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Second Circuit Vacates NFT “Insider Trading” Conviction in United States v. Chastain—Clarifies Property Rights in Confidential Information Under Wire Fraud Statute
On July 31, 2025, the US Court of Appeals for the Second Circuit vacated the conviction of Nathaniel Chastain, a former OpenSea executive, for wire fraud and money laundering in connection with an alleged scheme to use confidential information to trade non-fungible tokens (NFTs). The case had been hailed as the first-ever insider trading prosecution involving digital assets....By: Mayer Brown
Nasdaq Proposes Rule Changes to Tokenize Equity Securities and Exchange-traded Products
On September 8, The Nasdaq Stock Market LLC (Nasdaq) filed a Form 19b-4 with the Securities and Exchange Commission (SEC), proposing rule changes that would allow trading of equity securities and exchange-traded products (ETPs) in “tokenized form” on Nasdaq....By: DLA Piper
Employee Stock Ownership Plan: How to Leverage Stock Appreciation Rights and Warrants
When a company is contemplating a transaction involving an employee stock ownership plan (“ESOP”), there are a lot of considerations regarding structure, including how to retain, incentivize and reward key individuals. One set of considerations is stock appreciation rights (“SARs”) and warrants, both of which may be utilized as part of the structuring of an ESOP transaction to provide benefits to the key individuals of a business....By: Hinckley Allen
UK Pensions: What’s New This Week? September 2025 # 4
Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions....By: A&O Shearman
New IRS Guidance on Tax Treaties Provides Reassurance for Common US Cross-Border Investment Structures
In a general legal advice memorandum dated September 8, 2025, with a release date of September 19 (the “GLAM”), the Chief Counsel’s office of the Internal Revenue Service (“IRS”) addressed the application of the US branch profits tax (sometimes referred to as “BPT”) to income earned through non-US entities claiming treaty benefits on behalf of their owners, where the entity in question is fiscally transparent under the tax laws of the treaty partner, but has made an election to be or is...By: Mayer Brown
FTC bans two individuals from debt relief industry in $45M+ judgment
On September 9, two court orders were entered against individuals involved in the student loan debt relief industry. The individuals were barred from the debt relief industry and ordered to pay civil money penalties as well as turn over assets to resolve charges against them....By: Orrick, Herrington & Sutcliffe LLP
Reform of the EU Securitisation Framework—Part 10: Changes to the Liquidity Coverage Ratio (LCR) Regulation
On 17 June 2025, the European Commission (the "Commission") published its proposed measures to revive the securitisation framework in the European Union ("EU"), with a view to making it simpler and more fit for purpose. This Commentary is the tenth (and last) in our "Reform of the EU Securitisation Framework" series, which addresses each of the key elements of the proposals in more detail....By: Jones Day
Hong Kong extends cross-border retail fund distribution network to the Middle East: Mutual recognition of funds between the United Arab Emirates and Hong Kong
The newly established mutual recognition of funds arrangement (“MRF”) between the United Arab Emirates (“UAE”) and Hong Kong (“UAE-HK MRF”) aims to facilitate a streamlined process of authorisation of eligible Hong Kong-domiciled and UAE-domiciled retail funds to be offered to the public of the UAE and Hong Kong, respectively, on a cross-border basis, and will be subject to the joint supervision of the Securities and Futures Commission (“SFC”) in Hong Kong and the Securities and Commodities...By: Hogan Lovells
SEC Says It's a "New Day": A New Agenda and New Leadership
On September 4, 2025, the Securities and Exchange Commission ("SEC") released its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (the "Agenda"), providing insight into the SEC's rulemaking priorities under Chairman Paul Atkins....By: Jones Day
HL UK Pensions Law Digest 22 September 2025
Pensions Regulator: revised enforcement strategy - The Pensions Regulator (TPR) is consulting on a revised enforcement strategy, aimed at making its enforcement “smarter, more strategic and more impactful”. TPR explains that its changed approach includes:...By: Hogan Lovells
CFPB publishes its unified agenda for spring 2025
