Insights

Rulemaking on Prediction Markets: Key Takeaways from CFTC ANPR
Derivatives Pamela Geraghty, Andrew Bonney Risk Management & ComplianceSummary
Situation Overview: On March 12, the Commodity Futures Trading Commission (CFTC) issued an Advanced Notice of Proposed Rulemaking (ANPR) relating to event contracts traded on prediction markets. This ANPR constitutes one of the most…

Combatting AI-Enabled Fraud – A Top Financial Crime Threat
AML, Sanctions, & CFIUS Diane Daley, Heather Espinosa Risk Management & ComplianceSummary
Situation Overview: In January 2026, the Association of Certified Anti-Money Laundering Specialists (ACAMS) published its 2026 Global Anti-Financial Crime Threats Report (ACAMS Report). The ACAMS Report identified artificial intelligence…

Prediction Market Surveillance: CFTC Advisory and SRO Enforcement Action
Derivatives Colm Davidson, Harper Swope, Robert Lulgjuraj, Tim Brown, Sudhir Jain Risk Management & ComplianceSummary
Situation Overview: Kalshi announced that it pursued enforcement actions against two participants for alleged manipulative trading activity. The CFTC also issued a related Prediction Markets Advisory reaffirming its oversight authority…

OCC GENIUS Proposal: Three Policy Issues to Watch
Banking & Consumer Finance, Digital Assets Andrew Grub, Sam Canavos, Mona Elliot, Keith Noreika Risk Management & ComplianceSummary
Situation Overview: The Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) to implement the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act). The NPR addresses…

A New Chapter for Shareholder Proposals: Best Practices for Navigating the 2026 Proxy Season
Securities Cory Jack, Laura Magyar Risk Management & ComplianceSummary
Situation Overview: In November 2025, the U.S. Securities & Exchange Commission’s (SEC) Division of Corporation Finance announced that, for the 2025–2026 proxy season, it will no longer issue substantive “no-action” letters…

CFTC Chair Outlines Priorities for Prediction Markets and Digital Asset Market Structure
Derivatives, Digital Assets Sam Canavos, Sudhir Jain Risk Management & Compliance, Strategy & AdvisorySummary
Situation Overview: On January 29, Commodity Futures Trading Commission Chair Michael Selig made his first public remarks at the CFTC-SEC harmonization event. Among other things, Chairman Selig laid out the agency’s priorities, which…

CFTC Eases SDR Error Notification Requirements With New No-Action Relief
Derivatives Anne Montminy, Sudhir Jain Risk Management & Compliance, Strategy & AdvisorySummary:
Situation Overview: On July 31, 2025, the Commodity Futures Trading Commission (CFTC) provided reporting counterparties relief from the swap data repository (SDR) reporting requirement to submit an error correction notification (ECN)…

The Future of U.S. Crypto Regulation: Analyzing the CLARITY Act and the RFIA
Derivatives, Digital Assets Harper Swope, Kathy Casey, Sudhir Jain Risk Management & Compliance, Strategy & AdvisorySummary:
Context: The U.S. Congress is actively developing a robust regulatory framework to govern digital assets, aiming to provide clarity and stability to the rapidly evolving industry.
What: The House of Representatives passed the CLARITY…

FDIC Highlights Policy Priorities Impacting FinTechs and Large Banks
Banking & Consumer Finance, Patomak Analysis Heather EspinosaSummary:
Situation Overview: FDIC is focused on de novo bank formation, digital assets and blockchain activities, resolution planning, and asset thresholds for “tailoring” categories.
What: The FDIC is reevaluating guidance in these…

BlockFi Settlement Shows SEC Applying Old Rules to Crypto
Digital Assets, Securities Sudhir Jain, Laura MagyarThe recent BlockFi settlement with the Securities and Exchange Commission (SEC) made clear that the agency considers certain digital-asset product offerings “securities” under two long-standing tests. The action also marked the application…

Digital Currencies’ Role in Facilitating Ransomware Attacks: A Brief Explainer
Patomak Analysis Patomak Global PartnersPatomak’s Kristine Johnson co-authored a paper for Third Way that details how Bitcoin—the most popular digital currency—is used to facilitate ransomware attacks and how criminals try—and sometimes fail—to cover their tracks. Understanding how criminals use digital currencies for ransomware attacks can lead policymakers to solutions in thwarting and enforcing cybercrimes.

Morning Consult: Billions of Dollars Have Migrated to the Blockchain. Now What?
News Paul AtkinsToken Alliance co-chairs Paul Atkins and Jim Newsome write in an op/ed in Morning Consult: The private sector drives innovation; it is one of the best characteristics of the American economy. In contrast, the government operates deliberately and carefully. That is why we worked with Token Alliance, an initiative of the Chamber of Digital Commerce representing more than 350 blockchain and token experts from around the globe, to develop a comprehensive set of guidelines now to help shape the responsible growth of the token marketplace. The collaborative report is designed to be used as a resource among industry innovators, consumers, and policymakers to address so-called “utility tokens,” an aspect of the token economy fighting to be recognized.

