Insights

BlockFi Settlement Shows SEC Applying Old Rules to Crypto

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The 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…

New Digital Asset Regulatory Questions Call for “Doing the Hard Work”

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Outgoing Commodity Futures Trading Commission (CFTC or Commission) Commissioner Dawn Stump recently issued a challenge to her fellow commissioners to move past simply enforcing the CFTC’s rules as they exist and to do the hard work of setting…

CoinDesk TV: Paul Atkins Joins CoinDesk TV to Share His Take on the Latest SEC Regulatory Signal About Trading Platforms

Patomak Global Partners Chief Executive Paul Atkins puts on his former Securities and Exchange Commission (SEC) hat to talk about Chairman Gary Gensler’s comments that he wants to bring crypto exchanges under SEC regulatory authority and the…

Crypto Policy Consensus On Capitol Hill Elusive in 2022, But Regulator Action Looms

Even though there’s no policy consensus for cryptocurrency regulation as 2022 kicks off, the cryptocurrency community’s engagement with policymakers in 2021 had a positive effect in Washington.

RealClearMarkets: A Federal Power Grab Over the Future of Stablecoins

The President’s Working Group Report on Stablecoins is an important first step for federal regulators to develop a regulatory approach. Unfortunately, the report is a slap in the face to state regulators as it ignores their years of regulatory experience.

Law360: CFTC’s Berkovitz To Reunite With Gensler As Top SEC Lawyer

Patomak Global Partners Senior Advisor Jill Sommers is quoted in a Law360 article about former CFTC Commissioner Dan Berkovitz joining the SEC as the General Counsel. An excerpt of the reporter’s story includes her reaction to the announcement: Jill…
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By: Patomak Global Partners

RealClearMarkets: Mark-to-Market Taxation Will Harm Us All

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Consider it a warning sign when legislation coming off Capitol Hill includes language – even before it is enacted – indicating a federal agency will need to simplify its related rules. As former Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) Commissioners, we know too well the complexities in implementing rules to carry out legislative intent.

Options Market Participants Face New Regulatory Inquiries; Tried and True Remedies Are the Solution

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As families get through back-to-school checklists, Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) are similarly going through their own regulatory check lists for options market participants. There are several new regulatory sweeps and enforcement inquiries being sent out now to options market participants, including questions about suitability, payment for order flow (PFOF), surveillance, and regulation of short sales issues.

Roll Call: Lawmakers’ Crypto Focus Strengthens Voice of SEC’s Peirce

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Patomak CEO Paul Atkins comments on SEC Commissioner Hester Peirce's efforts on cryptocurrency regulation in a Roll Call story.

ESG Developments

Patomak's Jamila Piracci and Ted Serafini highlight a few of the key themes from some of the comment letters that stakeholders have filed with the SEC in response to the March 2021 request for public input on the Commission’s existing climate change disclosure requirements and potential future changes to those requirements. They also provides additional considerations for how interested parties are likely to continue the dialogue with the Commission and its staff during the rulemaking process.