Recently, the U.S. Office of Management and Budget received the CFPB’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, outlining 25 regulatory activities at different stages of the administrative process....By: Orrick, Herrington & Sutcliffe LLP
[Webinar] Navigating the New Frontier: Digital Assets Top Legal & Compliance Challenges - October 14th, 1:00 pm - 2:00 pm ET
As the digital assets industry matures, the legal and compliance landscape is evolving rapidly. Join us for a high-impact one-hour free webinar designed for legal, compliance, and fintech professionals navigating the complexities of crypto regulation in 2025. This session will unpack the most pressing challenges and offer actionable insights to help your organization stay ahead of the curve....By: American Conference Institute (ACI)
Responses to the SEC's Concept Release on Foreign Private Issuer Eligibility
On June 4, 2025, the U.S. Securities and Exchange Commission published a Concept Release on Foreign Private Issuer Eligibility soliciting public comment on proposed changes to the definition of foreign private issuer. As of September 10, approximately 70 response letters to the concept release were published on the SEC’s website. This alert summarized the main themes, ideas and recommendations of these letters....By: Mayer Brown
Weekly Blockchain Blog – September 2025 #3
US Digital Asset and Fintech Companies Announce Stablecoin Initiatives - According to recent reports, Tether, the issuer of the USDT stablecoin, has announced plans to launch USAT, a stablecoin that would be regulated in the U.S. under the recently enacted GENIUS Act. USAT will reportedly launch using Tether’s proprietary tokenization platform, Hadron, with Anchorage Digital as the issuer and a major investment bank acting as the reserve custodian and preferred primary dealer....By: BakerHostetler
Why America Needs AI-Powered Maritime-Inspired Digital Asset Recovery Now: The Critical Gap in Crypto Legislation
Abandoned and dormant crypto represent a national security risk that can be addressed through the creative application of maritime law....By: Womble Bond Dickinson
Florida Bankruptcy Court: Proposed DIP Financing and Sale Framework for Administratively Insolvent Debtors Did Not Violate Jevic's Prohibition of Priority-Deviating Distributions
The U.S. Supreme Court ruled in Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017), that the Bankruptcy Code prohibits final distributions to creditors that deviate from the Bankruptcy Code's priority scheme as part of a "structured dismissal" of a chapter 11 case without the consent of affected creditors. Since then, courts have been called upon to determine whether the rationale of Jevic extends to other contexts, such as proposed settlements and bankruptcy asset sales....By: Jones Day
OCC announces forthcoming changes to its organizational structure
On September 18, the OCC announced a new organizational structure for bank supervision, effective October 1, replacing its Bank Supervision and Examination group with three lines of business....By: Orrick, Herrington & Sutcliffe LLP
Essential Strategies for North Carolina Creditors: Foreclosures, Fraudulent Transfers, and Piercing the Corporate Veil
Upon default, the initial instinct may be to rush to foreclose. However, taking time to evaluate certain factors at the outset can prevent complications and maximize recovery potential. Factors to evaluate include......By: Ward and Smith, P.A.
Senate Confirms Miran to the Fed, SEC Focuses on Project Crypto and OCC Appoints Senior Deputy Comptroller
This week’s crypto policy developments show both congressional and regulatory momentum. The Senate confirmed Stephen Miran to the Federal Reserve Board, positioning him to participate in the September Federal Open Market Committee meeting. The SEC Chair Paul Atkins outlined his vision for Project Crypto at the OECD Roundtable, signaling the agency’s intent to provide clear rules of the road, enable capital formation on-chain and permit innovation in “super-app” trading platforms that combine...By: Paul Hastings LLP
Investments In Nuclear Energy and Natural Gas Can Qualify As Sustainable
On September 10, 2025, the European Court of Justice held that the European Commission was entitled to take the view that nuclear and gas-fired power can be classified as sustainable investments under the EU's Taxonomy Regulation....By: Jones Day
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