A key member of the US Securities and Change Fee’s (SEC) authorized crew, Ladan Stewart, stepped down from her function on the company to affix a pro-crypto legislation agency, Bloomberg Legislation reported on Feb. 21.
Stewart, who served as Regional Trial Counsel within the SEC’s Crypto Property and Cyber Unit since September 2022, has joined White & Case as a accomplice to determine a crypto and cyber protection observe.
In a press release to Bloomberg, she stated:
“Crypto is right here to remain — that’s turn out to be very clear with the launch of a slew of Bitcoin exchange-traded funds… Given the complexity and the turbulent enforcement enviornment, authorized questions surrounding crypto are going to be on the forefront for a while.”
Stewart joined the SEC in 2015 and was a part of the SEC lawyer crew within the regulator’s case towards Ripple, which involved the securities standing of the related XRP token.
Stewart additionally led the SEC’s ongoing lawsuit towards Coinbase, and up to date authorized filings point out that she is going to withdraw from that case.
Based on the report, Stewart’s new legislation agency has represented numerous high-profile shoppers, together with Microsoft, GoldenTree Asset Administration, and the pharmaceutical firm Abbvie Inc.
Bloomberg ETF analyst Eric Balchunas famous elsewhere that White & Case suggested Constancy because it created its spot Bitcoin ETF (FBTC), which gained approval in January. The legislation agency was additionally concerned in Celsius’ now-complete chapter case.
White & Case member Joel Cohen praised Stewart and stated her expertise is “a major asset given the heightened regulatory scrutiny of the crypto business in recent times.”
SEC dealing with a brand new lawsuit
It’s unclear whether or not this improvement helps the notion that the SEC’s capacity to manage by enforcement is weakening. The information comes months after a November 2023 report suggesting that the SEC struggles to rent crypto specialists, partly due to its prohibition on holding crypto.
In the meantime, the regulator faces a recent lawsuit filed in Texas by crypto firm Lejilex and the Crypto Freedom Alliance of Texas (CFAT). The lawsuit accuses the SEC of exceeding its authority in regulating digital belongings, Reuters reported on Feb. 21.
Lejilex goals to launch a crypto trade and disputes the SEC’s classification of digital tokens as securities, a stance that conflicts with the SEC’s actions towards distinguished exchanges like Coinbase and Binance.
The plaintiffs problem the SEC’s interpretation of digital belongings as “funding contracts” and advocate for the appliance of the “main questions” doctrine, which restricts important regulatory actions with out express Congressional authorization.
