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Capabilities / Securities & Commodities Regulatory & Enforcement

Securities & Commodities Regulatory & Enforcement

Standing beside our clients.

Husch Blackwell provides comprehensive securities and commodities regulatory counsel, advising clients on governance, compliance, examinations, investigations, and enforcement across federal and state regulatory regimes. Our team includes attorneys with deep industry experience, including former federal securities and commodities regulators. We advise institutions and individuals on day-to-day regulatory compliance, supervisory frameworks, and strategic business initiatives, helping clients anticipate regulatory scrutiny, manage risk, and respond effectively when issues arise.

Securities

We advise broker-dealers, investment advisers, public companies, financial institutions, and senior executives on federal and state securities regulations. Our work spans compliance program design, supervisory frameworks, examination readiness, and regulatory reporting. We regularly handle matters involving investment banking activities, trading activities, anti-money laundering, advertising, sales practices, disclosure obligations, books and records obligations, and related complex internal reviews.

Commodities & Derivatives

We counsel trading firms, commodity pool operators, swap participants, end users, and financial institutions operating in futures, swaps, foreign exchange, digital assets, and other derivatives markets. Our experience includes regulatory compliance, governance, and examinations before the CFTC and related authorities, sophisticated trading strategies, and cross-border activity, providing strategic counsel grounded in deep regulatory insight and an understanding of complex trading environments.

Prediction Markets

Husch Blackwell sits at the intersection of commodities, securities, and gaming regulation, offering clients a team that understands how these overlapping frameworks apply to event contracts and the platforms that list them. Whether a client is launching a new prediction market product or assessing the impact of a new state-level restriction, we deliver practical, real-world guidance on the legal risks and opportunities unique to this rapidly evolving space. Our guidance to clients in the prediction markets sector includes:

  • CFTC Regulatory Strategy & Compliance
  • Securities Law Analysis & SEC Jurisdictional Exposure
  • Enforcement & Investigations
  • Federal-State Regulatory Conflicts
  • Strategic Business Counseling

Crypto, Stablecoins, and Tokenization of Real-World Assets

As cryptocurrencies, stablecoins, blockchain technology, decentralized finance, and the tokenization of real-world assets continue to evolve, so does the web of securities and commodities regulation governing them. Husch Blackwell applies its securities and commodities regulatory depth to the distinct legal and operational challenges posed by digital assets, helping clients capitalize on the opportunities these technologies present while managing regulatory risk.

Our team represents institutions and individuals in day-to-day regulatory compliance, supervisory frameworks, and strategic business initiatives, and before the Department of Justice (DOJ), the SEC, FINRA, the CFTC, and state regulators. As decentralized ledger technology and smart contracts expand into financial services, trading, and other industries, we bring that same securities and commodities regulatory experience to digital asset markets, including stablecoins and the tokenization of real-world assets, helping clients anticipate regulatory scrutiny, manage risk, and respond effectively when issues arise.

We offer guidance to clients at the intersection of securities and commodities regulation and digital assets in the following areas:

Securities Regulatory Compliance for Digital Assets

We advise broker-dealers, investment advisers, and financial institutions on federal and state securities regulations spanning compliance program design, supervisory frameworks, examination readiness, and regulatory reporting, applied to digital asset custody, digital asset trading platforms and exchanges, tokenization, broker-dealer requirements for digital assets, and digital asset fund formation.

Commodities & Derivatives Regulation for Digital Assets

We counsel trading firms, commodity pool operators, swap participants, end users, and financial institutions operating in futures, swaps, foreign exchange, digital assets, and other derivatives markets on regulatory compliance, governance, and examinations before the CFTC and related authorities, including CFTC jurisdiction over digital assets treated as commodities, swap dealer and major swap participant requirements, and market oversight of cryptocurrency markets.

Stablecoins & Tokenization of Real-World Assets

We advise issuers, platforms, and institutional participants on the regulatory frameworks governing stablecoins and the tokenization of real-world assets, including reserve and disclosure requirements, money transmission and banking law considerations, and the securities and commodities law analysis that determines how tokenized instruments are regulated.

Government Investigations & Enforcement

We represent institutions and individuals in enforcement matters before the U.S. Securities & Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the U.S. Commodity Futures Trading Commission (CFTC), the Department of Justice (DOJ), and state regulators. Our team includes attorneys with deep industry experience, including former federal securities and commodities regulators, who bring that regulatory insight to every stage of an investigation or enforcement action.

We regularly represent broker-dealers, investment advisers, public companies, trading firms, cryptocurrency exchanges, token issuers, and financial institutions that become the subject of, or receive subpoenas in connection with, SEC, CFTC, DOJ, and state attorney general investigations, as well as the senior executives who lead them. Our experience spans examinations, investigations involving market conduct, sophisticated trading strategies, and cross-border activity, and enforcement actions arising across the securities, commodities, and digital asset markets. We help clients anticipate regulatory scrutiny, manage risk, and respond effectively when issues arise.

Related Litigation

Agency enforcement and litigation often run in parallel, and we coordinate strategy across both. When regulatory exposure gives rise to related disputes, we work across agencies, courts, and arbitration forums, including in the following areas:

Asset Forfeiture: We represent clients facing civil and criminal asset forfeiture arising from government investigations, including the forfeiture of funds, accounts, and digital assets alleged to be proceeds or instrumentalities of an offense. We assist clients responding to government forfeiture claims, including contesting the forfeitability of property and asserting third-party ownership interests in seized assets.

Securities Fraud & Shareholder Suits: We defend companies, officers, and directors in securities class actions and shareholder derivative suits, including claims under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, as well as related state-law fiduciary duty claims. We coordinate the defense of private shareholder litigation with parallel SEC and DOJ investigations and enforcement proceedings.