The SEC’s Crypto Custody Roundtable: A Tipping Point for Regulatory Clarity or More Questions?
The Securities and Exchange Commission has released the full agenda and panel lineup for its April 25 roundtable, “Know Your Custodian: Key Considerations for Crypto Custody.” The speaker list is impressive—though, perhaps, it might have been even stronger had they invited me (a guy can dream, right?). Scheduled to take place at SEC headquarters in Washington, D.C., the event will bring together regulators, law firm partners, academics, and crypto-native custodians for what may prove to be the most consequential public dialogue on digital asset custody to date.
Paul Atkins Confirmed as SEC Chair Amid Rising Pressure to Act on Chinese Companies
On April 10, 2025, the U.S. Senate confirmed Paul Atkins as the next Chair of the Securities and Exchange Commission in a narrow 52-44 vote. During his confirmation process, Atkins faced tough questions about the agency’s recent reversals in crypto enforcement and the influence of the Trump administration on its priorities. But the most pointed pressure came from lawmakers demanding stronger action against Chinese companies listed on U.S. exchanges.
Courts, Not Regulators, May Shape Crypto Law — But That’s Not Necessarily a Bad Thing
As the SEC retreats from its aggressive crypto enforcement posture under former Chair Gary Gensler, observers have speculated that courts will now become the primary venue for resolving disputes over how federal securities laws apply to digital assets. But despite the headlines suggesting a flood of new litigation, we at Anderson P.C. are not convinced that such a surge is inevitable—or even problematic.
Conducting a Tokenized Offering Under Reg A
While there are multiple frameworks available to launch and distribute tokens—including those designed to avoid classification as securities—many of our clients elect to offer tokens as securities for strategic reasons. This can include unlocking broader investor participation, enabling secondary market liquidity, or building long-term institutional trust. Regulation A and Regulation Crowdfunding (Reg CF) are the two primary exemptions that allow for the public issuance of security tokens under U.S. law.
SEC Enforcement Lawyers Face Fallout as Crypto Industry Pushes Back
The ongoing battle between the SEC and the cryptocurrency industry has taken a new turn—not just in regulatory policy, but in the professional reputations of SEC enforcement attorneys. With the agency facing court setbacks and political shifts, some former SEC lawyers are struggling to find opportunities in private practice, particularly at firms engaged in crypto-related work. This dynamic raises fair questions on both sides—is this an unfair punishment for regulators who were doing their jobs, or is it a natural consequence of overzealous enforcement that left a lasting impact on the industry?
Acting SEC Chair Reshapes the Agency Ahead of Trump’s Pick
The Securities and Exchange Commission (SEC) is undergoing a profound transformation as its acting leadership reshapes the agency ahead of the confirmation of President Trump’s nominee, Paul Atkins. These sweeping changes include staffing reductions, leadership shake-ups, and a recalibration of enforcement priorities, raising questions about the future of securities regulation in the United States.
SEC Accuses Cannabis CFO of $4.2M Round-Trip Accounting Scheme: Industry Lessons
The U.S. Securities and Exchange Commission (SEC) has filed charges against the former CFO of Acreage Holdings, Glen Leibowitz, alleging his involvement in a $4.2 million round-trip transaction designed to manipulate the company’s year-end cash balance. This case underscores the increasing regulatory scrutiny cannabis companies face, particularly as they grapple with complex financial reporting obligations, banking restrictions, and compliance challenges.
SEC Backs Down on Ripple
In a major development for the cryptocurrency industry, the U.S. Securities and Exchange Commission (SEC) has ended its appeal against Ripple Labs regarding the legal status of the XRP token. This decision marks a significant shift in regulatory posture, reflecting broader changes in crypto oversight under the new administration.
SEC Crypto Enforcement Pauses in Select Matters; But Uncertainty Remains for Many
While major platforms like Coinbase and Binance breathe easier, countless other crypto market participants remain in the crosshairs of unresolved investigations. These businesses, builders, and innovators face the same murky regulatory waters, the same costly battles, and the same chilling uncertainty that the SEC now seems to acknowledge is problematic. So, why are they still left out in the cold?
SEC Announces Formation of Crypto Task Force 2.0
Acting Chairman Mark T. Uyeda of the U.S. Securities and Exchange Commission (SEC) announced the launch of a dedicated Crypto Task Force aimed at establishing a clear and comprehensive regulatory framework for crypto assets. Commissioner Hester Peirce will chair the task force, supported by Richard Gabbert as Chief of Staff and Taylor Asher as Chief Policy Advisor.
