BRAEDEN ANDERSON

Welcome to Anderson Insights.

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.

Please enjoy our legal writings. If you want to talk anything through, send Braeden an email.

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The full Anderson Insights archive is now searchable. Use the search bar to find past content by topic, agency, or keyword. Try searching: “SEC v. Jarkesy,” “ATS regulation,” “custody” or “digital assets”

K. Braeden Anderson 3/25/26 K. Braeden Anderson 3/25/26

A LinkedIn “Like,” Judicial Recusal, and the Limits of Appearance

A Securities Docket poll showing 85% support for judicial recusal has sparked renewed debate after Elon Musk’s legal team moved to disqualify a Delaware judge over a LinkedIn “like.” This piece examines how that poll reflects public sentiment, while contrasting it with the governing legal standards for recusal under Delaware law and key precedent like Liteky and Caperton. The result is a clear tension between optics and doctrine, with the law suggesting a far higher threshold for disqualification than the poll implies.

K. Braeden Anderson 3/24/26 K. Braeden Anderson 3/24/26

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.

K. Braeden Anderson 3/23/26 K. Braeden Anderson 3/23/26

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.

K. Braeden Anderson 3/19/26 K. Braeden Anderson 3/19/26

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.

K. Braeden Anderson 3/19/26 K. Braeden Anderson 3/19/26

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.

Featured

Braeden Anderson

K. Braeden Anderson serves as a Partner at Gesmer Updegrove LLP, where he leads the firm’s Blockchain & Digital Assets and Securities Enforcement & Investigations practices. He also chairs Mackrell International’s Blockchain & Digital Assets Group and its Securities Enforcement & Investigations Group.

Named to Best Lawyers: Ones to Watch® in America (2025) for Financial Services Regulation Law and Securities Regulation, Mr. Anderson has built a national reputation as a securities regulatory and enforcement attorney operating at the intersection of traditional finance and emerging technologies. His practice focuses on advising financial institutions, fintech companies, investment advisers (including robo-advisors), broker-dealers, trading platforms, and digital asset companies in complex regulatory, enforcement, and compliance matters before the SEC, CFTC, FINRA, DOJ, and state regulators.

Within the digital asset and blockchain space, Mr. Anderson regularly counsels clients on issues involving market structure, tokenization, robo-advisor and broker-dealer registration, custody frameworks, AML and KYC obligations, and secondary trading considerations for regulated assets. His work spans both established financial institutions and early-stage ventures, helping clients operate within rapidly evolving regulatory environments with precision and strategic clarity.

Mr. Anderson also represents professional athletes and sports organizations in connection with regulatory and investigative matters requiring careful handling and discretion.

Prior to joining Gesmer, Mr. Anderson founded a Washington, D.C.-based law firm. He previously served as Assistant General Counsel at Robinhood Markets, Inc. (HOOD), where he advised on significant regulatory and enforcement matters. Earlier in his career, he practiced at Kirkland & Ellis LLP and Sidley Austin LLP in New York and Washington, D.C., representing clients in matters involving major federal enforcement authorities and providing regulatory advice on complex financial matters.

Mr. Anderson is an active contributor to the national conversation on securities and digital asset regulation. He publishes a widely followed weekly newsletter that has reached millions of legal and financial professionals and produces video content on YouTube for an audience of over 160,000 subscribers. He is also the editor of this legal publication, Anderson Insights, where he provides in-depth analysis for regulators, in-house counsel, and compliance professionals.

Mr. Anderson is also the creator of The Long Game with Braeden Anderson, a new digital series on YouTube exploring the intersection of golf, discipline, and high-performance thinking, featuring match-play conversations with legal executives and business leaders.

He was recently recognized as the most-read fintech thought leader in the United States in Mondaq’s Spring 2025 Thought Leadership Awards.