Securities Enforcement. Corporate Investigations. Financial Regulation.

Independent analysis of the laws, regulations, investigations, and enforcement actions shaping modern financial markets.

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GESMER UPDEGROVE

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.

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SEC Charges The Lovesac Company and Former Executives with Accounting Violations Over Concealed Shipping Expenses

The Securities and Exchange Commission (SEC) recently announced charges against The Lovesac Company, a publicly traded furniture retailer based in Connecticut, as well as two of its former executives, Donna Dellomo, CPA (the company’s former CFO), and Yoon Um, CPA (the former controller), for alleged accounting violations. These charges stem from unreported shipping expenses that allegedly skewed the company's financial records and metrics. Lovesac has agreed to settle the claims, including a civil penalty payment of $1.5 million.

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Tether CEO Acknowledges Vulnerability to U.S. Government Control Amidst Renewed Scrutiny

As Tether, the largest stablecoin issuer in the crypto market, faces increasing regulatory pressure, CEO Paolo Ardoino recently underscored the company’s complex relationship with U.S. authorities in an interview with CoinDesk. Despite Tether's compliance with international sanctions and cooperation with law enforcement, Ardoino acknowledged that the company’s survival ultimately depends on the discretion of U.S. regulators. "If the U.S. wanted to kill us, they can press a button and kill us anywhere,” Ardoino stated, adding that Tether’s approach is not to challenge U.S. authority directly.

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Coinbase CEO Calls for Accountability from Future SEC Chair Over Crypto Regulation Missteps

In a bold statement on October 29, Coinbase CEO Brian Armstrong voiced his frustrations with the Securities and Exchange Commission's (SEC) handling of crypto regulation, stating that the agency's next chair should issue a public apology for what he described as "damage" to the American crypto sector. Armstrong highlighted years of inconsistent statements and actions from the SEC, which he argues have harmed innovation, created regulatory confusion, and discouraged crypto businesses from operating in the U.S.

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SEC Adopts New Rules to Strengthen Risk Management and Resilience of Covered Clearing Agencies

The U.S. Securities and Exchange Commission (SEC) has adopted key rule amendments and introduced a new rule aimed at enhancing the resilience and risk management practices of covered clearing agencies. These measures are designed to bolster the stability of the financial system by mandating intraday margin collection, ensuring the reliability of risk-based margin model inputs, and formalizing recovery and wind-down planning protocols.

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Exploring FINRA's New Report on Metaverse Opportunities and Challenges for the Securities Industry

On October 24, 2024, FINRA released an eye-opening report, The Metaverse and the Implications for the Securities Industry, addressing the securities industry’s potential engagement with the metaverse—a rapidly evolving virtual landscape. The report underscores emerging use cases, industry challenges, and regulatory considerations for broker-dealers and other FINRA member firms looking to leverage immersive virtual technology to innovate in customer engagement, data visualization, trading, and investor education.

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