Crypto - Montague Law

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.

New Tax Reporting Proposals for Digital Asset Brokers

The Department of the Treasury and the IRS propose significant tax reporting changes for digital asset brokers starting 2026. This covers a wide array of digital assets and introduces Form 1099-DA for brokers. Here’s what you need to know.

Understanding When Crypto Assets Qualify as Unregistered Securities: A Comprehensive Guide

Recent statements from Coinbase and the SEC have reignited discussions about when crypto assets should be classified as securities. Amid growing uncertainties in the cryptocurrency industry, a comprehensive exploration of this issue is needed. Blockchain technology, fungible tokens, and cases like the recent SEC vs Ripple Inc. verdict play pivotal roles in these debates, raising crucial questions about whether the tokens themselves or their sales transactions should be classified as securities.