In a recent Law360 article, Baker McKenzie partners David Zaslowsky and Peter Chan explore how the US Digital Asset Market Clarity Act, though still pending in Congress, can be used to influence litigation strategy in crypto‑related matters in terms of shaping how courts, regulators and litigants view questions of jurisdiction, classification and regulatory uncertainty.
David and Peter explain that even before enactment, the Clarity Act can be used to strengthen fair‑notice and due‑process arguments, support stays or sequencing under primary‑jurisdiction principles, influence remedies toward forward‑looking compliance rather than punitive sanctions, and recalibrate settlement dynamics, as regulatory clarity approaches. They note that, for companies and counsel involved in digital asset litigation, the Clarity Act is no longer just future legislation to monitor—it should be viewed as a meaningful strategic consideration.
Read the full article here.
How To Wield The Clarity Act As A Litigation Defense Tool
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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 technology-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.
Peter Chan brings more than two decades of experience at the US Securities and Exchange Commission (SEC) to his litigation, enforcement defense, and regulatory counseling practice. He represents corporations, financial services firms, investment advisers, broker- dealers, pension funds, audit firms, and senior executives in investigations, examinations, and enforcement actions by the SEC and other regulators, and advises clients on compliance, governance, and risk assessment matters. Peter began his legal career as a corporate and securities associate at Baker McKenzie, where he worked under his Northwestern Law professor and mentor, former SEC Chair David Ruder, on complex securities law matters. He subsequently served for nearly 20 years in the SEC’s Division of Enforcement in the Chicago Regional Office, ultimately as Assistant Regional Director.