On September 8, 2025, the Nasdaq Stock Market submitted a proposed rule change to the Securities and Exchange Commission that, if implemented, would allow for the trading and settlement of tokenized securities. Nasdaq points out that even traditional securities are traded in electronic format, and that it should not be a stretch to allow settlement using
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Licensed to Mint: Inside the GENIUS Act’s Game-Changing Rules
In July 2025, President Donald Trump signed the bipartisan-supported Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act” or the “Act”) into law. The GENIUS Act is the first major federal law that specifically regulates the cryptocurrency industry, establishing a comprehensive regulatory framework for payment stablecoins in the U.S. The…
Crypto in the Capitol: States Take the Lead on Strategic Bitcoin Reserves
As the digital economy continues to evolve, the U.S. government and a handful of states are beginning to experiment with new strategies for financial resilience, including the creation of Strategic Bitcoin Reserves (“SBR”). An SBR is a financial policy tool where a government entity, such as a U.S. state, allocates a portion of assets to…
Do Stablecoin Patent Applications Signal a Cryptocurrency Evolution?
Stablecoins have emerged as one of the most transformative innovations in the cryptocurrency space, bridging the gap between the volatility of traditional cryptocurrencies like Bitcoin and the stability demanded by mainstream financial systems. This rise has brought with it a wave of innovation, and nowhere is this more apparent than in the growing number of…
Digital Assets: What to Expect from the Incoming Administration and Congress
The Trump Administration and the new Republican-led Congress are expected to create a friendlier governmental approach to crypto assets. Among other things, key nominees to serve as senior administration officials are known to favor a friendlier approach, including Paul Atkins, who has been tapped to become Chairman of the Securities & Exchange Commission. In Congress,…
Enforceable Terms and Arbitration Provisions Important for Providers in Current Crypto Cyberthreat Environment
According to a recent Bloomberg Law article [subscription required], in the past year there has been a sharp decline in active civil suits against cryptocurrency exchanges, digital wallet, mobile phone providers and others involving claims related to crypto hacking incidents or cybertheft, due, in part, to increased security protocols and concerted electronic contracting legal strategies…
SEC Approves Exchange Listing Applications for Spot Bitcoin ETPs
On January 10, 2024, the Securities and Exchange Commission (“SEC”) issued an order approving the applications of 11 different spot Bitcoin exchange‑traded products (the “Approved ETPs”) to each list and trade their shares on a national securities exchange. As a result, each Approved ETP is expected to commence trading on either the NYSE Arca, Inc.,…
Don’t Get Caught Up in the Mix: OFAC Sanctions Another Crypto Mixer for Potential Violations of Sanctions Regulations and FinCEN Proposes New Rule
U.S. government agencies continue to take action against cryptocurrency mixing services that enable cybercriminals to obfuscate the trail of stolen proceeds on public blockchains stemming from illicit cyber activity. On November 29, 2023, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) sanctioned another virtual currency mixing service, Sinbad.io, for “serving as…
The Investment Association Publishes a “Blueprint” for Fund Tokenisation in the UK
On 24 November 2023, the Investment Association published a report on behalf of the wider Technology Working Group to the UK Government’s Asset Management Taskforce (the “Working Group”) on a “Blueprint” for the implementation of a fund tokenisation regime in the UK (the “Tokenisation Report”).
The Financial Conduct Authority (“FCA”) which, along with HM Treasury…
Part II: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments
As discussed in Part I of this series, NFT-based lending is pioneering a new avenue of investment and activity on the blockchain that will enable new and innovative use cases. In this Part II, we will discuss the implications for Lenders.
I. Issues for Lenders:
These on-chain loans secured by digital assets present a…
