Deborah Kovsky-Apap, a partner at Troutman Pepper Locke LLP, was quoted in the July 21, 2025 article by James Nani, “GENIUS Act Bankruptcy Changes Give Holders Top Recovery Priority.”
Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
Deborah Kovsky-Apap, a partner at Troutman Pepper Locke LLP, was quoted in the July 21, 2025 article by James Nani, “GENIUS Act Bankruptcy Changes Give Holders Top Recovery Priority.”
On July 18, America’s Credit Unions sent a letter to the Honorable Kyle Hauptman, Chairman of the National Credit Union Administration (NCUA), urging the agency to initiate rulemaking that would allow credit unions to take custody of digital assets for their members. This request comes in the wake of the recently enacted “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025” (GENIUS Act), which provides a comprehensive federal framework for the regulation of payment stablecoins.
On July 14, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (the Board), and the Federal Deposit Insurance Corporation (FDIC) jointly issued a statement addressing the safekeeping of crypto-assets by banking organizations on behalf of their customers. This announcement clarifies how existing laws, regulations, and risk management principles apply to the safekeeping of crypto-assets by banks and does not create any new supervisory expectations. Importantly, the federal banking regulators clearly signal that banks can serve as custodians of digital assets including storing cryptographic keys.
Recently, the Department of Financial Protection and Innovation (DFPI) in California issued a consent order against Coinme Inc., a company operating digital financial asset kiosks, commonly known as Bitcoin ATMs, across the state. This order comes after findings that Coinme violated several provisions of the California Consumer Financial Protection Law (CCFPL) and the Digital Financial Assets Law (DFAL). Notably, this is the first enforcement action taken under the DFAL and signals that DFPI is focused on trying to prevent scammers from taking advantage of Californians.
On June 26, the Conference of State Bank Supervisors (CSBS) released new guidance regarding the treatment of virtual currency in the calculation of a licensee’s tangible net worth under the Money Transmission Modernization Act (MTMA). In the press release announcing the new guidance, Brandon Milhorn, CSBS President and CEO, expressed enthusiasm for the new guidance: “We are very pleased to issue the first CSBS advisory guidance to support the consistent, effective, and transparent implementation of the MTMA. The advisory guidance process will help the MTMA evolve and grow as money transmitters deploy new technologies and develop new products and services to support their customers.”
On June 24, Senate Banking Chairman Tim Scott (R-SC), Subcommittee on Digital Assets Chair Cynthia Lummis (R-WY), Senator Thom Tillis (R-NC), and Senator Bill Hagerty (R-TN) released a set of guiding principles for the development of comprehensive market structure legislation for digital assets. These principles, described in more detail below, aim to provide a foundational framework for discussions and negotiations with industry participants, legal and academic experts, and government stakeholders. This announcement comes on the heels of the House Committees on Agriculture and Financial Services both favorably reporting to the House the CLARITY Act (discussed here), which aims to establish a clear regulatory framework for digital assets in the United States. and the recent passage by the U.S. Senate of the GENIUS Act, a landmark effort to establish a comprehensive federal framework for the payment stablecoins (discussed here).
On June 17, the U.S. Senate voted 68-30 to pass S.1582, the Guiding and Establishing National Innovation for U.S. Stablecoins Act, known as the GENIUS Act (the Act). This represents a landmark effort by the U.S. Congress to establish a comprehensive federal framework for the regulation of payment stablecoins. Passed with bipartisan support in the Senate, the Act aims to provide regulatory clarity, enhance consumer protection, and safeguard national security in the rapidly growing stablecoin sector.
On Tuesday, June 10, the House Committees on Agriculture and Financial Services both favorably reported to the House H.R. 3633, the Digital Asset Market Clarity (CLARITY) Act (as amended). Both committees gave overwhelmingly bipartisan support for the bill with the Committee on Agriculture voting 47-6 and the Committee on Financial Services voting 32-19. Both…
After years of uncertainty and regulation by enforcement, the U.S. may finally be moving toward a more comprehensive framework for the regulation of digital assets. On June 4, 2025, the House Committee on Financial Services held a hearing on American Innovation and the Future of Digital Assets: From Blueprint to a Functional Framework. The hearing followed Committee Chairman French Hill’s introduction of H.R. 3633 — the CLARITY Act of 2025 (the Act) — on May 30, 2025. The Committee is expected to continue its markup of the Act at its June 10, 2025, Full Committee Markup hearing.
We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments in the digital assets industry during the initial phase of the Trump administration.
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