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.
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Code Without a License? The SEC Signals a Path for Crypto Interfaces Outside Broker Registration
The SEC has drawn a new line between software and securities intermediaries. This analysis examines the implications for DeFi interfaces, transaction-based fees, and evolving market structure.
The SEC’s Bail-In Position Prioritizes Function Over Formalism
The SEC’s no-action letter to the Bank of England signals a shift in how U.S. securities law applies to cross-border bank resolution. By allowing reliance on Section 3(a)(9) in bail-in scenarios, the SEC is prioritizing market stability over formal registration requirements. Chairman Paul Atkins’ call for broader rulemaking suggests a potential exemption for securities issued during regulatory bail-ins. This development has significant implications for asset managers, broker-dealers, and institutions with exposure to foreign banks. It reflects a more pragmatic approach to global financial regulation and highlights the tension between investor protection and systemic stability in crisis scenarios.
FinCEN Proposes Sweeping Changes to AML/CFT Compliance Structure
FinCEN’s 2026 AML/CFT proposal reshapes compliance by focusing on risk-based programs, effectiveness, and reduced regulatory burden. Attorney Braeden Anderson provides a detailed legal analysis of what it means for financial institutions.
Is Avalanche a Security?
Avalanche sits at the center of the SEC’s evolving crypto framework, and as a securities law nerd, this is the kind of debate I genuinely enjoy. With the agency’s 2026 interpretation recognizing “digital commodities” and Ava Labs advancing a functional, infrastructure-first approach, the analysis is becoming more precise. This piece explores whether AVAX fits within securities law, how the SEC’s latest guidance reshapes the landscape, and where automation, liability, and real-world network activity still leave meaningful open questions.
CFTC Files Actions Against Three States Over Regulation of Prediction Markets
The CFTC did what needed to be done. The tension between federal derivatives law and state gambling regimes around prediction markets has been building for years, with states pushing back through enforcement. This move forces the issue into a federal forum and puts jurisdiction squarely where the Commodity Exchange Act says it belongs. It also reflects the underlying competitive dynamic, as these markets sit directly alongside state-regulated gaming. For participants in the space, this is a meaningful step toward clarity and stability.
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.