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…
IRS Form 1099-DA, “Digital Asset Proceeds,” is being rolled out starting with the 2025 tax year. With this new form, the federal government is moving crypto reporting toward the familiar broker-based regime long used for stocks and bonds. However, for those who actively engage with decentralized finance (DeFi), Form 1099-DA may cause increased confusion, inaccurate reporting, and heightened audit risk stemming from the mismatch between how crypto transactions actually function and how they will be…
On February 26, 2026, a bipartisan group of U.S. House members introduced the Promoting Innovation in Blockchain Development Act of 2026 (the “Blockchain Development Act”), a narrowly targeted but potentially consequential piece of legislation aimed at clarifying criminal liability for blockchain software developers. Sponsored by Representatives Scott Fitzgerald (R‑WI), Ben Cline (R‑VA), and Zoe Lofgren (D‑CA), the bill responds directly to years of legal uncertainty surrounding whether developers of noncustodial, open‑source blockchain software can be…
On January 29, 2026, the U.S. Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) held a closely watched joint public meeting on cryptocurrency regulation and market structure. Led by SEC Chair Paul Atkins and CFTC Chair Michael Selig, the meeting marked one of the most visible efforts in years to present a coordinated federal regulatory approach to digital assets. While the meeting did not result in new rules, its importance lies…
Gemini Trust Company (“Gemini”) is a New York‑based cryptocurrency trust company founded by Tyler and Cameron Winklevoss. The associated cryptocurrency exchange is now known as Gemini Space Station. The Securities and Exchange Commission’s 2023 lawsuit against Gemini was one of the most closely watched legal battles to emerge from the turmoil of the 2022 crypto‑market collapses. On January 23, 2026, the lawsuit came to an end with a dismissal of the case. The Underlying Lawsuit…
Earlier this week, the Senate Banking Committee appeared poised to advance the Digital Asset Market CLARITY Act, a sweeping effort to establish a comprehensive federal framework for digital assets. The legislation passed the House during last summer’s “Crypto Week.” See our post here. The momentum evaporated after leading industry participants publicly withdrew support for the bill’s revised text. Within hours, on January 14, committee leadership delayed the markup, with no new date announced. The Senate’s sudden…
In a decision on December 30, 2025, Judge Roy Altman of the of the U.S. District Court for the Southern District of Florida dismissed a putative class action lawsuit against Mark Cuban and the Dallas Mavericks basketball team. Karnas v. Cuban, No. 22-cv-22538- Altman (S.D. Fla. Dec. 30, 2025). The suit alleged wrongdoing related to their marketing of a cryptocurrency platform. Background (from the Complaint) Voyager Digital, LLC (“Voyager”) launched the “Voyager Platform” in October…
On December 17, 2025, the Staff of the Division of Trading and Markets (the “Division”) of the U.S. Securities and Exchange Commission (“SEC”) issued a Statement explaining its views on the application of paragraph (b)(1) of SEC Rule 15c3-3 to broker-dealers seeking to establish custody of crypto asset securities. Rule 15c3‑3, commonly called the Customer Protection Rule, requires broker-dealers to maintain physical possession or control of all fully paid and excess margin securities held for customers. Historically,…
In a groundbreaking move, in late November 2025, Texas executed a $5 million purchase of Bitcoin, marking the launch of its Strategic Bitcoin Reserve under Senate Bill 21 (SB 21), which was passed earlier in 2025. Although the purchase is only a modest investment in amount (compared to the state’s roughly $338 billion budget), the symbolic meaning is much greater in terms of demonstrating that a major political entity views Bitcoin not as speculation but as…
On December 4, 2025, the U.S. Commodity Futures Trading Commission (CFTC) announced that spot cryptocurrency products will begin trading for the first time on federally registered futures exchanges. This decision, announced by Acting Chair Caroline Pham, is part of a deliberate effort to bring the largely offshore and sometimes volatile spot crypto market under a U.S. regulatory umbrella, offering investors the robust customer protections and market integrity associated with century-old federal standards. Under this new framework,…