BarbriSFCourseDetails

Course Details

This CLE webinar will provide an up-to-date analysis of the regulatory and enforcement framework for digital assets, examining recent litigation and proposed legislation and discussing how these assets will likely be governed under the second Trump administration.

Faculty

Description

Public and investor interest in digital assets has surged over recent years. While products and applications continue to evolve rapidly, investing in digital assets remains highly risky. With compliance standards both uncertain and in flux, counsel advising issuers and investors must navigate an increasingly complex and shifting regulatory and enforcement landscape.

On Jan. 23, 2025, President Trump signed an executive order establishing a Presidential Working Group on Digital Asset Markets to develop a federal regulatory framework and explore policies to support the digital assets industry. In line with this initiative, the SEC announced a new Crypto Task Force dedicated to creating clearer regulations for crypto assets. These actions reflect the administration's pro-crypto stance and will shape the regulatory landscape in the months and years ahead.

Meanwhile, proposed legislation and key court cases stand to redefine how digital assets are governed, traded, and regulated in the U.S. These developments present opportunities to clarify how traditional legal frameworks apply to digital assets and could significantly impact the future of digital asset innovation.

Listen as our authoritative panel explores the current developments, emerging changes, future trends, and key issues to monitor in the digital assets space.

Outline

  1. Overview and history of digital assets in the U.S.
  2. The Howey test and its application in SEC enforcement actions
    1. Key elements of the Howey test
    2. Differences of opinion among SEC Commissioners
  3. Proposed legislation on crypto assets (H.R. 4763)
  4. Key cases that could reshape digital asset regulation
  5. SEC's Crypto Assets and Cyber Unit Task Force
  6. President Trump's Executive Order date Jan. 23, 2025
  7. Practitioner pointers and key takeaways

Benefits

The panel will cover key issues, including:

  • What is the Howey test, and how has it been applied in SEC enforcement actions?
  • What digital asset priorities are outlined in President Trump's executive order and assigned to the SEC's Crypto Task Force?
  • How might court cases shape the future of digital asset regulation in the U.S.?
  • What are the critical aspects of proposed crypto asset legislation?