On March 17, 2026, the U.S. Securities and Exchange Commission (SEC) issued an interpretive release addressing the application of the federal securities laws to crypto assets and related transactions. The Commodity Futures Trading Commission (CFTC) joined the interpretation and indicated it will administer the Commodity Exchange Act (CEA) consistent with the SEC’s approach, reflecting a coordinated regulatory position across the two agencies.

The release represents the most significant step by the SEC to date in clarifying the application of existing federal securities law principles to crypto assets. In remarks delivered the same day at The Digital Chamber’s Blockchain Summit, SEC Chairman Paul S. Atkins outlined a potential framework – referred to as “Regulation Crypto Assets” – that could include tailored exemptions and a safe harbor for certain crypto-related offerings.

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Photo of Tracy S. Combs Tracy S. Combs

A former Regional Director at the U.S. Securities and Exchange Commission, Tracy counsels corporations, financial institutions, and individuals regarding complex investigations, litigation, and regulatory matters, including those involving the SEC, the Department of Justice, the Commodity Futures Trading Commission, and other law enforcement…

A former Regional Director at the U.S. Securities and Exchange Commission, Tracy counsels corporations, financial institutions, and individuals regarding complex investigations, litigation, and regulatory matters, including those involving the SEC, the Department of Justice, the Commodity Futures Trading Commission, and other law enforcement agencies and financial regulators.

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Photo of Barbara A. Jones Barbara A. Jones

Barbara A. Jones is Co-Managing Shareholder of the firm’s Los Angeles office and a member of the firm’s Global Corporate practice. Barbara serves as Chair of the firm’s interdisciplinary Blockchain & Digital Assets practice. Barbara maintains a diverse corporate and securities law practice

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Barbara A. Jones is Co-Managing Shareholder of the firm’s Los Angeles office and a member of the firm’s Global Corporate practice. Barbara serves as Chair of the firm’s interdisciplinary Blockchain & Digital Assets practice. Barbara maintains a diverse corporate and securities law practice across industry groups, emphasizing complex international and domestic transactions, including private and public financings, dual listings, mergers and acquisitions, strategic collaborations and joint ventures, and licensing transactions. She serves as a trusted advisor to public and private company boards of directors on governance matters and complex regulatory reporting and compliance issues. Barbara’s clients include financial institutions, private equity and venture capital groups, and public and private companies in emerging technology, life sciences and biotechnology, defense and security, blockchain and digital assets, telecommunications, information technology, energy (traditional and renewable), mining, media, entertainment and sports. Barbara also represents Olympic and professional athletes and sports-related organizations.

Barbara practiced U.S. law in London from 1990 through 1997 with Sullivan & Cromwell, LLP, and headed the international capital markets practice of Kirkland & Ellis LLP from 1999 to 2003 before relocating to Boston. From 1997 to 1999, she served as Vice-President, Assistant General Counsel and Regional Counsel for capital markets with J.P. Morgan Securities Ltd. in Europe, the Middle East and Africa. Since returning to the U.S., she has continued to actively represent public and private companies, private equity groups and investment banks in the European, Scandinavian, African and greater Asian markets, including China.

Barbara is a past chair of the ABA’s Subcommittee on International Securities Matters. She is a frequent speaker at conferences relating to cross-border securities matters, strategic alternatives, and digital asset structures. She serves on the Government of Bermuda’s Global FinTech Advisory Board.

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Photo of William Mack William Mack

William B. Mack is a co-chair of the Financial Regulatory and Compliance Practice. He is experienced in advising companies on regulatory and compliance matters relating to the Securities and Exchange Commission regulations, the Exchange Act, Anti-Money Laundering laws and Financial Industry Regulatory Authority

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William B. Mack is a co-chair of the Financial Regulatory and Compliance Practice. He is experienced in advising companies on regulatory and compliance matters relating to the Securities and Exchange Commission regulations, the Exchange Act, Anti-Money Laundering laws and Financial Industry Regulatory Authority (FINRA) rules.

William’s practice involves all aspects of broker-dealer regulation, including Self-Regulatory Organization (SRO) membership, supervision, employment, research, soft dollar arrangements, chaperoning of foreign broker-dealers, social media, use of foreign finders, anti-money laundering rules, alternative trading systems (ATS), exchanges, and market making issues. He also provides regulatory guidance to investment banking clients in connection with securities offerings and related trading issues.

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Photo of Marina Olman-Pal Marina Olman-Pal

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office…

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office of Foreign Assets Control (OFAC) sanctions programs. Marina counsels a wide range of companies in the financial services sector including, domestic and foreign banks, gaming companies, money services businesses including money transmitters, cryptocurrency businesses, Fintech companies and digital payment companies. Throughout her career, Marina has represented clients before U.S. regulators such as the Federal Reserve, OCC, FDIC, FinCEN, OFAC, the Florida Office of Financial Regulation and other state supervisory authorities. Marina also regularly develops anti-money laundering programs for a wide range of financial services businesses and non-financial services businesses including, U.S. and foreign companies active in industries such as real estate, hospitality, automotive and artificial intelligence, among many others.

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Photo of Erika Cabo Erika Cabo

Erika Cabo focuses her practice on regulation, structuring, and compliance of, and transactions in, blockchain and digital assets, derivatives and complex structured products. She represents a diverse range of clients, including global blockchain technology companies, cryptocurrency exchanges, token sellers, cryptocurrency funds, broker-dealers, major

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Erika Cabo focuses her practice on regulation, structuring, and compliance of, and transactions in, blockchain and digital assets, derivatives and complex structured products. She represents a diverse range of clients, including global blockchain technology companies, cryptocurrency exchanges, token sellers, cryptocurrency funds, broker-dealers, major global investment banks and financial institutions. Erika advises on tokenization of real-world assets, blockchain-based capital markets transactions, blockchain token sales, and trading and investment in digital assets.

Erika engages with regulators and policymakers on behalf of clients, including representing blockchain platforms before the SEC’s Crypto Task Force and drafting comment letters on proposed SEC rules. She has represented technology companies in advanced policy initiatives such as the CLARITY Act and market structure bills, advocating for clear regulatory definitions and safe harbor frameworks to support responsible innovation in the digital asset space.

Erika counsels financial institutions, blockchain platforms, centralized and decentralized digital asset exchanges and technology companies on securities and commodities issues, custody rule requirements, broker-dealer matters and cross-border regulatory issues. She structures deals and negotiates U.S. and cross-border agreements involving digital assets and complex financial products and regularly helps clients navigate evolving federal and state securities and commodities laws and regulations.

In her derivatives practice, Erika advises on all aspects of derivatives and structured products transactions across the U.S. and Latin America, including regulatory strategy, compliance, negotiation, structuring and documentation. Erika advises both regulated entities and end users on Dodd-Frank Act and Commodity Exchange Act regulation and compliance, and on the structuring of innovative hedging, trading, and risk management solutions.

In a previous role, Erika practiced in the New York office of a global law firm, where she represented buy-side and sell-side financial institutions, corporates and technology companies in the U.S. and Latin America in derivatives trading, documentation, and regulatory matters. She also counseled technology companies on securities laws in the firm’s blockchain and digital assets practice. She is fluent in Spanish.

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Photo of Douglas E. Arend Douglas E. Arend

Douglas E. Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Douglas concentrates on…

Douglas E. Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Douglas concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His public fund experience includes SEC registered offerings, and compliance with the Securities Act of 1933, the Dodd-Frank Act, the Commodity Exchange Act and CFTC regulations.

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