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…
California’s long‑anticipated digital asset licensing regime has finally arrived. Beginning today – Monday, March 9, 2026 – the California Department of Financial Protection and Innovation (“DFPI”) will be accepting license applications under the state’s Digital Financial Assets Law (“DFAL”). This marks the true operational start of California’s digital asset regulatory framework, and the beginning of the compliance clock for companies operating in California, placing the DFPI alongside the New York State Department of Financial Services…
The Australian Securities and Investments Commission (ASIC) has released important updates to its guidance in INFO 225 on the regulation of digital assets, including in relation to digital asset exchanges, digital wallets, tokenisation, and offshore digital asset businesses promoting, selling or providing services in relation to digital assets in Australia. The significance of these updates is that, if a digital asset is a “financial product,” the entity issuing, dealing in, advising on, or providing a…
In a significant move that has the potential to reshape the global regulatory landscape for digital assets, the United Kingdom and the United States have jointly launched the Transatlantic Task Force for Markets of the Future. Announced during U.S. President Donald Trump’s state visit to the U.K. in September 2025, this initiative marks a significant step toward regulatory harmonization between two of the world’s most influential financial jurisdictions. The task force, co-chaired by officials from…
Thailand’s new Emergency Decree on technological crime imposes shared liability on financial institutions, digital asset operators, and related service providers for fraud losses, unless they meet regulatory standards. In response, the SEC has issued new requirements targeting mule accounts used in illicit transactions, requiring enhanced due diligence and account controls. Digital asset operators must strengthen onboarding, monitor transactions more closely, and suspend suspicious accounts to ensure compliance. For a more detailed analysis, click here.
One of the persistent complaints over the way the U.S. Securities and Exchange Commission has operated in the digital asset space is its failure to issue clear guidelines. Within days of the inauguration of President Trump, and consistent with SEC acting Chairman Mark Uyeda’s commitment to shifting the regulator toward setting clear guidelines for digital assets, on January 23, 2025, the SEC issued Staff Accounting Bulletin (SAB) No. 122, effectively rescinding the controversial SAB No.…
When President Trump nominated Caroline Crenshaw as a Commissioner of the U.S. Securities and Exchange Commission in 2020, she was confirmed unanimously by the Senate. President Biden renominated Commissioner Crenshaw earlier this year but the Senate did not vote on the confirmation prior to the November 5 election. A vote by the Senate Banking Committee was supposed to take place during a meeting this past Wednesday, December 11, 2024, but the meeting was postponed at…
The Monetary Authority of Singapore (MAS) has taken a significant step towards regulating the burgeoning digital asset market by publishing a consultation paper setting out the regulatory regime that will apply to digital token service providers providing services outside of Singapore under the Financial Services and Markets Act (FSMA). The MAS first consulted on this regulatory regime in 2020. This was, among other enhancements to the existing regulatory framework, a response to the Financial Action…
In the United States, the Form 1099 has been used for years by investment firms to report investment income of their customers. As a result of final regulations (the “Final Regulations”) that the United States Internal Revenue Service issued on June 28, 2024, there will now be a Form 1099-DA (not yet released) on which custodial brokers will be required to report sales and exchanges of digital assets, including cryptocurrency. The reporting requirement will go…