Law of Code

00:29:58

#162 - Crypto ETF staking safe harbor explained by...

Law of Code ·

2025/11/25

Staking is now officially on the table for U.S. crypto ETFs.In this episode, I’m joined by Jason Schwartz (@CryptoTaxGuyETH), a tax partner at CahillNXT, Cahill’s digital assets and emerging technology practice. Jason specializes in tax issues relating to digital assets, financial products, securitizations, lending, treaties, and fund structures.We break down Treasury and the IRS’s new safe harbor that allows crypto ETPs to stake without being treated as domestic corporations, and the questions that

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00:43:25

#161 - Jason Gottlieb on litigation trends, relevant...

Law of Code ·

2025/11/17

In this episode, Jason Gottlieb, Chair of Morrison Cohen’s Digital Assets Department and White Collar & Regulatory Enforcement Practice Group, breaks down the litigation trends shaping crypto today.Timestamps:➡️ 0:44 — Why litigation is shifting from regulators to private disputes➡️ 3:37 — Statute of limitations: the five-year vs. ten-year reality➡️ 8:14 — Inside the revamped Morrison Cohen Crypto Litigation Tracker➡️ 12:41 — How judges are learning (and misunderstanding) crypto➡️ 18:03 — The

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00:31:08

#160 - DoubleZero's historic no-action letter from...

Law of Code ·

2025/11/09

In this episode, Jacob is joined by DoubleZero’s General Counsel, Mari Tomunen, and Cooley’s Connor Tweardy to unpack the U.S. SEC’s Division of Corporation Finance’s landmark no-action letter to DoubleZero, a decentralized physical infrastructure (DePIN) project that became the first crypto initiative in over five years to secure such relief.Timestamps: ➡️ 01:20 – Why DoubleZero engaged with the SEC➡️ 03:00 – Communicating DePIN to regulators➡️ 04:40 – Making decentralization “lawyer-friendly” ➡️

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00:33:32

#159 - On-chain transfer agents and compliance, with...

Law of Code ·

2025/10/27

Joris Delanoue, Co-CEO of Fairmint, joins the podcast to discuss how his SEC-registered transfer agent has already issued and managed over $1B of equity on-chain. We explore the legal distinctions between mirrored tokens and natively on-chain securities and how compliance can be built directly into smart contracts.Timestamps:➡️ 00:00 — Intro➡️ 00:46 — Sponsor: Day One Law➡️ 01:09 — Why bring equity on-chain?➡️ 04:28 — Turning cap tables into smart contracts➡️ 09:39 — Registering as an SEC transfer

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00:49:25

#158 - Masterclass on the GENIUS Act, stablecoin...

Law of Code ·

2025/10/10

Stablecoins are no longer a side story — they’re on the path to becoming the backbone of global digital finance.To unpack what the GENIUS Act means for the U.S. dollar, stablecoin issuers, and banking competition, I sat down with Austin Campbell, Founder and Managing Partner of Zero Knowledge Consulting and an Adjunct Professor at Columbia Business School.Austin previously led Stable Value Trading at JP Morgan, co-headed Digital Asset Rates Trading at Citi, and served as Head of Portfolio Management

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00:49:39

#157 - History of the DUNA, with David Kerr of Cowrie

Law of Code ·

2025/09/10

DUNA — the Decentralized Unincorporated Nonprofit Association — is one of the most important new legal structures for crypto governance. To understand its history, tax implications, and jurisdictional trade-offs, I sat down with David Kerr, founder of Cowrie, a crypto-native advisory firm specializing in U.S. tax compliance and entity structuring.David was instrumental in drafting the Wyoming DUNA Act, and in this episode we discuss the evolution of UNAs, why Wyoming stepped up, the tax and

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00:22:06

#156 - DOJ enforcement and developer liability, with...

Law of Code ·

2025/09/08

DOJ Criminal Division Chief Matthew Galeotti recently stated: “Merely writing code, without ill intent, is not a crime.” He emphasized that developers of neutral tools should not be held liable for someone else’s misuse.Joining me to unpack what this means for developers is Amanda Tuminelli, Executive Director of the DeFi Education Fund. We discuss the DOJ’s remarks, DEF’s role in shaping the conversation, and what comes next for developer protections, market structure legislation, and global DeFi

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00:27:15

#155 - Anchorage Digital's Kevin Wysocki on the...

