Crypto asset investors and issuers alike have long sought greater clarification on questions surrounding the actual or potential applicability of the federal securities laws to digital assets. SEC Chair Paul Atkins previously declared his intent to provide relevant guidance. Now, the SEC, acting in conjunction with the Commodities Futures Trading Commission, has issued detailed guidance segmenting digital assets between those to which the securities laws apply and those to which the laws do not apply, as well as clarifying under what circumstances digital assets can become subject to the securities laws. The agencies’ clarifications will provide significant illumination for investors and issuers, and at least potentially for D&O insurance underwriters as well.Continue Reading SEC Issues Guidance on the Application of the Securities Laws to Digital Assets