BRAEDEN ANDERSON
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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.
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The SEC’s Ally Invest Order and the Real Price of “Free” Robo Advice
The SEC’s case against Ally Invest is a reminder that “no fee” does not mean no conflict. When incentives shape portfolio design, advisers must say so clearly. A closer look at disclosure, fiduciary duty, and where robo-advisers get it wrong.
Jury Returns Split Verdict in Pampena v. Musk
A federal jury delivered a split verdict in Pampena v. Musk, a rare securities class action tied to Elon Musk’s Twitter acquisition. The case highlights growing exposure around public statements, including social media, and their impact on stock prices during M&A transactions.
FINRA Reconsiders the Prohibition on Performance Projections: A Measured Shift in Rule 2210
FINRA’s proposed amendments to Rule 2210 signal a meaningful evolution in broker-dealer communications, moving away from a categorical prohibition on performance projections toward a principles-based framework grounded in substantiation and disclosure. The proposal reflects both market realities and regulatory convergence, while placing renewed emphasis on rigor, transparency, and supervisory oversight.
Howey Reconstructed
The SEC’s 2026 interpretive framework on crypto does more than clarify how Howey applies, it introduces a long-missing concept into securities law: time. In Howey Reconstructed, we examine how the Commission reframes the investment contract as a dynamic condition rather than a static classification, and why that shift matters not just for digital assets, but for the future of securities regulation more broadly. The result is a more coherent, lifecycle-based approach that finally addresses when the securities laws stop applying.
Arizona v. Kalshi: Criminal Enforcement and the Next Phase of the Prediction Market Reckoning
Arizona’s criminal charges against Kalshi mark a turning point in the regulation of prediction markets, escalating the conflict between federal commodities law and state gambling regimes. This article examines the legal and structural implications of the case, including preemption, CFTC authority, and the growing tension between derivatives markets and sportsbook regulation. As prediction markets continue to expand, this enforcement action may shape the future of event-based trading in the United States.
About the Author - Braeden Anderson is a partner at Gesmer Updegrove LLP, where he leads the Securities Regulatory and Enforcement and Digital Assets practice areas. Prior experience includes roles at Robinhood Markets, Inc., Kirkland & Ellis LLP, Sidley Austin LLP, Anderson P.C., and FINRA. He’s been nationally recognized by Best Lawyers in America: Ones to Watch® for Financial Services and Securities Regulation, and listed in Marquis Who’s Who in America for contributions to law and public service.