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Articles by Lianna Inthavong
United States: Open (Hand)book for SEC Exams: A Useful Tool for the Uninitiated
By: Pablo J. Man, Neil T. Smith, and Hayley Trahan-Liptak A call from the Staff at the Division of Examinations (Exams) of the Securities and Exchange Commission (SEC or the Commission) notifying a registrant of an exam has long induced uncertainty and concern, even though exams generally follow a standard playbook.
FDIC Proposes Rule To Recognize Parity Between Out-of-State Banks and National Banks
By: John ReVeal and Rebecca H. Laird On 17 September 2026, the FDIC proposed to amend regulations to recognize parity between out-of-state state banks and national banks concerning the application of host state laws when an out-of-state state bank provides services in the host state with or without establishing a branch in the state (the “Proposal”). Under the current regulation, this parity applies only to any out-of-state state bank with a branch in a host state.
United States: Mid-Year Prediction Market Report: Uncertainty Prevails Amidst Extraordinary Federal Action
Thoreau A. Bartmann, Tamika P. Bent, Sanjeev Bhasker, Todd S. Fishman, Sarah V. Riddell, and Andrew M. Wright During the first part of 2026, the US Commodity Futures Trading Commission (CFTC or the Commission) has undertaken a sweeping campaign to protect its asserted exclusive jurisdiction over prediction markets—the markets on which event contracts are traded.
OAIC Publishes Updated Guidance on Facial Recognition Technology for Australia
By: Cameron Abbott, Rob Pulham, and Emre Cakmakcioglu The Office of the Australian Information Commissioner (OAIC) has published updated guidance for entities considering using facial recognition technology (FRT) in high-volume, publicly accessible physical spaces, like retail shopfronts.
EU Digital Omnibus on AI Enters Into Force
By: Sarah Pearce and Thomas Nietsch The EU has adopted its first substantive amendment to the AI Act. Regulation (EU) 2026/1744, commonly referred to as the AI Omnibus, was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. While the legislation postpones certain aspects of the AI Act’s compliance timetable, it would be a mistake for organisations to view the Omnibus as a broad pause on AI regulation in Europe.
Europe: UK FCA Looks to Accelerate Fund Tokenisation and Direct Dealing
By: Andrew J. Massey, Kai Zhang, and Zainab Kuku The FCA has published Consultation Paper CP25/28 with a view to accelerating the adoption of tokenisation by UK authorised funds. The consultation also proposes changes to allow direct dealing models, which would facilitate tokenisation as well as improve the operating environment for UK authorised funds generally. The consultation sets out a broader vision for the tokenisation of portfolio management.
New Zealand Privacy Law Amendment Act Passes
By: Rob Pulham, Cameron Abbott, and Maryam Ahmed Not to be outdone by its regional peers, New Zealand updated its privacy laws with the passing of the Privacy Amendment Act 2025 (the Act) last month: see the NZ Privacy Commissioner’s media release here. Most notably, the Act introduces a new Information Privacy Principle 3A (IPP3A) which takes effect from 1 May 2026.
United States: Giddy-Yup: SEC Approves Y’all Street’s Hometown Exchange
By: Jennifer R. Gonzalez, Jessica D. Cohn, and William F. Cole On 30 September 2025, the eve of the government shutdown, the Securities and Exchange Commission (SEC) issued an order granting the Texas Stock Exchange LLC’s (TXSE) registration as a national security exchange (the Order). TXSE, headquartered in Dallas, is the first national securities exchange to receive SEC approval in decades.
From E-Commerce to A-Commerce: The Dawn of Agentic AI Payments
By: Judith Rinearson, Linda Odom, and Joshua L. Durham Google’s recent announcement of the Agent Payments Protocol (AP2) raises a range of fascinating legal questions.
United States: The SEC “Flexes” Its (De)Regulatory Agenda
By: Jennifer L. Klass, Lance C. Dial, and Pablo J. Man The SEC’s latest regulatory agenda has officially been unveiled, and according to Chair Atkins the “regulatory agenda reflects that it is a new day” at the SEC. The regulatory agenda not only aims to clarify the regulatory framework for cryptocurrencies but also focuses on proposals to reduce compliance burdens and facilitate capital formation, including by providing investor access to private businesses.
Will Payment Stablecoins Mean the End of State Money Transmitter Licensing?
By: Judith Rinearson, Jennifer L. Crowder, and Joshua L.
