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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

Crenshaw’s Exit, Dissent, and the SEC’s Troubled Crypto Record

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.

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

FOIA Docs Show NY AG Wanted ETH Declared a Security

In a striking revelation from documents obtained through Coinbase’s Freedom of Information Act (FOIA) efforts, the New York Attorney General’s Office asked the Securities and Exchange Commission (SEC) in 2023 to declare Ether (ETH) a security in support of its lawsuit against crypto exchange KuCoin. The request, made during the tenure of former SEC Chair Gary Gensler, was ultimately declined.

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

Coinbase CEO Calls for Accountability from Future SEC Chair Over Crypto Regulation Missteps

In a bold statement on October 29, Coinbase CEO Brian Armstrong voiced his frustrations with the Securities and Exchange Commission's (SEC) handling of crypto regulation, stating that the agency's next chair should issue a public apology for what he described as "damage" to the American crypto sector. Armstrong highlighted years of inconsistent statements and actions from the SEC, which he argues have harmed innovation, created regulatory confusion, and discouraged crypto businesses from operating in the U.S.

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

Gensler Reaffirms SEC's Regulation-By-Enforcement Approach to Crypto Amidst Industry Debate

Securities and Exchange Commission (SEC) Chair Gary Gensler has once again reiterated his commitment to the agency's ongoing regulation-by-enforcement strategy concerning cryptocurrency. Despite criticism from various sectors of the digital asset industry, Gensler maintains that the SEC’s efforts are firmly grounded in decades of legal precedent, and he intends to continue this approach to provide clarity and protection in the rapidly evolving world of digital assets.

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

SEC Chair Gary Gensler on Crypto: ‘It’s Unlikely This Stuff Is Gonna Be a Currency’

In a recent speech at New York University School of Law, U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler made headlines with his assertion that cryptocurrencies like Bitcoin (BTC) are unlikely to ever become widely accepted forms of currency. While this statement may have grabbed attention, it largely reiterates what many industry participants already understand: the primary value of crypto assets lies in their utility as a store of value or an investment vehicle, not as a replacement for fiat currencies. Gensler’s comments, while perhaps technically accurate, miss the mark in addressing the real issues facing the crypto industry today.

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SEC Regulatory Update K. Braeden Anderson SEC Regulatory Update K. Braeden Anderson

Advancing Financial Data Transparency: New Joint Standards Proposed by Financial Regulators

On August 2, 2024, Chair Gary Gensler announced a groundbreaking proposal aimed at enhancing the transparency and accessibility of financial data. This proposal, born from the Financial Data Transparency Act of 2022 (FDTA), represents a significant step toward standardizing financial data reporting across multiple regulatory agencies. The initiative involves nine financial regulators and is poised to streamline data collection and improve oversight efficiency.

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