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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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SECURITIES LAW IN TIMES OF WAR
K. Braeden Anderson K. Braeden Anderson

SECURITIES LAW IN TIMES OF WAR

Geopolitical conflict creates immediate and complex disclosure obligations for public companies. Under Section 10(b) of the Securities Exchange Act, Rule 10b-5, and Item 303 of Regulation S-K, issuers must evaluate and disclose known trends and uncertainties, including the impact of war, sanctions, supply chain disruption, and cybersecurity risk, where reasonably likely to affect financial condition or results of operations. Recent SEC guidance, including its Ukraine-related comment letters, reinforces that geopolitical events must be analyzed across MD&A, risk factors, financial statements, and disclosure controls.

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SEC Opens Broad Review of the Consolidated Audit Trail, Signals Potential Structural Reforms
K. Braeden Anderson K. Braeden Anderson

SEC Opens Broad Review of the Consolidated Audit Trail, Signals Potential Structural Reforms

On April 16, 2026, the Securities and Exchange Commission issued a concept release soliciting public comment on the Consolidated Audit Trail (CAT) and related audit trails and data sources used in the oversight of U.S. securities markets. The release initiates what the Commission describes as a comprehensive review of the CAT’s purpose, structure, cost, and scope, and signals that more fundamental changes to the system may be under consideration.

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The SEC’s Bail-In Position Prioritizes Function Over Formalism
K. Braeden Anderson K. Braeden Anderson

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.

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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.