip Off Taxpayers,” encapsulates the majority of critiques, which dismiss Bitcoin as speculative, a waste of taxpayer money, and an unnecessary risk to fiscal stability. These critiques, however, fail to account for the legal, economic, and strategic rationale underlying the proposal, as exemplified by the recently introduced BITCOIN Act of 2024.

K. Braeden Anderson 12/9/24 K. Braeden Anderson 12/9/24

What to Expect from SEC Chair Paul Atkins: Potential Reforms and Priorities

The nomination of Paul Atkins as Chair of the Securities and Exchange Commission (SEC) signals a new era for the agency. This article explores 13 potential reforms and priorities that could define Atkins’ leadership, based on his past positions, public statements, and the regulatory landscape he inherits.

K. Braeden Anderson 12/5/24 K. Braeden Anderson 12/5/24

Heightened SEC Scrutiny: Investment Advisers' MNPI Policies Under the Microscope

The Securities and Exchange Commission (SEC) is intensifying its scrutiny of investment advisers’ compliance programs, particularly concerning policies and procedures designed to prevent the misuse of material nonpublic information (MNPI). Recent enforcement actions reveal that even well-intentioned but inadequately tailored policies can fall short of regulatory expectations, underscoring the importance of aligning compliance efforts with the unique risks of an adviser’s business activities.

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Braeden Anderson

K. Braeden Anderson serves as a Partner at Gesmer Updegrove LLP, where he leads the firm’s Blockchain & Digital Assets and Securities Enforcement & Investigations practices. He also chairs Mackrell International’s Blockchain & Digital Assets Group and its Securities Enforcement & Investigations Group.

Named to Best Lawyers: Ones to Watch® in America (2025) for Financial Services Regulation Law and Securities Regulation, Mr. Anderson has built a national reputation as a securities regulatory and enforcement attorney operating at the intersection of traditional finance and emerging technologies. His practice focuses on advising financial institutions, fintech companies, investment advisers (including robo-advisors), broker-dealers, trading platforms, and digital asset companies in complex regulatory, enforcement, and compliance matters before the SEC, CFTC, FINRA, DOJ, and state regulators.

Within the digital asset and blockchain space, Mr. Anderson regularly counsels clients on issues involving market structure, tokenization, robo-advisor and broker-dealer registration, custody frameworks, AML and KYC obligations, and secondary trading considerations for regulated assets. His work spans both established financial institutions and early-stage ventures, helping clients operate within rapidly evolving regulatory environments with precision and strategic clarity.

Mr. Anderson also represents professional athletes and sports organizations in connection with regulatory and investigative matters requiring careful handling and discretion.

Prior to joining Gesmer, Mr. Anderson founded a Washington, D.C.-based law firm. He previously served as Assistant General Counsel at Robinhood Markets, Inc. (HOOD), where he advised on significant regulatory and enforcement matters. Earlier in his career, he practiced at Kirkland & Ellis LLP and Sidley Austin LLP in New York and Washington, D.C., representing clients in matters involving major federal enforcement authorities and providing regulatory advice on complex financial matters.

Mr. Anderson is an active contributor to the national conversation on securities and digital asset regulation. He publishes a widely followed weekly newsletter that has reached millions of legal and financial professionals and produces video content on YouTube for an audience of over 160,000 subscribers. He is also the editor of this legal publication, Anderson Insights, where he provides in-depth analysis for regulators, in-house counsel, and compliance professionals.

Mr. Anderson is also the creator of The Long Game with Braeden Anderson, a new digital series on YouTube exploring the intersection of golf, discipline, and high-performance thinking, featuring match-play conversations with legal executives and business leaders.

He was recently recognized as the most-read fintech thought leader in the United States in Mondaq’s Spring 2025 Thought Leadership Awards.