MoFo's Financial Markets & Innovation #9

17 Apr 2026
Client Alert

Please see below for this week’s Financial Markets & Innovation Weekly Update from Morrison Foerster, tracking how emerging technologies are reshaping financial markets and how U.S. and global regulators are responding. Covering developments across digital assets, prediction markets, artificial intelligence, and next-generation trading infrastructure, this update highlights key regulatory actions, enforcement activity, policy signals, and related market structure implications. 

SEC Clarifies Treatment of Covered User Interface Providers Providing Crypto Asset Services

On April 13, the SEC Division of Trading and Markets issued a Staff Statement providing clarity on broker-dealer registration and crypto asset securities. The statement outlines instances where it “will not object” to the operation of a Covered User Interface without registration as a broker-dealer under Section 15 of the Securities and Exchange Act. These instances are generally limited to Covered User Interface Providers that do not force investors to engage in a specific crypto asset transaction, trading venue, or execution route. In her comments on the release, Commissioner Hester Peirce expressed her support for “a more permeant regulatory approach that addresses the broker definition in light of current market circumstances.” The statement will be withdrawn April 13, 2031, if the SEC doesn’t implement permanent action.

Senator Blumenthal Requests Information on National Security Trading from Large Prediction Market

On April 9, Senator Blumenthal sent a letter to the CEO of Polymarket regarding potential insider trading on their prediction markets. The letter alleges that new users placed large and specific bets prior to significant action in Venezuela and Iran earlier this year, which Blumenthal believes may indicate some users are trading on national security secrets. Since the actions in Venezuela and Iran, Polymarket has announced additional rules to combat the use of confidential information in trading. The Senator requests additional information on death wagers, national security information, and insider trading by April 24, 2026.

Update on State Prediction Market Treatment

Following the CFTC-DOJ joint filing against Arizona, Connecticut, and Illinois last week, discussed in last week’s Financial Markets & Innovation Weekly Update from Morrison Foerster, the CFTC filed a motion on April 9 requesting the halt of Arizona’s application of state laws to CFTC-registered prediction markets. The U.S. District Court of Arizona granted their request for a temporary restraining order on April 10. In the same vein, Kalshi filed suit against Montana officials on April 13 for their application of state gambling laws to the CFTC-registered prediction market. This recent suit against Montana comes after multiple cease-and-desist letters and an agreement between Kalshi attorneys and Montana regulators.

CFTC Announces Members of Innovation Task Force

On April 10, the CFTC announced members of its Innovation Task Force, which include attorneys from large law firms, consultants, and CFTC staff members. The Innovation Task Force will focus on regulatory clarity for digital assets, AI, and prediction markets, and will be led by Michael K. Passalacqua.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.