Blockchain Legal Resource

On April 8, 2025, Acting CFTC Chairman Caroline D. Pham issued Release Number 9063-25 regarding the digital asset industry. The release favorably cites a recent DOJ memorandum on the digital asset industry, and it instructs the CFTC staff to comply with President Trump’s executive orders regarding digital assets enforcement priorities and charging considerations.

On April 7, 2025, Deputy Attorney General Todd Blanche issued a memorandum to all DOJ employees entitled “Ending Regulation By Prosecution.” The memorandum describes DOJ’s new priorities regarding prosecution of crimes involving digital assets and the broader cryptocurrency industry.

On April 4, 2025, Staff in the SEC’s Division of Corporation Finance issued a public statement on stablecoins. The statement opines that the offer and sale of “covered stablecoins” do not involve the offer and sale of securities, and that persons involved in minting covered stablecoins do not need to register their offer and sale with the SEC.

Following President Trump’s Executive Order on Digital Assets, which instructed agencies to streamline and rationalize regulation of the digital asset space in a way that is technology-neutral, federal agencies have been responding. Below we summarize recent activities by the Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC) and Commodity Futures Trading Commission (CFTC).

On March 6, 2025, President Trump issued an executive order entitled “Establishment of the Strategic Bitcoin Reserve and United States Digital Asset Stockpile.” It is the latest effort in the President’s sweeping reforms concerning the digital asset industry.

On February 27, 2025, staff in the SEC’s Division of Corporation Finance issued a public statement on so-called meme coins. According to the statement, meme coins meeting certain specified conditions will not be deemed securities for purposes of the federal securities laws.

On February 21, 2025, SEC Commissioner Hester Peirce released a public statement seeking public comment on a variety of issues regarding crypto assets. It is the latest announcement from the SEC’s crypto task force.

After unsuccessful past efforts to enact federal legislation regulating stablecoins, Congress has again turned to stablecoins. While it is always difficult to predict whether any bill will pass, there seems to be growing support in the current Congress, with the Senate Banking Committee and House Financial Services committee working closely together to adopt legislation.

In a wide-ranging public statement entitled “The Journey Begins,” SEC Commissioner Hester Peirce previewed next steps for the SEC’s Crypto Task Force. As chair of the Crypto Task Force, Commissioner Peirce’s statement lays out a broad agenda for the SEC’s approach to cryptocurrency over the next four years.

Under Chair Tim Scott (R-SC), the Senate Committee on Banking, Housing and Urban Affairs has announced several policy objectives favorable to the digital asset industry. We expect the Committee to take a more favorable view of the industry during the next Congress than in years past.