Photo of Genna Garver

Genna provides targeted, practical advice to investment advisers and their proprietary private investment funds. She represents institutional investors, funds of funds and family offices in connection with their private fund investments. Genna routinely advises clients on formation and offering matters for both domestic and offshore funds; SEC and state investment adviser, broker-dealer and private fund regulation; Investment Advisers Act compliance programs, annual reviews and ongoing compliance matters; and regulatory examinations and investigations.

The U.S. Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have rescheduled their joint event, “SEC – CFTC Harmonization: U.S. Financial Leadership in the Crypto Era.” Originally planned for January 27, the program will now take place on Thursday, January 29, from 2:00 – 3:00 p.m. ET at CFTC headquarters in Washington, D.C.

On November 20, U.S. Senate Agriculture Committee Chairman John Boozman (R‑AR) and Senator Cory Booker (D‑NJ) released a new bipartisan discussion draft to create a federal spot‑market regime for “digital commodities” under the Commodity Futures Trading Commission (CFTC). The proposal, which expands upon the CLARITY Act approved by the House in July, would give the CFTC exclusive jurisdiction over cash and spot trading in covered non‑security crypto tokens, establish registration frameworks for exchanges, brokers, and dealers, impose listing and public‑information standards, require qualified custody and strict segregation of customer assets, enhance retail protections, and clarify bankruptcy treatment of customer property.

On November 25, the House Financial Services Committee majority staff published Operation Chokepoint 2.0: Biden’s Debanking of Digital Assets, a detailed account of how, in the Committee’s view, federal prudential regulators between 2021 and early 2025 discouraged banks from serving lawful digital asset businesses through informal guidance, supervisory posture, and enforcement.

In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver welcome Glenn Pudelka and Straat Tenney from the firm’s Intellectual Property Practice Group. They discuss the Ninth Circuit’s pivotal decision in Yuga Labs v. Ryder Ripps, which recognizes NFTs as goods under U.S. trademark law. This ruling is a significant advancement in extending intellectual property protections into the digital realm, impacting brand owners and creators in virtual marketplaces.

In this episode of the Crypto Exchange, host Genna Garver is joined by David Labhart from ACA Group to discuss the dynamic landscape of digital assets and blockchain technology. David, who brings extensive experience from his previous role as an attorney advisor at the SEC, shares insights on the evolving regulatory environment surrounding digital assets. The conversation highlights the increasing importance of digital assets for traditional investment managers, including private fund managers, as the U.S. financial markets move toward blockchain integration. Genna and David explore the implications of recent regulatory developments, such as the GENIUS Act, which establishes a framework for payment stablecoins, and the SEC’s approval of the first crypto exchange-traded funds under new listing standards. The episode emphasizes the growing demand for digital assets and the transformative potential of tokenization across various investment classes. Additionally, they address the challenges compliance professionals face in adapting existing regulatory frameworks to accommodate digital assets, stressing the need for clarity on their classification as securities, commodities, or other categories.

On September 19, the U.S. Department of the Treasury issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input on the implementation of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. This ANPRM builds upon the Request for Comment on Innovative Methods to Detect Illicit Activity Involving Digital Assets issued by Treasury on August 18, which remains open for comment until October 17, 2025.

In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver are joined by their colleague Pete Jeydel to explore the implications of the GENIUS Act on sanctions, anti-money laundering (AML), and efforts to combat the financing of terrorism within the stablecoin sector. The discussion focuses on the act’s goal to create a regulated ecosystem for payment stablecoin issuers, known as PPSIs, by transitioning offshore activities to U.S. jurisdiction. This strategic shift is anticipated to strengthen the government’s capacity to enforce AML and sanctions compliance.

In this episode of The Crypto Exchange, Genna Garver is joined by Tom Tilton from Troutman Strategies to discuss key legislative developments in the crypto sector, focusing on the GENIUS Act and the Clarity Act. They begin by highlighting the GENIUS Act’s influence on stakeholders, including traditional financial institutions like banks and credit card companies, as they navigate the evolving regulatory landscape.

As digital assets continue to reshape the financial landscape, regulatory clarity around stablecoins is increasingly vital. The GENIUS Act, signed into law by President Trump in July, establishes the first-ever federal regulatory system for stablecoins and aims to position the U.S. as the global leader in digital assets. This is a historic shift in U.S. digital asset policy, prioritizing consumer protection, financial stability, and national security, while aiming to cement America’s leadership in the global digital currency revolution.