• Increasing Focus on AI — AI developments and uses and the evolving legal and regulatory landscape may bring about new litigation and enforcement risks stemming from claims of algorithmic bias, discrimination, errors made by autonomous AI agents, fraud perpetrated using AI, misuse relating to privacy and governance, monitoring and reporting, and other areas. Evolving theories
…

On July 29, 2025, the U.S. Securities and Exchange Commission (SEC) voted to approve orders allowing in-kind creations and redemptions for crypto asset exchange-traded products (ETPs), including those based on bitcoin and ether. This marks a significant shift from the SEC’s earlier stance, which had limited spot crypto ETPs to cash-only transactions.

Under the newly…

On July 14, 2025, the Federal Reserve, the OCC, and the FDIC issued a joint statement addressing risk management and legal expectations applicable to banking organizations engaging in crypto-asset safekeeping. The Statement follows the Agencies’ coordinated rescission earlier this year of interpretive guidance requiring advance supervisory non-objection for crypto activities.[1] While the Statement does not impose new regulatory requirements, it provides important guidance regarding how the Agencies expect banking organizations to manage the legal, operational, technological, and compliance risks associated with crypto-asset safekeeping.…

Continue Reading Federal Banking Regulators Issue Guidance on Risk Management for Crypto-Asset Safekeeping Activities

In late April, at the government’s request, an Indiana federal judge put a final end to the prosecution of an Indiana man for allegations that he engaged in unlicensed money transmission (and related tax offenses) in connection with his operation of a virtual currency exchange from 2009 to 2013.…

Continue Reading Charges Dropped Against Early Cryptocurrency Exchange Operator

On March 20, 2025, the U.S. Securities and Exchange Commission took a step towards clarifying its position on crypto mining activities. In a recent statement, the SEC’s Division of Corporation Finance provided non-binding guidance on the application of federal securities laws to proof-of-work (PoW) mining activities, stating that such activities are beyond the SEC’s purview.
Continue Reading SEC Staff Clarifies Stance on Crypto Mining

This blog post highlights key trends in futures and derivatives for 2025, including regulatory changes promoting digital assets, increased integration of crypto with traditional finance, the adoption of DeFi protocols, potential tax and legal reforms, and efforts to harmonize global regulatory standards.
Continue Reading 5 Trends to Watch: 2025 Futures & Derivatives

U.S. Sen. Cynthia Lummis (R-WY) and Reps. Wiley Nickel (D-NC) and Mike Flood (R-NE) are working to overturn a controversial Securities and Exchange Commission (SEC) staff accounting bulletin, SAB 121, that places restrictions on the custody of digital assets by public companies, including banks and trust companies, on behalf of their customers. On Feb.

On Sept. 18, 2023, the New York State Department of Financial Services (NYDFS) issued a press release announcing updates to its ongoing oversight of the digital asset space, including (1) industry guidance regarding a “General Framework for Greenlisted Coins” (Greenlist Guidance); (2) industry guidance regarding new “Proposed Updates to Guidance Regarding Listing…

Crypto-asset businesses, particularly those offering crypto lending, non-fungible tokens, or digital wallet/payments products — which are already facing intense scrutiny from the SEC, CFTC, U.S. Department of Justice and U.S. Department of the Treasury — should not neglect the need to prepare for CFPB and FTC scrutiny. This article explores this trend by the CFPB…

On Feb. 23, 2023, the Board of Governors of the Federal Reserve System (Federal Reserve), Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) (collectively, the Agencies) issued a joint statement (Joint Statement) that highlights liquidity risks crypto-asset-related (CAR) funding sources pose to banking organizations and provides some effective practices…