Can the SEC and CFTC’s pro-crypto rules be overturned? Legal opinion

What happened: After the Senate CLARITY cloture vote failed, the SEC and CFTC issued their own crypto rules, including an SEC five-year exemption for issuing and trading stock tokens and CFTC registration exemptions for some crypto software providers. Key numbers: SEC five-year stock token exemption; OXK and ICE launched trading in 63 NYSE-listed Why it matters: TD Cowen cautioned agency rules are the easiest to rescind, and a 2024 Supreme Court decision makes agency rules easier for courts to overturn. A community bank group is suing the OCC over crypto national trust bank charters.

After the Senate CLARITY cloture vote failed, the SEC and CFTC issued their own crypto rules, including an SEC five-year exemption for issuing and trading stock tokens and CFTC registration exemptions for some crypto software providers.

TD Cowen cautioned agency rules are the easiest to rescind, and a 2024 Supreme Court decision makes agency rules easier for courts to overturn. A community bank group is suing the OCC over crypto national trust bank charters.