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4 June 2025

SEC, DOL Withdraw Prior Crypto Guidance; Crypto Bills Advance In Congress

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BakerHostetler

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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
U.S. federal agencies continue to withdraw or rescind previously issued crypto guidance. On May 15, the U.S. Securities and Exchange Commission (SEC) Division of Trading...
United States Technology

U.S. federal agencies continue to withdraw or rescind previously issued crypto guidance. On May 15, the U.S. Securities and Exchange Commission (SEC) Division of Trading and Markets published a statement providing notice that the SEC Division staff is withdrawing a joint staff statement, issued on July 8, 2019, addressing broker-dealer custody of digital asset securities. In a similar action, on May 28, the U.S. Department of Labor published a press release providing notice that it has rescinded a 2022 compliance release "that previously discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans."

In another SEC action, on May 29, the SEC voluntarily dismissed its lawsuit against a major U.S. cryptocurrency exchange and its foreign-based holding company. According to the joint stipulation to dismiss filed with the court, the SEC said dismissal of the litigation was appropriate "in the exercise of its discretion and as a policy matter."

In legislative developments, on May 19, the U.S. Senate voted to close debate on the pending stablecoin bill, referred to as the GENIUS Act. The bill will now advance to the Senate floor. On the same day, the Congressional Research Service published a three-page summary of the bill. And on May 29, House Committee on Financial Services Chairman French Hill, R-Ark., introduced the Digital Asset Market Clarity (CLARITY) Act, which would establish a regulatory framework for digital assets in the U.S. A press release by the House Committee on Financial Services includes links to the full text of the bill and a one-page summary.

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