Expert Analysis

• Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

  

  Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

• OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

  

  The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

• 5 Prediction Market Queries For Every League, Athletic Dept.

  

  The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

• Planning For D&O Exclusions As Risks Mount For Banks

  

  Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

• Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

  

  The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

• CFIUS Annual Report Reveals Enforcement Trends

  

  The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

• Roundup

  Fintech Regulator Outlook

  

  As digital asset businesses navigate an unsettled federal regulatory environment, state regulators are developing their own approaches to enforcement and innovation. This Expert Analysis series features regulators' perspectives on the ensuing challenges and offers compliance takeaways for companies.

• Series

  Fintech Regulator Outlook: Collaboration In North Dakota

  

  The recent speed of new digital asset products entering the market continues to introduce compliance challenges, so regulators and companies alike must examine the intersection of artificial intelligence, cybersecurity, collaboration and modernization to navigate regulatory complexity, says Lise Kruse at the North Dakota Department of Financial Institutions.

• As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

  

  While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Bank Regulators' New Risk Guidance Offers More Flexibility

  

  Newly proposed interagency guidance on banks’ third-party risk management would shift rigid compliance frameworks to a principles-based, risk-proportionate approach, potentially creating new opportunities for bank-fintech partnerships and giving smaller institutions a clearer path to innovation, say attorneys at Davis Wright.

• Where The 3 Prediction Market Appellate Rulings Diverge

  

  Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q3

  

  California's financial regulators spent the third quarter of 2026 focusing on consumer protection enforcement at home while resisting federal efforts to displace state oversight — reinforcing the state's intention to shape the compliance landscape for institutions operating within its borders despite federal deregulatory trends, say attorneys at Ropes & Gray.

• How AI Is Reshaping The Structure Of Crypto Venture Deals

  

  As founders at the intersection of crypto and artificial intelligence increasingly face capital-raising quandaries, parties structuring crypto venture deals should weigh how equity, token and hybrid financings allocate value to avoid tricky contractual governance and fiduciary law questions down the line, say attorneys at Cahill Gordon.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.