CFTC and SEC regulation of digital assets: challenging issues of jurisdictional overlap

part of the FIA Law & Compliance Division webinar series

25 April 2019


Please join the FIA Law & Compliance Division on April 25 for a webinar addressing the overlapping jurisdiction of the CFTC and SEC with respect to crypto-currencies and other digital assets, the problems for market development that presents, and the potential existing tools to resolve them.

The presenters are the editors and co-authors of the White Paper on “Digital and Digitized Assets: Federal and State Jurisdictional Issues” recently published by the ABA Derivatives and Futures Law Committee's Innovative Digital Products and Processes Subcommittee. The White Paper provides a comprehensive survey of the federal and state regulation of cryptocurrencies and other digital assets, along with summaries of key initiatives outside the U.S. It includes analysis of the challenging issues confronting the CFTC and SEC in applying their statutes to digital assets, in particular to those that may combine the characteristics of investment contracts and commodities or derivatives.


Charley Mills of Steptoe & Johnson, Jonathan Marcus of Skadden Arps and Kathryn Trkla of Foley & Lardner

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