SEC ENFORCEMENT
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.
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.
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 proposed amendments to Rule 15c2-11 mark a long-overdue correction to years of regulatory uncertainty affecting fixed-income markets. By narrowing the rule’s scope to equity securities, the Commission is realigning its application with market reality and prior intent. This article breaks down what went wrong, why it matters, and what the proposal signals for future rulemaking and regulatory discipline.
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.
On February 24, 2026, the SEC’s Division of Enforcement published a revised Enforcement Manual. This article is a clean-room, original discussion of the press release and the 2026 Enforcement Manual. It is also meant to sit naturally inside the enforcement “throughline” I have been building on Anderson Insights: the idea that enforcement outcomes are increasingly driven by (i) data and surveillance sophistication, (ii) procedural architecture, and (iii) the downstream consequences of resolutions, often more than the headline penalty itself.
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.
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.
On January 26, 2026, SEC Commissioner Mark T. Uyeda delivered the Alan B. Levenson Keynote Address at the 53rd Annual Securities Regulation Institute in Coronado, California, laying out a clear theme for the Commission’s next phase of disclosure policy: tighten the focus on materiality, reduce low-value compliance load, and recalibrate requirements for smaller issuers. The speech is notable not just for its tone, but for its specificity. Uyeda does not speak in abstractions. He names the parts of Regulation S-K he thinks are ripe for revision and ties the policy direction to a broader institutional effort.
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.
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 and embedded video discusses the recent policy shift at the SEC regarding simultaneous consideration of settlement offers and related waiver requests in enforcement actions. The policy change reverses a 2021 decision under prior leadership that had required waiver requests to be considered separately, only after a settlement was finalized.
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 April 2, 2026, FINRA Rule 6540 under the new SLATE (Securities Lending and Transparency Engine) Rule 6500 Series will take effect, ushering in a new era of regulatory transparency in the securities lending market. Mandated by SEC Rule 10c-1a under the Securities Exchange Act of 1934, FINRA’s new framework sets out detailed reporting and public dissemination requirements for securities loans and their modifications. These changes represent a significant expansion in regulatory oversight and transparency and will affect broker-dealers, agent lenders, institutional investors, and other market participants engaged in securities lending. This guide outlines the obligations, timeline, mechanics, legal challenges, and implications of Rule 6540 in a comprehensive manner, providing all the information market participants need to comply and strategize under the new regime.
The U.S. Securities and Exchange Commission’s (SEC) once-robust whistleblower program appears to be undergoing a shift. Recent data show a sharp decline in award approvals alongside a dramatic increase in denials, signaling that the Commission is elevating the bar for claimants and taking a more exacting approach to eligibility.
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 June 25, 2025, the Securities and Exchange Commission’s Office of the Investor Advocate submitted its annual Report to Congress, outlining the Office’s key policy objectives and areas of focus for Fiscal Year 2026. As retail participation in the markets continues to rise, the Investor Advocate’s priorities reflect a broader regulatory shift toward more data-driven investor protection efforts, disclosure modernization, and a closer examination of opaque market structures—including risks tied to private market exposure in retirement accounts and China-based issuers operating through variable interest entities (VIEs).
On June 25, 2025, the Securities and Exchange Commission announced an extension of the compliance deadline for broker-dealers subject to its December 2024 amendments to Rule 15c3-3—the Customer Protection Rule. The amendments require certain broker-dealers to compute reserve requirements daily rather than weekly. The new compliance deadline has been extended from December 31, 2025, to June 30, 2026, providing firms with six additional months to complete the transition.
When a Fortune 500 company receives an SEC subpoena, they know what to do. When a major bank is contacted by FINRA or the DOJ, they move quickly—and strategically. They don’t just call “a lawyer.” They retain people who live and breathe securities enforcement—attorneys who have either worked inside the SEC or DOJ or trained at elite law firms defending clients in high-stakes regulatory matters. But I see something different play out for smaller companies, startups, founders, and even mid-size financial firms. When they get that same letter or subpoena, they panic. They call the first lawyer they can think of—sometimes a family friend, a generalist litigator, or someone recommended by their insurance panel. And while those lawyers may be talented in other areas, they often have little or no experience with securities enforcement defense.
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 move that signals regulatory recalibration, the Securities and Exchange Commission (SEC) has paused litigation surrounding its Consolidated Audit Trail (CAT) — a long-debated, market-wide surveillance system that has drawn growing criticism from investors, industry participants, and conservative watchdogs. The SEC’s pause suggests that the agency may be open to modifying or even scaling back one of the most ambitious trade monitoring initiatives in modern market history.
In a striking rebuke to both a federal agency and a prominent digital asset firm, U.S. District Judge Analisa Torres has rejected a joint motion by the Securities and Exchange Commission (SEC) and Ripple Labs to finalize a reduced civil penalty and vacate a previously imposed injunction in their high-profile enforcement battle. The ruling underscores the limits of private settlement power in the face of final judicial determinations and reinforces the judiciary’s role in upholding statutory mandates — especially in cases involving violations of the federal securities laws.
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.
In his first major address to the agency, newly appointed SEC Chair Paul Atkins informed staff this week that the U.S. Securities and Exchange Commission has experienced a 15% reduction in workforce, with more changes to come. The remarks, delivered during a town hall at SEC headquarters in Washington, D.C., mark a sharp pivot in tone and direction for the Commission under the Trump administration’s broader government downsizing initiative, led in part by billionaire adviser Elon Musk’s Department of Government Efficiency (DOGE).
The White House is reviewing the SEC’s plan to rescind its long-standing “no admit, no deny” settlement policy, often criticized as a “gag rule.” The proposal, listed by OIRA as “Rescission of Policy Regarding Denials in Settlements of Enforcement Actions,” could reshape SEC enforcement settlements by allowing companies and individuals to resolve cases without being barred from publicly disputing the allegations.