ECap22: Growing Beyond Operations: An Introduction To Ancillaries (Video)

Lowenstein Sandler achieves groundbreaking SEC no-action relief enabling zero cash balance brokerage accounts, while global regulators advance digital asset infrastructure and issue new guidance on AI supervision and prediction market contracts. How are these developments reshaping the intersection of traditional finance, emerging technology, and regulatory oversight?

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

On August 18, the U.S. Department of the Treasury published a notice of proposed rulemaking to implement Section 3 of the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act). The proposal would establish rules governing who may issue payment stablecoins in the United States and when digital asset service providers may offer, sell, or otherwise make payment stablecoins available to U.S. persons. Comments are due October 19, 2026.

Private credit markets are showing signs of stress, with enterprise software borrowers particularly vulnerable as AI disruption threatens their business models. Four critical warning signals—deteriorating credit health, rising PIK interest, mid-market concentration of defaults, and strategic misalignment with AI—suggest lenders need to shift from passive monitoring to active portfolio management before the 2028 debt maturity wall arrives.

Moore & Van Allen's Derivatives & Trading team provides comprehensive analysis of recent CFTC and SEC enforcement actions, proposed regulations on crypto assets...

On March 3, 2026, the International Swaps and Derivatives Association, Inc. (“ISDA”) and the Emerging Markets Traders Association (“EMTA”) published the 2026 FX Definitions (the “2026 FX Definitions”)...

A publicly traded fintech company has announced a $590 million acquisition of its longtime national bank partner, marking a strategic shift from the traditional bank-partnership model to direct ownership of a national bank charter. The transaction, expected to close in the first half of 2027 pending regulatory approvals, would make the fintech a bank holding company while consolidating its banking activities and eliminating certain sponsor-bank fees. This deal represents a faster alternative to pursuing a d

On March 28, 2025, the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation and Federal Reserve Board announced their collective intent to issue a proposal (the "Rescission Proposal")...

The SEC's Division of Investment Management has issued groundbreaking no-action relief allowing Franklin Templeton registered funds to custody tokenized shares of a blockchain-integrated government money market fund with an affiliated transfer agent. This marks the first time SEC staff has applied the Investment Company Act's self-custody framework to digital assets, establishing a precedent for how registered funds may hold tokenized securities using blockchain technology and multi-party computation protoc

Fiduciary relationships involve the delegation of authority to an agent who is charged with investing assets for the benefit of third-party beneficiaries.

This bulletin discusses and advises about the recent flurry of activity from the Trump Administration directing a freeze on the expenditure of certain federal funds. We summarize the current status of the now.

The White House has released a National Artificial Intelligence Legislative Framework and new executive orders aiming to establish a single, nationwide standard for AI regulation...

The DOJ/DHS Trade Fraud Task Force has recovered over $1 billion in enforcement actions within its first year, signaling a permanent shift in federal customs enforcement priorities. With the creation of a dedicated Global Trade & Commerce Enforcement Section and new Resource Guide, companies face heightened scrutiny over supply chain compliance and country-of-origin declarations. How will this aggressive enforcement posture reshape corporate compliance strategies and criminal exposure for importers?

State-law class actions targeting automatic renewal and subscription practices are accelerating, creating significant litigation risk for companies that rely on recurring revenue models. Recent settlements demonstrate that even technical compliance failures can lead to seven-figure exposure, with California, Illinois, and Virginia statutes driving the most aggressive litigation.

Crafting an AI Governance policy best suited for your business requires careful consideration of the types of AI, how AI will be used, current and future legislation...

The FTC’s proposed August 2026 enforcement policy makes AI-driven personalized pricing a key enforcement focus, warning that businesses may violate Section 5 if they use consumer data to tailor prices without clearly disclosing the practice and the data behind it.

The Centers for Medicare & Medicaid Services has launched a groundbreaking 10-year Accountable Care Organization program that promises unprecedented benchmark stability and financial flexibility for healthcare providers. With applications due by May 17, 2026, the Long-term Enhanced ACO Design (LEAD) Model introduces innovative payment mechanisms, specialist integration pathways, and enhanced support for high-needs populations that could fundamentally reshape value-based care delivery through 2036.

The Department of Justice has significantly restructured its fraud enforcement apparatus through the creation of the National Fraud Enforcement Division, consolidating previously separate units under centralized White House-aligned leadership. This reorganization grants the NFED operational control over the Criminal Division's Tax Section, Health Care Fraud Unit, and Market, Government, and Consumer Fraud Unit, while requiring all U.S. Attorneys' Offices to designate dedicated liaisons.

The Ninth Circuit's recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration.

Terminating a vendor relationship is not as simple as stopping performance. Companies should carefully follow the contract’s termination provisions, including notice requirements, cure periods and other procedural obligations. Failure to do so can create breach-of-contract claims even when vendor performance issues exist.