October 7, 2026
Client Alert: Stablecoins, Market Structure, and the Long Road to ‘Clarity’: The State of U.S. Crypto Regulation in 2026
I. Introduction
For most of the last decade, U.S. digital asset businesses operated in a regulatory vacuum, piecing together compliance strategies from state money-transmitter licenses, enforcement actions, and informal agency guidance. That era ended, at least partially, in July of last year, when President Trump signed the GENIUS Act into law, creating the first federal statute to directly regulate a category of crypto asset.1 A second, more ambitious bill – the CLARITY Act, which would resolve the decades-old jurisdictional fight between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) over digital commodities – has not been so fortunate. As this issue goes to print, it remains stalled in the Senate, its fate uncertain even as the market it would govern has grown to more than $2.2 trillion.2This is meant to be a practical guide: what is actually binding law today, what is still just a proposal, and what a practitioner with a client anywhere in this space – issuer, exchange, Decentralized finance (DeFi) platform, or a foreign business serving U.S. customers – should be doing right now.