Securities Enforcement. Corporate Investigations. Financial Regulation.
Independent analysis of the laws, regulations, investigations, and enforcement actions shaping modern financial markets.
BRAEDEN ANDERSON
Braeden is one of the top securities lawyers in the country and was recognized by Best Lawyers: Ones to Watch® in America in the Financial Services Regulation Law and Securities Regulation categories. This honor is awarded to only the top 2% of attorneys in the United States and is based on a comprehensive peer-review survey.
Braeden helped lead Gesmer Updegrove to recognition in The Legal 500 United States for Corporate Investigations & White Collar Crime, Tier 3, and Finance: Fintech, Tier 4.
Braeden is active in the U.S. securities enforcement community through Securities Docket, where he has served on the 2025 and 2026 Advisory Boards and contributed video commentary through the Weekly Update.
Braeden was named the #1 United States author in FinTech in Mondaq’s Spring 2025 Thought Leadership Awards, reflecting the national reach and influence of his writing on fintech, securities regulation, and digital asset policy.
Equity Crowdfunding: A Comparison of Reg A, Reg CF, and Reg D
In the ever-evolving landscape of modern capital formation, the avenues available to entrepreneurs are both myriad and complex. Navigating the regulatory intricacies of Regulation A (Reg A), Regulation Crowdfunding (Reg CF), and Regulation D (Reg D) transcends mere compliance; it is a strategic imperative that can profoundly shape the trajectory of a business. Each regulatory framework not only delineates specific parameters regarding investor eligibility and funding caps but also carries distinct implications for ongoing disclosure and market engagement.
Broker-Dealers vs. Unregistered Finders in Capital Raising
Determining whether an intermediary operates as a finder or an unregistered broker-dealer is a nuanced and fact-specific inquiry that can present significant challenges. For unwary entrepreneurs, corporate executives, and equity fund sponsors, the stakes are high; engaging a third party that inadvertently crosses the line into broker-dealer territory can result in serious regulatory repercussions.
SEC Adopts Amendments to Regulation NMS: New Minimum Pricing Increments, Reduced Access Fee Caps, and Enhanced Order Transparency
On September 18, 2024, the U.S. Securities and Exchange Commission (SEC) announced significant amendments to Regulation NMS (National Market System) aimed at improving market quality, reducing transaction costs, and enhancing transparency in equity markets. These changes, which address minimum pricing increments (tick sizes), access fee caps, and the visibility of better-priced orders, mark a major shift in the regulatory landscape designed to foster competition and protect investors.
SEC Shifts Focus: Climate and ESG Enforcement Task Force Disbanded
The Securities and Exchange Commission (SEC) recently dissolved its Climate and ESG Enforcement Task Force, signaling a notable shift in the Commission's regulatory focus. Formed in 2021 under Acting Chair Allison Herren Lee, the Task Force played a central role in SEC Chair Gary Gensler’s push to enhance the availability of environmental, social, and governance (ESG) data for investors. However, after facing significant industry resistance and legal challenges, the SEC has decided to wind down the Task Force, though several key ESG and climate-related rules remain in development.
Preparing for 2025: Key ESG Trends and Regulatory Updates for In-House Counsel
As we move towards 2025, ESG (Environmental, Social, and Governance) issues continue to evolve, driven by new regulatory frameworks, increasing litigation, and heightened scrutiny from investors and stakeholders. For in-house counsel, staying ahead of these developments is critical, as 2025 promises to bring new challenges and opportunities. This article outlines the key ESG trends and regulatory updates that legal departments should be preparing for as we head into the new year.