Insights & Regulatory Updates
Trump’s SEC Leadership: A New Chapter for Cryptocurrency Regulation?
As the nation prepares for a change in leadership, the cryptocurrency industry is abuzz with speculation about the potential regulatory shift under the incoming Trump administration. With Hester Peirce and Mark Uyeda poised to take on pivotal roles at the U.S. Securities and Exchange Commission (SEC), it appears a crypto-friendly overhaul may be on the horizon. Sources close to the matter suggest that these changes could begin as early as next week.
Where TikTok Goes Next: Navigating the Uncertainty of a Landmark Ban
The Supreme Court has issued a landmark ruling with profound implications for technology, geopolitics, and the digital economy. By unanimously upholding the "Protecting Americans from Foreign Adversary Controlled Applications Act" (PAFACAA), the Court has set the stage for a legal and operational reckoning for TikTok, its Chinese parent company ByteDance, and the tech giants facilitating its presence in the U.S. market. For businesses and legal practitioners, this case illustrates the complexities of navigating an increasingly fragmented regulatory landscape.
Deadline Alert: Division I Athletes Must File for $2.8 Billion NIL Settlement
The NCAA is set to finalize a $2.8 billion settlement over name, image, and likeness (NIL) antitrust claims. This historic agreement could mean significant payouts—averaging $91,000 and up to $280,000—for eligible Division I athletes. If you played Division I basketball or football between 2016 and 2024, now is the time to act. Missing the January 31, 2025 deadline could mean losing your chance to claim your rightful share of this settlement.
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.
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.
U.S. Treasury’s Overreach in Crypto Broker Reporting Sparks Industry Outrage
Recent developments in Treasury’s crypto broker reporting regulations have ignited heated debate across the digital asset community. At the heart of the controversy lies a significant overreach: Treasury’s expanded definition of “broker” now includes entities like informational websites, platforms with "connect wallet" features, and other services that merely provide users with data they can use to transact on blockchain networks. This interpretation, codified in TD 10021, has drawn sharp criticism for its legal overextension and potential to stifle innovation in the burgeoning crypto sector.
TikTok’s Day in Court: Supreme Court Weighs National Security Against First Amendment Rights
On January 10, 2025, the Supreme Court heard arguments in one of the most closely watched cases of the term: whether to uphold a federal law requiring ByteDance, the Chinese parent company of TikTok, to divest from the platform or cease its operations in the United States. At the heart of the case is a collision of First Amendment principles, national security concerns, and the growing influence of foreign-owned technology platforms in American life. Based on the tenor of the arguments, TikTok’s legal challenges appear uphill, with the justices expressing skepticism toward the platform’s defense.
Legal Framework for the Tokenization of Real-World Assets
The concept of tokenizing real-world assets (RWAs) has emerged as a transformative innovation at the intersection of technology, finance, and law. By leveraging blockchain technology to digitize ownership, tokenization is reshaping how we perceive, manage, and trade physical and intangible assets. From real estate and precious metals to intellectual property and collectibles, tokenization offers unparalleled opportunities for fractional ownership, liquidity, and efficiency. At its core, tokenization represents the digitization of assets into tokens recorded on a distributed ledger, allowing these assets to be bought, sold, and managed more effectively.
Why Startups Should Consider Fractional General Counsel Services
At Anderson P.C., we’re thrilled to announce that we now offer this innovative legal solution to startups. Our fractional GC services are designed to help founders focus on what they do best—building their business—while we handle the legal complexities. If you’re interested in learning more about how fractional General Counsel services can benefit your startup, contact us today.
The Evergreen Importance of Special Committees in Corporate Governance
Special committees have long been a cornerstone of corporate governance, particularly in situations involving conflicts of interest, significant transactions, or internal investigations. Their relevance persists, not just as a response to crises, but as a proactive measure to ensure transparency, fairness, and accountability in decision-making. As corporate transactions become more complex and scrutiny intensifies, the role of special committees remains indispensable.