Coinbase Decision: A Landmark Ruling for Crypto
The recent decision in the Coinbase case represents a pivotal moment in the ongoing dialogue between cryptocurrency innovation and securities regulation. This ruling not only addresses foundational questions about the classification of digital assets but also provides critical insights into how courts may navigate the intersection of securities laws and emerging technologies. It underscores the importance of proactive compliance and thoughtful advocacy as the crypto industry adapts to an uncertain regulatory landscape.
The SEC’s $10 Billion Dilemma: The Challenges of Collecting Financial Penalties
The Securities and Exchange Commission (SEC) has long been heralded as a vigilant enforcer of securities laws, imposing billions of dollars in penalties on violators each year. However, a recent Wall Street Journal report reveals a sobering reality: over the past decade, the SEC has written off nearly $10 billion in fines it was unable to collect. This highlights the significant hurdles the agency faces in enforcing financial sanctions, particularly against individuals and entities adept at evading payment.
Heightened SEC Scrutiny: Investment Advisers' MNPI Policies Under the Microscope
The Securities and Exchange Commission (SEC) is intensifying its scrutiny of investment advisers’ compliance programs, particularly concerning policies and procedures designed to prevent the misuse of material nonpublic information (MNPI). Recent enforcement actions reveal that even well-intentioned but inadequately tailored policies can fall short of regulatory expectations, underscoring the importance of aligning compliance efforts with the unique risks of an adviser’s business activities.
NAM Advocates for SEC Oversight of Proxy Advisory Firms
On December 3, 2024, the National Association of Manufacturers (NAM) filed a brief with the U.S. Court of Appeals for the D.C. Circuit, urging the court to overturn a lower court decision that challenges the Securities and Exchange Commission’s (SEC) authority to regulate proxy advisory firms. This development marks the latest chapter in NAM’s long-standing campaign to ensure proper oversight of these powerful entities.
JPMorgan Employee Challenges SEC Regulation of Outside Activities
On December 3, 2024, a federal lawsuit filed in the U.S. District Court for the District of Arizona challenges the authority of the Securities and Exchange Commission (SEC) to regulate outside business activities of employees through its oversight of Financial Industry Regulatory Authority (FINRA) rules. The case, Preston v. SEC, No. 2:24-cv-03396, raises significant constitutional and administrative law questions.
Navigating the SEC's FY 2024 Enforcement Landscape: Trends, Takeaways, and What Lies Ahead
The SEC’s Enforcement Division's 2024 annual report reveals a dramatic shift in its enforcement approach during the fiscal year (October 2023–September 2024), with a striking 26% decline in total enforcement actions compared to 2023. This marked a sharp departure from the post-pandemic trend of rising enforcement activity.
The SEC at a Crossroads: Gensler’s Exit, Trump’s Administration, and the Future of Regulation
The Securities and Exchange Commission (SEC) stands on the brink of significant change as current Chair Gary Gensler prepares to step down on January 20, 2025. This leadership transition coincides with President-elect Donald Trump’s inauguration and promises to reshape the regulatory landscape for years to come.
Big Data Is Watching You: How the SEC Uses Advanced Analytics to Uncover Violations
The U.S. Securities and Exchange Commission (SEC) has long stood as the vanguard of financial market integrity, but in recent years, it has transformed into a sophisticated data-driven enforcement machine. By leveraging cutting-edge analytics, the SEC has fundamentally reshaped the landscape of securities regulation, ensuring that the most complex and well-disguised violations come to light. From insider trading and market manipulation to cherry-picking schemes and misconduct in the trading of structured products, the SEC's methods have become simultaneously more advanced and more efficient, making noncompliance an exceedingly risky gamble.
SEC Crackdown: Key Enforcement Trends in Cyber Disclosure, Director Independence, and Reg FD
The U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement has intensified its focus on significant areas of compliance for public companies. Recent actions have targeted cybersecurity incident disclosures, director independence misrepresentations, and violations of Regulation Fair Disclosure (Reg FD). Here’s what you need to know about these developments and how they could impact your company.
SEC Division of Examinations 2025 Priorities
In a November 4, 2024, risk alert, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (SEC) unveiled its strategic, risk-based approach to selecting registered investment companies for examination. The Division also shed light on its methodology for scoping exams and shared notable examples of common deficiencies encountered during recent reviews.