Rachael Hashmall is a Senior Associate in the Denver and New York offices. She helps clients navigate the complex regulatory landscape, advising on the development and launch of innovative financial products and services with a particular emphasis in the FinTech sector.

Rachael’s practice includes tokenization, digital asset regulation, payments, blockchain and other disruptive technologies for both start-ups and global financial institutions.  She also has extensive experience in all areas of investment management and structuring, including fund formation, fund investment matters, and cross-border fund regulation.

Recent Articles & Comments

The SEC has taken a clear stance that crypto lending is subject to the federal securities laws. The settlement wraps up legal proceedings that began in early 2023 and is one of many in the last few years regarding a crypto lending program.

Notably, the settlement comes a few days after the Court denied the firms' motion to dismiss and allowed the SEC's case to move forward. Judge Ramos of the Southern District of New York found that under both the Howey test and the Reves test, the…

The ruling has limited effect and is not a nationwide injunction. The CTA remains in effect for all reporting companies, other than the plaintiffs. It is likely that FinCEN will appeal this ruling, and we may also see others file similar lawsuits alleging unconstitutionality.