DIGITAL ASSETS
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.
The SEC’s definition of a “small investment adviser” hasn’t kept up with reality, and it shows in how rules are written and analyzed. Firms managing $150–300 million in AUM are still treated like large institutions, even though many are lean, founder-led operations navigating real compliance strain. A proposed shift to a $1 billion threshold is a step in the right direction, but without legislative backing, it may not stick. This piece breaks down why the definition matters, how it shapes regulatory outcomes, and what needs to happen next.
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.
The SEC’s March 17, 2026 crypto guidance marks a turning point in digital asset regulation. By clarifying token classifications and, critically, when an investment contract begins and ends under Howey, the Commission introduces a lifecycle-based framework that brings long-awaited structure to the market. This article breaks down what the new interpretation means for crypto projects, investors, and regulatory strategy going forward.
This piece analyzes the CFTC’s advisory confirming that prediction markets are regulated derivatives subject to anti-fraud and manipulation rules. Braeden Anderson explains how insider trading doctrines apply to event contracts and what this means for exchanges, fintech platforms, and sophisticated traders operating in evolving markets.
SEC Chairman Paul Atkins and Commissioner Hester Peirce used their ETHDenver 2026 remarks to outline the SEC’s evolving approach to crypto regulation, including a possible innovation exemption for tokenized securities, new guidance on investment contracts, and planned rulemaking on custody and transfer agent modernization. This post summarizes what they said and what it signals for crypto issuers, exchanges, broker-dealers, and blockchain developers.
Backbone confirmed. In a development that underscores the accelerating evolution of financial innovation policy, Commodity Futures Trading Commission Chairman Michael S. Selig has publicly articulated a significant shift in the agency’s posture on prediction markets — just days after my commentary highlighted expectations for decisive leadership.
On January 28, 2026, staff from the SEC’s Divisions of Corporation Finance, Investment Management, and Trading and Markets published a joint statement aimed at one thing: forcing the market to be precise about what, exactly, is being “tokenized.” What follows is our practitioner’s read: the taxonomy, the legal consequences that flow from each branch, and a compliance checklist for anyone building in the space.
Acknowledging the value of dissent does not require suspending scrutiny. It is fair, and necessary, to ask whether the SEC during the prior administration, and Crenshaw in particular, demonstrated sufficient command of the crypto markets they sought to regulate, and whether the agency’s approach over the past several years meaningfully advanced investor protection or instead imposed avoidable costs through uncertainty and inconsistency.
In this video we unpack how FINRA asserts its investigative authority beyond U.S. borders through Rule 8210. Cross-border business is common, and many foreign individuals and firms are surprised to learn they can still be pulled into a FINRA inquiry.
You can’t understand Nasdaq’s tokenization proposal by asking what it adds. You understand it by seeing what it refuses to change. Nasdaq’s tokenization rule filing with the U.S. Securities and Exchange Commission is one of the most meaningful attempts yet to introduce blockchain-based representations of securities into the existing U.S. market structure.
In my recent YouTube video, I discuss how the SEC is beginning to align its custody framework for digital assets with industry practice. The SEC’s Division of Investment Management has issued a no-action letter confirming that certain state-chartered trust companies may serve as qualified custodians for digital assets and related cash equivalents under the Investment Advisers Act and the Investment Company Act.
This article offers a comprehensive examination of the stock options backdating scandal—its mechanics, legal implications, regulatory response, and enduring impact—using illustrative case studies from Research In Motion, Broadcom, and other major players. But more importantly, it offers legal insights and guidance for companies, counsel, and compliance professionals who must navigate the complex intersection of compensation practices, financial reporting obligations, and securities law.
On July 14, 2025, the OCC, Federal Reserve Board, and FDIC quietly issued a joint statement that may one day be remembered as a foundational moment in the formal convergence of traditional banking oversight and crypto infrastructure. The Statement on Crypto-Asset Safekeeping Risk Management sends a clear signal: if your institution intends to hold digital assets for clients, the expectations are not experimental — they are bank-grade.
After a CEO is caught on camera in a viral public incident, what should a company do? This article provides a comprehensive guide on crisis management and explores the legal response, from initiating an internal investigation to navigating reputational risk, policy violations, and executive transitions.
Praised by SEC Chairman Paul S. Atkins in an official statement, the GENIUS Act reflects years of bipartisan effort to create a coherent legal framework for crypto asset innovation in the United States. The bill’s passage represents more than regulatory progress—it is a signal that U.S. policy is beginning to shift from enforcement-by-default to regulation-by-design.
On July 1, 2025, the SEC’s Division of Corporation Finance issued a comprehensive staff statement clarifying its views on disclosure obligations under the federal securities laws for issuers of crypto asset exchange-traded products (ETPs). While the products themselves represent novel financial structures—trust-based vehicles holding spot crypto or derivatives—the statement emphasizes continuity in legal obligations: crypto ETP issuers must adhere to well-established disclosure requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934.
For me and other experts who practice in this space, this was a bit of a "well duh" moment. But given the culminating momentum in the crypto space following the increasingly positive sentiment overall towards the digital assets industry, the Commission was right to make this clear. In a clear-eyed statement issued July 9, 2025, SEC Commissioner Hester M. Peirce addressed the increasing prevalence of tokenized securities, emphasizing that while the underlying technology may be novel, the applicable laws are not.
