David Zaslowsky and Peter Chan Discuss US Clarity Act in Law360

In a recent Law360 article, Baker McKenzie partners David Zaslowsky and Peter Chan explore how the US Digital Asset Market Clarity Act, though still pending in Congress, can be used to influence litigation strategy in crypto‑related matters in terms of shaping how courts, regulators and litigants view questions of jurisdiction, classification and regulatory uncertainty.

David and Peter explain that even before enactment, the Clarity Act can be used to strengthen fair‑notice and due‑process arguments, support stays or sequencing under primary‑jurisdiction principles, influence remedies toward forward‑looking compliance rather than punitive sanctions, and recalibrate settlement dynamics, as regulatory clarity approaches. They note that, for companies and counsel involved in digital asset litigation, the Clarity Act is no longer just future legislation to monitor -- it should be viewed as a meaningful strategic consideration.

Read the full article here.