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Is Crypto a Security? The 2026 Guide to US Digital Asset Law (Part One)

Is Crypto a Security? The 2026 Guide to US Digital Asset Law (Part One)

Written by: Michael Handelsman and Alex Forehand for Kelman.Law

This research report contains five additional sections. Access the full report for free here and explore the rest of our research reports.

Is Crypto a Security?

As courts, regulators, and market participants continue to wrestle with applying decades-old legal doctrines to blockchain-based assets, this series breaks down the core principles shaping the modern landscape—from the Howey test and so-called utility tokens, to secondary-market transactions, DeFi, staking, NFTs, and the shifting regulatory posture of the SEC and CFTC.

The goal is to provide a practical, legally-grounded framework for understanding how U.S. law is adapting to crypto in real time.

Part I: The…

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