Cryptocurrency + FinTech

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On January 29, Commodity Futures Trading Commission (CFTC) Chairman Michael S. Selig and U.S. Securities and Exchange Commission (SEC) Chairman Paul S. Atkins held a joint “Harmonization: U.S. Financial Leadership in the Crypto Era” event at CFTC headquarters in Washington, D.C. Billed as an opportunity to align the agencies’ approaches to digital assets and to advance President Trump’s goal of making the U.S. “the crypto capital of the world,” the event marked a clear pivot away from the fragmented, enforcement‑driven posture of prior years toward coordinated rulemaking and market‑structure reform.

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.

The National Credit Union Administration (NCUA) has submitted a proposed rule to the Office of Management and Budget (OMB) to implement the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. The proposal is not yet public. Once OMB completes its review, the rule will be published in the Federal Register with a public comment period.

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.

In two recent litigation status reports, the Consumer Financial Protection Bureau (CFPB or Bureau) indicated that it is working to issue interim final rules for both Section 1071 and Section 1033 in light of an opinion from the U.S. Department of Justice’s Office of Legal Counsel (OLC) concluding that the Bureau cannot lawfully draw funds from the Federal Reserve Board at this time. Specifically, as discussed here, the OLC concluded that the Federal Reserve System presently has no “combined earnings” from which the CFPB may lawfully draw funds under the Dodd‑Frank Act, and the CFPB has publicly stated it anticipates having sufficient funds to continue normal operations through at least December 31, 2025.

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.

On September 29, the California Department of Financial Protection and Innovation (DFPI) announced significant modifications to the proposed regulations under the Digital Financial Assets Law (DFAL) and the Money Transmission Act (MTA). These changes are part of an ongoing effort to refine the regulatory framework governing digital financial assets and ensure clarity in the application of these laws.

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.

Last week, Illinois Governor JB Pritzker signed two landmark pieces of legislation aimed at protecting consumers from cryptocurrency scams and fraud. The Digital Assets and Consumer Protection Act (SB1797) and the Digital Asset Kiosk Act (SB2319) establish comprehensive regulatory frameworks for digital asset businesses operating in Illinois.

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.