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BRAEDEN ANDERSON

This work began as one lawyer writing carefully about issues he studies and practices.

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Hi, I’m Braeden.

I'm a partner at Gesmer Updegrove LLP, where I lead the Securities Regulatory and Enforcement and Digital Assets practice areas. I’ve served as Assistant General Counsel at Robinhood, practiced at Kirkland & Ellis and Sidley Austin, and represented clients in high-stakes matters before the SEC, DOJ, FINRA, and state regulators.

I write and make content for people who don’t have time to guess: founders, lawyers, regulators, and smart operators who know better than to rely on Google or the AI answer without context.

I've been recognized by U.S. Best Lawyers: 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.

Enjoy the content. I hope you find what you’re looking for. And if you want to talk something through, don’t hesitate to reach out. I’d love to hear from you. It’s really cool when readers become clients.

K. Braeden Anderson K. Braeden Anderson

The SEC Closes the Loop on Howey’s Application to Crypto

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.

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K. Braeden Anderson K. Braeden Anderson

Prediction Markets, Insider Trading, and the Return of First Principles

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.

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K. Braeden Anderson K. Braeden Anderson

CFTC Chair Selig Signals New Strength on Prediction Markets After Industry Commentary Calls for Backbone

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.

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Anderson Insights K. Braeden Anderson Anderson Insights K. Braeden Anderson

CFTC Pulls Back on SEF Registration Advisory: A Win for Market Clarity

The Commodity Futures Trading Commission (CFTC) just hit the reset button. On March 13, 2025, the Division of Market Oversight (DMO) issued CFTC Letter No. 25-05, officially scrapping the controversial 2021 Advisory on Swap Execution Facility (SEF) Registration (CFTC Letter No. 21-19). Effective immediately, this move restores the pre-2021 regulatory framework, providing much-needed clarity for commodity trading advisors (CTAs), introducing brokers (IBs), and other market players facilitating swap execution.

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