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.

Looking for something specific?

The full Anderson Insights archive is now searchable. Use the search bar to find past content by topic, agency, or keyword. Try searching: “SEC v. Jarkesy,” “ATS regulation,” “custody” or “digital assets”

K. Braeden Anderson 4/15/26 K. Braeden Anderson 4/15/26

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.

K. Braeden Anderson 2/19/26 K. Braeden Anderson 2/19/26

“Number Go Down” and Other Schadenfreude: The SEC at ETHDenver

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.

K. Braeden Anderson 7/18/25 K. Braeden Anderson 7/18/25

GENIUS Act Passes the House: A Defining Moment for U.S. Crypto Policy

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.

K. Braeden Anderson 1/13/25 K. Braeden Anderson 1/13/25

Crypto Isn’t Subject to Wash Sale Rules—and That’s a Good Thing

Tax policy and cryptocurrency often intersect in fascinating and sometimes contentious ways, and one prime example is the ongoing debate over the application of the wash sale rules to digital assets. These rules, codified under section 1091 of the tax code, are a cornerstone of tax law for traditional securities, designed to curb tax-motivated sales. However, they currently do not apply to crypto assets—and that’s not a loophole; it’s a deliberate and defensible policy decision rooted in sound tax principles.

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.