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ARTICLE · 19 OCTOBER 2026

Crypto Brief

Lowenstein Sandler LLP
Lowenstein Sandler LLP
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Lowenstein Sandler LLP

Lowenstein Sandler LLP

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

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This weekly digest from Lowenstein Crypto examines four significant regulatory developments shaping the digital asset landscape, including the CFTC's proposed framework for crypto asset transactions, FinCEN's withdrawal of its controversial mixing rule, the IRS's updated safe harbor for staking activities, and ESMA's compliance deadline for stablecoin services. These developments signal evolving regulatory approaches across multiple jurisdictions as authorities work to establish comprehensive oversight of c

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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.


CFTC Issues Advance Notice of Proposed Rulemaking on Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets

On October 5, the Commodity Futures Trading Commission (CFTC) released an advance notice of proposed rulemaking (ANPRM) addressing transactions subject to Section 2(c)(2)(D) of the Commodity Exchange Act (CEA), announcing its intent to establish “fit-for-purpose” rules for leveraged, margined, or financed retail

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