In 2013, the U.S. Securities and Exchange Commission was asked for the first time to approve a Bitcoin exchange-traded fund. That request was denied. More than a dozen other applications followed, each resulting in denial. With at least six applications pending, and a number of changed circumstances, it is hoped that the SEC is finally ready to approve Bitcoin ETFs. For a more detailed discussion of the state of play of Bitcoin ETFs, you can review our article published recently in the New York Law Journal. Click here for the article.
The State of Play of Bitcoin ETFs
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David Zaslowsky
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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.