Law firms are preparing for an influx of new work given the anticipated relaxed regulatory environment that is expected to occur at the U.S. Securities and Exchange Commission after President-elect Donald Trump is inaugurated, with legal experts predicting heightened demand in cryptocurrency, capital markets and fund formation activity.

The expected surge in work comes on the heels of an announcement Thursday by current SEC Chairman Gary Gensler that he would step down from his position on Jan. 20, the day of Trump's inauguration, a clear sign that things are likely to change at the agency. As of the publication of this article, Trump has still not yet named anyone to head up the SEC.

"My assumption for now is that it won't be a complete teardown," Greg DiMeglio, a former senior counsel in the SEC's Enforcement Division who currently serves as co-chair of the securities enforcement practice at Stradley Ronon Stevens & Young, said on the anticipated changes to the agency.

But expect the agency to move toward a lighter touch when it comes to regulation, particularly compared to the agenda that it pursued under Gensler. That will likely have a broad impact on transactional work.

"We're seeing many searches now for capital markets, for debt, finance, all of that because of the increased deal flow work that they're going to envision with these changes, with this deregulation," said Robin Wexler, a senior principal with recruiting firm Lateral Link.

And Wexler's colleague Lateral Link managing director Jesse Hyde observed that this dynamic is extending to associate hiring in capital markets, as clients anticipate a jump in debt and equity offerings in a decreased SEC regulatory environment.

Corporate finance, Hyde stated in an email, is currently one of the busiest practice areas for Am Law 100 firms, "and will persist in the near term with lower SEC bank capitalization requirements."

The type of legal work in the financial space in the coming months may be dictated by actions Trump's appointees take on other rulemakings that might affect both registered and private funds, as well as digital assets such as cryptocurrency, experts say.

Crypto Unleashed

Trump has come out in support of cryptocurrency, going so far as to state on his campaign website that he would accept contributions in the form of cryptocurrency. And that's leading experts to predict policies that are amenable to the burgeoning industry.

"The big thing is going to be a completely new, open crypto regulatory environment," said Alain Dermarkar, a partner with A&O Shearman who serves as the private equity sector lead in the U.S.

At this point, it seems likely that issuers of digital assets, as well as asset managers interested in investing in digital assets on behalf of their clients, will face a "friendlier" SEC than the one run by the current chairman, a team of Ropes & Gray attorneys wrote in an article published Tuesday by the Harvard Law School Forum on Corporate Governance.

The Harvard Law article also referenced the fact that under the Biden administration, the SEC undertook an aggressive enforcement stance on cryptocurrency regulation, and experts believe Trump's views on digital assets will translate to less prioritization of digital asset regulation and enforcement.

"The regulation and enforcement of crypto is going to change in a big way," DiMeglio said. "Everything else, I think, is a little bit uncertain."

Two bills related to crypto legislation are currently sitting on Capitol Hill, and with Trump coming into office it may be more likely that Congress will act on the legislation with the anticipated backing of the SEC, according to Jan Folena, co-chair of the securities enforcement practice at Stradley Ronon Stevens & Young and a former supervisory assistant chief litigation counsel in the SEC's Division of Enforcement.

"You're likely to see the incoming administration believe that balance has tipped too heavily in favor of investor protection, and that imbalance has harmed capital formation, market efficiency and technological innovation in the industry that's going to be most visible, I think, in the areas of rulemaking, enforcement and enhanced coordination with Congress, especially in crypto legislation," Folena said.

While Trump's regulatory priorities are not yet entirely clear for his upcoming term, industry experts say one can look to the actions that took place during his first term for guidance.

"As an example, many traditional energy companies may face less scrutiny and investigations under the Trump administration than under Biden," Kent Zimmermann, a strategic adviser to law firm leaders with Zeughauser Group, wrote in emailed comments. "It's possible the same may be true for financial services and related businesses, particularly given the potential nominees who have been floated for relevant positions and statements Trump has made about certain segments of the market such as crypto, for example."

Funds on the Rise

Investment funds, another significant source of work for Big Law attorneys, is another "existing busy practice area that will see continued growth in light of reduced regulation," Hyde stated.

Some experts, however, question whether a likely increase in investment fund work is necessarily correlated with a change in presidential administration.

"I think with the fund formation, we're unlikely to see a lot of impact from what the SEC is doing," said Jon Truster, a partner with legal recruiter Macrae. "I could be wrong, but I think the rules are in place to protect investors, and so I would assume that the incoming administration is going to want to continue to protect investors."

Work related to investment fund formation has seen a steady uptick during the past two decades, and the demand increase has occurred under presidents of both major political parties.

"It has to do probably more with interest rates and the economy," Truster said. "But I don't see why there would be any slow down or pick up in particular with the investment funds, unless the administration did something extremely friendly for investment funds."

During COVID, and even prior to the pandemic, when many practice areas slowed down, "the fund formation lawyers were extremely active," he added.

Revolving Door Keeps Spinning

With the new Trump administration, industry experts also predict a revolving door of attorneys coming out of government roles and stepping into private practice, and vice versa, which often accompanies a change in who inhabits the White House.

"I am already hearing from numerous government attorneys looking to move into private practice due to the regime change," said Darrin Morgan, a Philadelphia-based managing partner with legal recruiting firm Major, Lindsey & Africa.

Some experts say the change in administrations serves as an opportunity for firms to bring SEC expertise to private practice.

"Just speaking as the co-chair of the department here, we're always looking for excellent strategic growth for our practice," said Sara Crovitz, a former deputy chief counsel and associate director at the SEC's Division of Investment Management who now serves as co-chair of the investment management practice at Stradley Ronon.

But, as in most presidential transitions, it's likely that only top government officials will step down and move to Big Law, experts say. Individual attorneys working for these government regulatory agencies will likely stay put.

"The staff will maintain their jobs, and what will change for them is the focus about what they're doing," Folena said.