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.
FINRA Regulatory Notice 24-16: Simplified Customer Arbitrations and Document Production Lists
FINRA recently issued Regulatory Notice 24-16, announcing amendments to the applicability of the Document Production Lists for simplified customer arbitrations under Rule 12800. These changes, effective March 3, 2025, introduce greater flexibility for customers while clarifying the rules surrounding discovery in such proceedings. Simplified customer arbitrations are designed for disputes involving $50,000 or less, excluding interest and expenses.
FINRA’s December Meeting: Outside Activities Reform and Emerging Legal Challenges
The December 2024 FINRA Board of Governors meeting comes at a critical juncture, as the organization seeks to modernize its regulatory frameworks while grappling with heightened scrutiny of its authority and practices. Key among the discussions was FINRA’s proposal to consolidate its Outside Business Activities (OBA) and Private Securities Transactions (PST) rules into a unified Outside Activities Requirements Rule. However, this initiative takes place against the backdrop of two significant legal challenges: the Alpine Securities Corp. v. FINRA ruling, which questioned FINRA’s expedited expulsion procedures, and the federal lawsuit Preston v. SEC, which challenges the validity of FINRA Rule 3270 governing outside activities.
Crypto Advocates Celebrate as Caroline Crenshaw’s Renomination Vote is Canceled
In a notable development for the cryptocurrency industry, the Senate Banking Committee has canceled its vote on the renomination of SEC Commissioner Caroline Crenshaw. Originally scheduled for Wednesday, the vote was postponed due to a procedural conflict, according to a report by FOX Business journalist Eleanor Terrett. With Congress set to adjourn on December 20, this delay ensures that Crenshaw’s renomination will not be processed in time, leaving her future on the Commission uncertain.
ICAN Petitions Court to Compel SEC Review of “Accredited Investor” Rule
The Investor Choice Advocates Network (ICAN) has filed a writ of mandamus seeking to compel the SEC to review its definition of “accredited investor,” sparking renewed debate over a long-standing rule that governs participation in private investment markets. At the heart of the issue is whether the current standard, which limits eligibility based on income or net worth, strikes the right balance between protecting investors and fostering economic growth.
Crypto Groups Push Back Against Crenshaw Nomination: How Much Power Can One Commissioner Wield?
The nomination of U.S. Securities and Exchange Commission (SEC) member Caroline Crenshaw is sparking fierce resistance from the crypto industry. Dubbed “even more extreme” than SEC Chair Gary Gensler by critics, Crenshaw’s reappointment is being targeted through digital ad campaigns and lobbying efforts. The Cedar Innovation Foundation, a dark-money group backed by unnamed crypto interests, has taken center stage in this opposition, citing her consistent criticism of digital assets and reluctance to approve spot bitcoin exchange-traded funds (ETFs).