The digital asset ecosystem is entering a defining period—where legislative clarity, regulatory nuance, and litigation risk are converging. As crypto markets stabilize following years of enforcement-heavy scrutiny, U.S. regulators are offering more detailed guidance. New legislation and thoughtful statements from key regulators point toward a maturing legal environment—one that retains rigor while opening pathways for innovation. At the same time, market participants must navigate a shifting landscape marked by technological complexity, state-level litigation risks, and intensifying disclosure obligations.
This update provides a unified view of where the industry is now—from Congress and the SEC to private litigation—and what legal counsel should be preparing for next.
On May 15, 2025, the U.S. Securities and Exchange Commission’s Division of Trading and Markets (“Staff”) published a set of Frequently Asked Questions (FAQs) offering long-awaited clarity for SEC-registered broker-dealers and transfer agents engaging in crypto asset-related activities.
Issued alongside FINRA and accompanied by the formal withdrawal of the 2019 Joint Staff Statement on Broker-Dealer Custody of Digital Asset Securities, this update is a meaningful step forward. It signals the Staff’s intent to move past defensive postures and toward practical, systems-level integration of crypto asset infrastructure into the legacy securities framework.
To be clear: the FAQs don’t alter statutory obligations or override the SEC’s 2020 Special Purpose Broker-Dealer (“SPBD”) Statement. But what they do provide is a viable, operational path for traditional broker-dealers to custody crypto asset securities—without siloed carveouts or regulatory acrobatics.
Let’s break down what matters, and why this shift should be on the radar of every compliance officer, digital asset GC, and prime services executive with an eye on the evolving intersection of finance and blockchain.
Matt Levine’s latest Money Stuff column dissects a fascinating and increasingly common financial arrangement that blurs the line between traditional equity, tokenized instruments, and synthetic exposure: Republic’s tokenized forward tied to SpaceX stock.
In a notable shift toward final resolution, Ripple Labs and the U.S. Securities and Exchange Commission (SEC) have jointly filed a motion in the U.S. District Court for the Southern District of New York seeking to modify the judgment in their long-standing enforcement matter and release funds held in escrow. Under the proposed stipulation, $125 million in civil penalties previously imposed on Ripple would be partially redistributed—$50 million paid to the SEC, with the remaining $75 million returned to Ripple.
The Justice Department has unsealed criminal charges against Jeremy Jordan-Jones, alleged founder of the now-defunct crypto venture Amalgam, accusing him of orchestrating a $1 million investor fraud built on fabricated partnerships, fictitious technology, and the trappings of blockchain legitimacy.
The indictment is the latest in a growing string of federal enforcement actions targeting fraudulent schemes masquerading as legitimate digital asset businesses. The message from prosecutors is clear: the novelty of blockchain will not shield bad actors from traditional fraud charges.
The recent Senate vote to advance the GENIUS Act—a bipartisan bill to regulate stablecoins—is more than just another milestone in crypto policy. It represents a long-overdue recognition that fiat-backed digital dollars are not speculative assets; they are infrastructure.
At Anderson P.C., we strongly support the GENIUS Act and believe it lays the foundation for a safer, more credible, and ultimately more competitive U.S. digital economy.
The trial of SafeMoon’s former CEO, Braden John Karony, commenced this week in the U.S. District Court for the Eastern District of New York (EDNY), adding another complex layer to the growing landscape of crypto enforcement actions. Facing charges of securities fraud conspiracy, wire fraud conspiracy, and money laundering conspiracy, Karony has publicly asserted his innocence—and in a rare move, attempted to deflect culpability toward SafeMoon’s founder, Kyle Nagy.
Efforts to establish a comprehensive digital asset regulatory framework were sidelined on Tuesday, not by policy disagreement, but by political uproar.
What was expected to be a pivotal joint hearing between the House Financial Services and Agriculture Committees was instead derailed by a high-profile objection from Democratic leadership, intensifying an already volatile environment around crypto legislation.
The Securities and Exchange Commission has released the full agenda and panel lineup for its April 25 roundtable, “Know Your Custodian: Key Considerations for Crypto Custody.” The speaker list is impressive—though, perhaps, it might have been even stronger had they invited me (a guy can dream, right?). Scheduled to take place at SEC headquarters in Washington, D.C., the event will bring together regulators, law firm partners, academics, and crypto-native custodians for what may prove to be the most consequential public dialogue on digital asset custody to date.
On April 10, 2025, the U.S. Senate confirmed Paul Atkins as the next Chair of the Securities and Exchange Commission in a narrow 52-44 vote. During his confirmation process, Atkins faced tough questions about the agency’s recent reversals in crypto enforcement and the influence of the Trump administration on its priorities. But the most pointed pressure came from lawmakers demanding stronger action against Chinese companies listed on U.S. exchanges.
As the SEC retreats from its aggressive crypto enforcement posture under former Chair Gary Gensler, observers have speculated that courts will now become the primary venue for resolving disputes over how federal securities laws apply to digital assets. But despite the headlines suggesting a flood of new litigation, we at Anderson P.C. are not convinced that such a surge is inevitable—or even problematic.
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.