Drafting Effective Board Resolutions: How to Appoint a Special Committee for Internal Investigations
In moments of crisis, such as allegations of misconduct or conflicts of interest, a company's board of directors must act decisively and transparently. One powerful tool at its disposal is the creation of a special committee to oversee internal investigations. This article explores the mechanics of drafting board resolutions to appoint such committees, leveraging insights and best practices from Anderson P.C., a boutique securities law firm specializing in governance and regulatory matters.
Court Grants Coinbase’s Motion for Interlocutory Appeal, Stays SEC Litigation
In a pivotal development for the cryptocurrency industry, Coinbase Inc. has successfully secured the right to pursue an interlocutory appeal in its ongoing legal battle with the Securities and Exchange Commission (SEC). This rare legal maneuver allows the U.S.-based cryptocurrency exchange to challenge a critical issue in the case before the litigation proceeds further.
Operation Chokepoint 2.0: Regulatory Overreach and the Battle for Crypto’s Future
In the wake of newly uncovered Federal Deposit Insurance Corporation (FDIC) documents obtained through Freedom of Information Act (FOIA) requests, the debate over “Operation Chokepoint 2.0” has escalated to a fever pitch.
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.
Should the SEC and CFTC Merge? A Comprehensive Analysis of a Long-Standing Debate
The longstanding debate over merging the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) has gained fresh urgency after Elon Musk and Vivek Ramaswamy have reignited the conversation. While advocates argue a merger could simplify crypto regulation and bolster systemic risk management, critics warn of operational disruptions and political resistance. This article revisits the history of the merger debate, its modern relevance, and its implications for the future of U.S. financial regulation.
Corporate Transparency Act Reporting Obligations Reinstated with New Deadlines
On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. government’s request for an emergency stay, effectively reinstating enforcement of the Corporate Transparency Act (CTA). The stay lifts a nationwide preliminary injunction issued earlier this month by the U.S. District Court for the Eastern District of Texas, which had temporarily blocked CTA compliance requirements and paused the January 1, 2025, reporting deadline.
Anderson’s Guide to Effective Independent Internal Investigations
Organizations face heightened scrutiny as financial misconduct, fraud, and ethical breaches become increasingly complex. A well-executed internal investigation is more than just a response to misconduct—it’s an opportunity to demonstrate accountability, strengthen compliance frameworks, and protect your organization’s reputation.
At Anderson P.C., we approach internal investigations with precision, independence, and the strategic foresight our clients demand. Whether you are addressing allegations of misconduct or reinforcing your compliance program, our tailored methodologies ensure thorough, defensible, and results-oriented outcomes.
A Quick Guide on AI in Corporate Compliance in 2025
As we step into 2025, artificial intelligence (AI) continues to redefine corporate landscapes, becoming both an asset and a focal point for regulatory scrutiny. In September 2024, the Department of Justice (DOJ) announced a significant shift in its Evaluation of Corporate Compliance Programs (ECCP), highlighting the risks associated with AI technologies. For organizations, this move underscores an urgent need to integrate AI risk management into their compliance frameworks.
The Supreme Court in 2025: A Conservative Court in a Changing America
The Supreme Court’s conservative majority reflects more than an ideological leaning—it mirrors the divisions and debates that define American society. For every voice warning of regression, another celebrates restraint and constitutional adherence. For every fear of rights curtailed, there’s a hope for balance restored. The Court’s decisions, however consequential, do not dictate the nation’s future.
Beware of Pig Butchering Schemes and the Growing Threat of Crypto Scams
2024 has seen alarming developments in the world of financial fraud, with North Korean hackers stealing a record $1.3 billion in cryptocurrency this year alone. According to a recent Chainalysis report, North Korean-linked hackers accounted for more than half of the $2.2 billion stolen from cryptocurrency platforms in 2024. While these state-sponsored cyberattacks pose a significant threat to national security, individual scams like pig butchering schemes are wreaking havoc on unsuspecting victims worldwide.