The Securities and Exchange Commission, with aligned guidance from the Commodity Futures Trading Commission, issued a comprehensive interpretation clarifying how federal securities laws apply to crypto assets and certain crypto transactions. The release introduces a functional taxonomy, explains when non‑security crypto assets can become subject to an investment contract under Howey, and addresses the securities
Stinson LLP Blogs
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Annual Limits on Qualified Plans for 2026
On November 13, 2025, the Internal Revenue Service (IRS) released Notice 2025-67, which sets forth the 2026 cost-of-living adjustments affecting dollar limits on benefits and contributions for qualified retirement plans. The IRS also announced the health savings account (HSA) and high deductible health plan (HDHP) annual deductible and out-of-pocket expense adjustments earlier this year…
Treasury Seeks Further Comment on the GENIUS Act
The Department of Treasury has issued an Advance Notice of Proposed Rulemaking (ANPRM) to implement the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. Comments are due October 20, 2025.
Through this ANPRM, Treasury is seeking public comment on potential regulations that may be promulgated by Treasury, including regarding regulatory clarity, prohibitions on…
SEC Clarifies that Mandatory Arbitration Provisions Will Not Affect Effectiveness of Registration Statements
Overview
On September 17, 2025, the Securities and Exchange Commission (SEC) issued a final rule and policy statement clarifying that the inclusion of mandatory arbitration provisions between issuers and investors will not affect the staff’s decision to accelerate the effectiveness of registration statements under the Securities Act of 1933. The SEC’s new policy focuses on…
Managing Retirement Plan Litigation Risk – Know Your IPS
There are always plenty of new retirement plan investment performance and fee cases, and it’s hard for a plan sponsor, even one that is doing everything properly, to be assured that it won’t be the target of a lawsuit.
A recent case serves as a reminder of the very basic guidance plan sponsors often hear…
Treasury Solicits Comments on Genius Act
The U.S. Department of the Treasury issued a Request for Comment required by the Guiding and Establishing National Innovation for U.S. Stablecoins Act, or the GENIUS Act, which furthers the Trump Administration’s policy of supporting the responsible growth and use of digital assets, as outlined in Executive Order (E.O.) 14178 on “Strengthening American Leadership in…
Court Invalidates Indemnification Claim for Failure to Comply with Dispute Resolution Provisions
Halinski v. ADS Grp. Acquisition, LLC (Del. Ch. (7/25) discusses the propriety of indemnification claims. The relevant SPA deferred payment of a $4,439,000 Tax Holdback to cover certain possible post-closing tax liabilities. Over time, the SPA required Purchaser to release the Tax Holdback to Sellers in three unequal installments. Purchaser released the First Intermediate Tax…
Chancery Dismisses Three-Pronged Breach of Fiduciary Claims
The Delaware Court of Chancery dismissed three claims in Ritchie v. Baker (6/25). Broadly speaking, the plaintiff failed to adequately plead demand futility under Court of Chancery Rule 23.1 because the complaint did not establish that a majority of the demand board faced a substantial likelihood of liability on non-exculpated claims.
The plaintiff sought to…
Unpacking the One Big Beautiful Bill’s Employee Benefit Provisions
On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (“Act”), a sweeping tax and spending package, which includes provisions that impact employee benefit plans. These changes affect health savings account (“HSA”) eligibility, telehealth services, dependent care assistance limits, and other fringe benefits. The telehealth relief is effective in 2025…
Federal Court Strikes Down HIPAA Reproductive Health Privacy Rule – What it Means for Health Plan Compliance
By: Lisa Rippey and Elena Humphrey
In a landmark decision, a federal district court in Texas struck down nearly all of the 2024 amendments to the HIPAA Privacy Rule, known as the Reproductive Health Privacy Rule (the “Rule”), ruling that the Department of Health and Human Services (“HHS”) exceeded its statutory authority. The ruling, which…