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.
Deadline Alert: Division I Athletes Must File for $2.8 Billion NIL Settlement
The NCAA is set to finalize a $2.8 billion settlement over name, image, and likeness (NIL) antitrust claims. This historic agreement could mean significant payouts—averaging $91,000 and up to $280,000—for eligible Division I athletes. If you played Division I basketball or football between 2016 and 2024, now is the time to act. Missing the January 31, 2025 deadline could mean losing your chance to claim your rightful share of this settlement.
Coinbase Decision: A Landmark Ruling for Crypto
The recent decision in the Coinbase case represents a pivotal moment in the ongoing dialogue between cryptocurrency innovation and securities regulation. This ruling not only addresses foundational questions about the classification of digital assets but also provides critical insights into how courts may navigate the intersection of securities laws and emerging technologies. It underscores the importance of proactive compliance and thoughtful advocacy as the crypto industry adapts to an uncertain regulatory landscape.
Crypto Isn’t Subject to Wash Sale Rules—and That’s a Good Thing
Tax policy and cryptocurrency often intersect in fascinating and sometimes contentious ways, and one prime example is the ongoing debate over the application of the wash sale rules to digital assets. These rules, codified under section 1091 of the tax code, are a cornerstone of tax law for traditional securities, designed to curb tax-motivated sales. However, they currently do not apply to crypto assets—and that’s not a loophole; it’s a deliberate and defensible policy decision rooted in sound tax principles.
U.S. Treasury’s Overreach in Crypto Broker Reporting Sparks Industry Outrage
Recent developments in Treasury’s crypto broker reporting regulations have ignited heated debate across the digital asset community. At the heart of the controversy lies a significant overreach: Treasury’s expanded definition of “broker” now includes entities like informational websites, platforms with "connect wallet" features, and other services that merely provide users with data they can use to transact on blockchain networks. This interpretation, codified in TD 10021, has drawn sharp criticism for its legal overextension and potential to stifle innovation in the burgeoning crypto sector.
TikTok’s Day in Court: Supreme Court Weighs National Security Against First Amendment Rights
On January 10, 2025, the Supreme Court heard arguments in one of the most closely watched cases of the term: whether to uphold a federal law requiring ByteDance, the Chinese parent company of TikTok, to divest from the platform or cease its operations in the United States. At the heart of the case is a collision of First Amendment principles, national security concerns, and the growing influence of foreign-owned technology platforms in American life. Based on the tenor of the arguments, TikTok’s legal challenges appear uphill, with the justices expressing skepticism toward the platform’s defense.