Crypto - Montague Law

The Clarity Act Analysis

The Clarity Act of 2025 is poised to become one of the most transformative crypto regulatory frameworks ever proposed in the United States. For the first time, Congress has created a formal legal path for blockchain tokens to shed their “security” label and emerge as fully tradable “digital commodities.” This two-part analysis explores how token issuers can benefit from the Act’s new safe harbors, definitions, and exemptions—and what it means for developers, exchanges, and DeFi protocols navigating today’s regulatory minefield.

Understanding the GENIUS Act

The GENIUS Act could redefine how stablecoins are issued and regulated in the U.S., offering startups a clear path to compliance with built-in protections for consumers. This article breaks down the Act’s core provisions and explains how it lowers barriers for innovators while strengthening trust in the digital dollar ecosystem.

Digital Asset Market Structure Discussion Draft

The discussion draft divides regulatory authority between the CFTC and the SEC, establishing dual registration regimes for intermediaries and trading platforms, carving out exemptions for legitimate DeFi activity, and directing both agencies to coordinate rules and avoid redundant oversight. The bill replaces today’s fragmented enforcement-based model with a proactive legal framework that balances consumer protection with U.S. digital asset competitiveness.

Montague Law | Crypto and Venture Capital Lawyer

SEC Commissioners Are Subtweeting Each Other—and Crypto’s Caught in the Crossfire

A quiet footnote from SEC Chair Gary Gensler just sparked a not-so-quiet rebuke from Commissioner Mark Uyeda—exposing deep rifts inside the agency over how to regulate crypto. With no clear rules and rising public tension, the SEC’s internal divide may be the biggest threat to digital asset clarity yet.

X’s New Block Policy: A Double-Edged Sword for User Privacy and Platform Transparency

X’s quiet update to its blocking feature means users you block can now still see your posts. While framed as a win for transparency, this shift could have real legal and safety implications—from harassment risks to potential violations of app store policies.

A Founder’s Friendly Primer on Token Purchase Agreements

Token Purchase Agreements (TPAs) are essential contracts for token-based fundraising, clarifying terms like pricing, delivery, compliance, and risks for founders and investors.

Token Warrant Primer: Token Warrants for Early-Stage Crypto Startups

Token Warrant Primer: A guide to understanding token warrants, empowering startups and investors to align on terms for future token issuance with clarity and fairness.

A conceptual image of a strategic national crypto stockpile.

How Trump’s Pro-Crypto Shift and Key Appointments Are Reshaping U.S. Digital Assets

Trump’s pro-crypto policies, new SEC and AI-Crypto Czar appointments spark investor confidence, pushing Bitcoin beyond $100K and reshaping the market.

Crypto in Estate Planning: A New Asset Challenge

Crypto in estate planning introduces a unique blend of digital currency and security-like characteristics, demanding innovative adaptation in asset management. The emergence of cryptocurrencies as a distinct asset class is reshaping modern estate planning strategies.

Exploring Cryptocurrency Taxation: Strategies and Compliance

Uncover the complexities of cryptocurrency taxation, including IRS treatment, capital gains implications, and the importance of accurate basis calculation. Learn about specific identification methods and the critical need for guidance from securities counsels, tax advisors, and CPAs. Navigate the evolving world of digital asset taxation with expert insights and ensure full compliance.