Kevin Edgar

Subscribe to all posts by Kevin Edgar

U.S. Treasury Dept. Publishes Risk Assessment Addressing Illicit Finance Risks of DeFi

The Federal Policy team’s Kevin Edgar co-authored an analysis of the U.S. Treasury’s recent report on how bad actors are increasingly exploiting decentralized finance services for criminal activities. Kevin and members of BakerHostetler’s Digital Assets and Data Management Group explain Treasury’s key findings – and why DeFi users should be careful. Read the full alert.… Continue Reading

New Congressional Subcommittees Foreshadow Pending Digital Asset Legislation

Two congressional committees of the U.S. House of Representatives commenced the new year by announcing the creation of new subcommittees for the 118th Congress that are expected to analyze issues concerning cryptocurrency and digital assets. The creation of these subcommittees signals the potential for legislative action in the wake of jurisdictional uncertainty regarding federal agency … Continue Reading

CFIUS Issues Long-Awaited Enforcement and Penalty Guidelines

The Federal Policy team’s Kevin Edgar co-authored a report on the Treasury Department’s new enforcement and penalty guidelines for the Committee on Foreign Investment in the United States. Those guidelines reinforce recent CFIUS statements about the need for penalties to ensure compliance with statutory and regulatory requirements and strongly suggests CFIUS is likely to begin … Continue Reading

SEC’s Gensler Steps Up Crypto Criticism

Securities and Exchange Commission Chairman Gary Gensler makes no secret of his desire to bring cryptocurrency exchanges and tokenized offerings under his agency’s direct oversight. Gensler stepped up his advocacy with recent comments that the “vast majority” of tokens are in fact securities. The Federal Policy team’s Kevin Edgar co-authored an important summary of Gensler’s … Continue Reading

Proposed Federal Crypto Legislation Supported by Digital Asset Ecosystem; Consumer Advocacy Groups Balk

New bipartisan Senate legislation aims to create a regulatory framework for federal oversight of digital assets. But would the proposal balance innovation and consumer protection? Will Congress act on this crypto legislation? The Federal Policy team’s Kevin Edgar co-authored an analysis of the bill, what it would do and how it would affect stakeholders. Read … Continue Reading

Kevin Edgar Submits Written Testimony about Proposed Federal Legislation that Amounts to “Direct Assaults on U.S. Exchanges”

On March 30, 2022, Counsel Kevin Edgar submitted written testimony for the record on behalf of client the Equity Markets Association (EMA) at a hearing of the U.S. House of Representatives’ Financial Services Committee’s Subcommittee on Investor Protection, Entrepreneurship and Capital Markets. The hearing was titled, “Oversight of America’s Stock Exchanges: Examining Their Role in … Continue Reading

Congress Pushes on Corporate Disclosure Mandates

The House recently approved legislation that would trigger a series of disclosure mandates on public companies, underscoring escalating interest from the Democratic-controlled Congress and the Biden administration on requiring corporations to disclose their environmental, social and governance activities. The Federal Policy team’s Kevin Edgar led a team of BakerHostetler attorneys in a review of the … Continue Reading

House Democrats Urge Funding Boost for Wall Street’s ‘Cop on the Beat’

House Financial Services Committee Chairwoman Maxine Waters is calling on Congress to increase funding for Securities and Exchange Commission (SEC) oversight of Wall Street’s “regulatory and market structure weak points.” With SEC Chairman Gary Gensler signaling stepped-up enforcement of public companies and other SEC registrants, Democrats on Capitol Hill are leveraging their majority status to … Continue Reading

The Future of SEC Enforcement Under the Biden Administration

With Gary Gensler confirmed as the new chairman of the Securities and Exchange Commission, the Democratic-run regulatory agency will prioritize policies that focus on investor and consumer protections. The Federal Policy team’s Kevin Edgar, in a post co-authored with other BakerHostetler attorneys, examines the new enforcement landscape and how it will affect capital formation. Read … Continue Reading

Daunting Deadlines: Congress’ To-Do List on Expiring Laws

While Washington is rushing to enact COVID-19 funding before the mid-March expiration of enhanced federal unemployment benefits, lawmakers face a host of upcoming policy deadlines that will require congressional action. House and Senate Democrats hope to address some of these deadlines in the next coronavirus relief bill, but other provisions will be addressed in other … Continue Reading

Congress Grants SEC New Authority in Securities Fraud Cases

Congress voted to give the Securities and Exchange Commission (SEC) sweeping new authority to prosecute violations by creating a 10-year statute of limitations for the agency to seek disgorgement of ill-gotten gains from securities fraud. A 1934 law had limited the SEC to seek disgorgement as a civil remedy only in administrative proceedings. But the … Continue Reading

COVID-19 Update: Congress’ Risk to Public Companies

Companies large and small are scrambling to respond to the coronavirus pandemic, including understanding the emerging economic risks that could affect their profits, their operations and even their very existence. Add another burden to public companies’ growing roster of risks: Congress. As lawmakers and the Trump administration prepare additional legislative responses to the crisis, there … Continue Reading