The White House Working Group on Digital Asset Markets Report: What it Means for Stablecoins and Payments
By: Jeremy M. McLaughlin and Joshua L. Durham On 30 July 2025, the President’s Working Group on Digital Asset Markets published its long-awaited report, entitled “Strengthening American Leadership in Digital Financial Technology” (the Report). The Report introduces actionable directives to the prudential banking regulators to further stablecoin policies, both domestically and internationally, including directives on implementing the GENIUS Act.
By: Cheryl L. Isaac and Clifford C. Histed The “Strengthening American Leadership in Digital Financial Technology” Report, published in July 2025 by the President’s Working Group on Digital Asset Markets (the PWG), includes comprehensive recommendations for immediate action by the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC).
United States: US$12.2 Trillion Opportunity-Executive Order Paves the Way for Easier 401(k) Plan Access to Alternative Investments
By: Ruth E. Delaney, Robert L. Sichel, and Jennifer L. Klass On 7 August 2025, President Trump signed an executive order intended to modernize the 401(k) investment universe, directing the Secretary of Labor to clarify the US Department of Labor’s (DOL) position on fiduciary duties in connection with offering products containing exposure to alternative assets to defined contribution plans, such as 401(k) plans, potentially establishing “appropriately calibrated safe harbors” for such investments.
UK Data Use and Access Bill Becomes Law
By: Claude-Etienne Armingaud, Thomas Nietsch, Ludovico Lugnanin, Nóirín McFadden, and Sophie Verstraeten The UK’s major post-Brexit reform of the UK General Data Protection Regulation (UK GDPR), the Data Use and Access Act (DUAA), became law on 19 June 2025. The DUAA had a long gestation in the form of two previous draft laws, the Data Protection and Digital Information Bills No. 1 and 2, the second of which failed when the UK general election 2024 was called.
Termination Button-Also Required for Agreements With Automatic Expiry and One-Time Payment
By: Dr. Thomas Nietsch and Andreas Müller In a recent ruling (I ZR 161/24, 22 May 2025), the German Federal Court of Justice (BGH) clarified the scope of § 312k German Civil Code (BGB) regarding the obligation to provide a ‘cancellation button’ on websites if traders enable consumers to conclude continuing performance contracts (Dauerschuldverhältnis) via their website.
Deployment of AI in the Workplace in France-The Importance of Consulting with the Work Forces
By: Claude-Étienne Armingaud and Josefine Beil The European Data Protection Board recently published its draft Guidelines 02/2025, which remain open to consultation until 09 June 2025. Stakeholders in the blockchain industry are encouraged to submit any observations before the finalization of these Guidelines.
Congress Unveils Highly Anticipated Cryptocurrency Market Structure Legislation
By: Vivian K. Bridges, Joshua L. Durham, and Ryan T. Carney On 29 May 2025 the House Financial Services Committee (HFSC) and the House Agriculture Committee (Ag) unveiled their highly anticipated cryptocurrency market structure legislation.
Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026
By: M. Claire Healy, Kathleen D. Parker, and Erinn L.
Hong Kong SFC’s New Roadmap to Develop Hong Kong as a Global Virtual Asset Hub: ASPIRe
By: Jay Lee, Natalie Chow, and Alvin Lam The Hong Kong Securities and Futures Commission (SFC) has recently unveiled a growth plan for the virtual asset (VA) industry, outlined in a five-pillar roadmap called “A-S-P-I-Re.” This roadmap consists of 12 initiatives organized into five categories: Access, Safeguards, Products, Infrastructure, and Relationships.
United States: House Committee on Financial Services Urges the SEC to Withdraw Final and Proposed Rules
By: Lance C. Dial, and Donela M. Qirjazi On 31 March 2025, the House Committee on Financial Services (Committee), in a letter to Acting Chairman of the US Securities and Exchange Commission (SEC), Mark Uyeda, identified a series of proposed and adopted rules that the SEC should withdraw or rescind. The letter notes the Committee’s view that the SEC, under the prior Chair, had lost sight of its mission.
New EDPB Statement on Agre Assurance: What You Need to Know
By: Claude-Etienne Armingaud, and Josefine Beil On 11 February 2024, the European Data Protection Board (EDPB) adopted a new statement on age assurance. This statement, while not legally binding, will guide the enforcement of age-gating methods across the EU. Age assurance refers to the methods used to determine an individual’s age or age range with varying levels of confidence or certainty. The EDPB’s statement addresses several online scenarios where age verification is crucial.
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