Search Results: SEC

Goodwin Insight: “Regulation by Enforcement” in the Digital Asset Industry: A Lagging Response to Stale Facts

In this Goodwin Insight, Karen Ubell, Mitzi Chang, and Adam Fovent discuss how reliance on enforcement as the principal tool for regulation is beset by fundamental limitations as a means of policymaking and setting regulatory expectations for a nascent and rapidly evolving technology and industry. To read more, click here.

Read More

Goodwin Shares 2022 Year in Review: Digital Currency and Blockchain Litigation and Enforcement Developments

Throughout a tumultuous 2022, the digital currency and blockchain space saw a number of significant investigation, litigation, and enforcement matters as regulators continue their laser focus on the industry. Our 2022 Year in Review, authored by members of Goodwin’s leading Digital Currency and Blockchain team, recaps the most significant litigation…

Read More

U.S. Crypto Regulation: Less Conversation, More Action (International Financial Law Review)

The plethora of public statements and draft legislation published over the past few months in the US as part of the effort to define a regulatory framework for digital assets have all but failed to bring market participants the clarity they need. Just last week, the White House published a…

Read More

‘Our Rules Have To Evolve’: The Crypto Industry Is Trapped In Regulatory Purgatory (Fortune)

Many in the crypto industry have been calling for clear guidance from government regulators, especially as new sectors like DeFi evolve and high-profile companies collapse. Jonathan Shapiro, Complex Litigation & Dispute Resolution partner, said that SEC registration creates new challenges for companies and investors, especially because they haven’t been issued explicit guidance. “There’s…

Read More

White House Crypto Framework Should Inform SEC Approach (Law360)

The White House recently published a “Framework for Responsible Development of Digital Assets,” following up on President Joe Biden’s executive order on digital assets earlier this year, which set forth six principal policy objectives in furtherance of U.S. initiatives in the crypto and digital asset space. The framework directs financial…

Read More

U.S. Crypto Regulation and the Digital Commodities Consumer Protection Act

Goodwin partner Grant Fondo was recently interviewed on CoinDesk TV in regards to the Digital Commodities Consumer Protection Act that was introduced on Wednesday, August 3, 2022. The proposed legislation suggests that the CFTC should control crypto spot markets, specifically bitcoin and ether, which the bill classifies as commodities. To…

Read More

SEC Alleges "Crypto Asset Securities" Insider Trading; Case Has Significant Implications for the Digital Asset Industry

On July 21, 2022, the SEC charged three individuals with insider trading of digital assets via a scheme to trade ahead of multiple announcements regarding crypto assets being made available on a United States-based digital asset exchange at which one individual was a former product manager. In the complaint, the SEC identifies…

Read More

Is the SEC's Expansion of the "Exchange" and "Dealer" Definitions Part of the Agency's Crypto and DeFi Strategy?

In March 2022, the U.S. Securities and Exchange Commission proposed rules that would greatly expand the Exchange Act definition of “dealer” and essentially kill the distinction between dealers and traders long-recognized by the SEC. The likely outcome is that most proprietary trading firms will need to register with the SEC as…

Read More