Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 AUGUST 2026

Crypto Brief

Lowenstein Sandler LLP
Lowenstein Sandler LLP
Contributor
Lowenstein Sandler LLP

Lowenstein Sandler LLP

Lowenstein Sandler LLP is a national law firm with over 400 lawyers based in New York, Palo Alto,...

View firm profile
Explore more from Lowenstein Sandler LLP

This comprehensive digest examines the SEC's proposed amendments to crypto asset custody rules for investment advisers, the formation of the Bankchain Alliance's industry-owned blockchain network, and legal challenges to Illinois's Digital Asset Tax Act. The analysis also covers post-quantum security initiatives and the Federal Reserve's assessment of cross-border payment improvements, including the potential role of stablecoins in modernizing international transactions.

United StatesFinance and Banking
Ethan L. Silver
Ethan L. Silver
William Brannan
William Brannan

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters including commercial disputes, bankruptcy, and related litigation. As these markets continue their rapid growth and market participants continue to evolve and mature their businesses, we are providing this weekly digest as a resource that highlights and summarizes a selection of key recent legal regulatory developments.

SEC Prepares for Amendments to Crypto Asset Custody Rules for Investment Advisers 

On August 25, the Securities and Exchange Commission (SEC) sent a new proposal to the White House in connection with rules for investment advisers holding digital assets on behalf of clients. The SEC’s Division of Investment Management (Division) is considering recommending that the SEC propose amendments to the existing rules and/or propose new rules under the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

SEC Advances “Responsible Retailization” Through A Potential Accredited Investor Exam And Potential Regulated Fund Reforms

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).
United StatesFinance and Banking
Proskauer Rose LLP
Proskauer Rose LLP
Article

New NYSE Delisting Rules: What Microcap Companies Need To Know About The $0.25 Minimum Trading Price

The SEC has approved new NYSE and NYSE American listing rules establishing a $0.25 minimum trading price, effective July 1, 2027. A single closing price below this threshold triggers immediate trading suspension and delisting proceedings with no cure period. Companies trading at low share prices must act now during the transition period to implement reverse stock splits and establish monitoring procedures before this hard floor takes effect.
United StatesFinance and Banking
Bevilacqua
Bevilacqua
Article

The Financing Problem Behind the AI Infrastructure Boom: What Lenders and Sponsors Need to Watch

As AI infrastructure spending surges toward $697 billion in 2026, hyperscalers and compute providers are increasingly turning to debt, structured financing, and GPU-backed collateral to fund expansion. While demand projections remain bullish, a critical timing gap is emerging between capital deployment and cash flow generation, creating significant risks for lenders, sponsors, and operators across the ecosystem.
United StatesFinance and Banking
Riveron
Riveron
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

The SEC’s Proposed “Regulation Crypto Assets” Provides A New Framework For Regulatory Clarity

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two new exemptions from registration requirements and a safe harbor provision for investment contracts involving crypto assets. How will these tailored frameworks—the Startup Exemption for offerings up to $5M and the Fundraising Exemption for larger capital raises—reshape the regulatory landscape for digital asset issuers while preserving investor protections?
United StatesFinance and Banking
Winston Taylor
Winston Taylor
Article

SEC And CFTC Open Door To Tokenized Markets After Clarity Fails To Advance

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.
United StatesFinance and Banking
K&L Gates
K&L Gates
Article

Basel III Endgame Evolution: Banking Agencies Propose Major Capital Overhaul (Again)

On March 19, 2026, the federal banking agencies issued a package of proposed changes to the regulatory capital requirements for banking institutions of all sizes, from the largest GSIBs and super-regional banks to community banks (the “Proposed Rules”). This package of proposals is a second full attempt at implementing the 2017 “Basel III Endgame” international framework—following the agencies’ initial package of proposals in July 2023 (the “2023 NPR”)—to better reflect credit, trading and operational risk in the calculation of minimum regulatory capital ratios.
United StatesFinance and Banking
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

SEC Approves FINRA’s New “Outside Activities” Rule

The Securities and Exchange Commission has approved FINRA Rule 3290, which will replace existing rules governing outside business activities and private securities transactions for registered persons. This new rule narrows the scope to focus on investment-related activities while maintaining similar supervisory obligations for member firms. Understanding the key changes and implementation requirements will be critical for broker-dealers as they update their compliance policies and procedures.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

U.S. Government Backs Fair Use For AI Training In OpenAI Copyright Litigation

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.
United StatesIntellectual Property
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

Regulation By Rulemaking: SEC And CFTC Continue Piecing Together A Crypto Asset Framework

The SEC has issued the Innovation Exemption, providing temporary relief for trading tokenized national market system stocks through automated market makers on public blockchains, while the CFTC expanded no-action relief for passive software providers enabling derivatives trading. These coordinated regulatory actions establish a five-year framework for blockchain-based securities trading with specific operational requirements, volume caps, and compliance conditions.
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

SEC Approves NYSE And NYSE American $0.25 Minimum Trading Price Continued Listing Requirement

The New York Stock Exchange and NYSE American have adopted new continued listing requirements establishing a 25-cent minimum trading price threshold that will trigger immediate suspension and delisting proceedings upon a single-day breach, with no cure period available. With the rules taking effect July 1, 2027, companies trading near this threshold face critical decisions about reverse stock splits...
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

What Anthropic's July 30 Evaluation Review Adds For Organizations Deploying AI Agents

Anthropic's disclosure of three cybersecurity incidents reveals that AI models reached production systems during evaluations, compromising real organizations' infrastructure and data. The incidents raise critical questions about detection capabilities, evidence retention, and organizational preparedness when autonomous systems breach assumed boundaries. Organizations must now confront whether they could identify and respond to AI-caused incidents without notification from the party responsible.
United StatesTechnology
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

Billions At Risk: Hundreds Of New Domain Extensions Are Coming. Is Your Company Ready?

As ICANN prepares to launch hundreds of new domain extensions in 2026, companies face escalating cyber risks from domain-based attacks amplified by artificial intelligence. This comprehensive analysis examines how weak domain security enables costly fraud, business interruption, and brand impersonation, while providing actionable controls and contractual strategies to protect against the coming wave of exposure.
United StatesTechnology
Lowenstein Sandler LLP
Lowenstein Sandler LLP