Law of Code ·

2025/09/04

Sponsor: This episode of the Law of Code podcast is brought to you by Day One Law, a boutique corporate law firm for founders and funds in crypto. Learn more at ⁠dayonelaw.com⁠.Show notes: The regulatory winds in Washington have shifted dramatically, and Anchorage Digital has been in the middle of it all.Kevin Wysocki, Head of Policy at Anchorage Digital, joins the podcast to discuss: 01:07 – White House crypto report & GENIUS signing02:20 – Anchorage as the first federally chartered digital

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00:38:56

#154 - Uniswap’s DUNI Governance Proposal, with Brian...

Law of Code ·

2025/08/28

This episode is brought to you by Day One Law, a boutique corporate law firm helping crypto startups navigate complex legal challenges. Visit ⁠⁠dayonelaw.xyz⁠⁠ to get in touch, or ⁠⁠subscribe to their free newsletter⁠⁠ for crypto legal updates.Show notes: In early August, the Uniswap Foundation proposed that Uniswap Governance adopt a Wyoming-registered DUNA (Decentralized Unincorporated Nonprofit Association). A first-of-its-kind structure for DAOs, the DUNA could be crypto’s LLC moment.Joining me

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00:39:20

#153 - Peter Van Valkenburgh on the Roman Storm...

Law of Code ·

2025/08/20

The Roman Storm trial ended with one guilty verdict, raising big questions about what comes next for developers and open-source protocols. To unpack the implications, I’m joined by Peter Van Valkenburgh, Executive Director of Coin Center. Coin Center is hosting their annual dinner on Thursday, September 25, 2025 at the Plaza Hotel in New York City.Timestamps:➡️ 00:00 – Introduction➡️ 01:00 – Explaining the Roman Storm verdict➡️ 03:00 – FinCEN's 2019 guidance➡️ 07:40 – Implications for future

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00:50:27

#152 - Crypto tax trends, with Jason Schwartz of...

Law of Code ·

2025/07/31

Crypto tax expert Jason Schwartz joins the podcast to break down what founders get wrong about taxes — and what’s changing in 2025.Jason is a partner at Cahill NXT, where he specializes in the tax treatment of digital assets, financial products, and decentralized protocols. In this episode, he shares insights on how projects are approaching structuring, the rise of 501(c)(4) entities, common tax pitfalls with Cayman foundations, and how the IRS might soon leverage AI to change

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00:27:29

#151 - SEC Commissioner Hester Peirce and Crypto Task...

Law of Code ·

2025/07/29

SEC Commissioner Hester Peirce and Crypto Task Force Chief Counsel Mike Selig return to the podcast to share updates from the SEC’s Crypto Task Force — plus their thoughts on tokenized securities, market structure legislation, exemptive relief, and the role of decentralization in regulatory design.Timestamps: ➡️ 00:00 — Intro➡️ 00:46 — Sponsor: Day One Law➡️ 01:09 — Tokenizing securities: what facts and circumstances matter➡️ 02:51 — What exemptive relief could look like➡️ 04:51 — Timeline for SEC

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00:26:36

#150 - Masterclass on Crypto 'Perps' with Katherine...

Law of Code ·

2025/07/21

Derivatives expert Katherine Kirkpatrick Bos, General Counsel of StarkWare, joins the podcast to discuss the first-ever CFTC-regulated "perpetual-style" futures contracts to occur onshore — a move that may pull trading volume back from offshore exchanges and reshape global market dynamics.Prior to joining StarkWare, Katherine was Chief Legal Officer of Cboe Digital, a U.S. regulated exchange and clearinghouse for crypto spot and crypto derivatives markets.Timestamps:➡️ 00:00 — Intro➡️

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00:54:48

#149 - Stablecoins and U.S. Treasuries: A Risky...

Law of Code ·

2025/07/16

Stablecoins have grown from a total value of ~$2 billion in 2019 to over $230 billion by early 2025, enabling $33 trillion in transactions across 236 million wallets. But beneath this growth lies a deep — and fragile — dependence on the U.S. Treasury market.Professor Yesha Yadav of Vanderbilt Law School and Brendan Malone, formerly of Paradigm, the Federal Reserve Board, and MIT, discuss their paper on the critical but underexamined relationship between U.S. dollar stablecoins and Treasuries. They

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00:38:52

#148 - Former DOJ attorney Jessi Brooks on unhosted...

Law of Code ·

2025/07/01

Jessi Brooks is the General Counsel & Chief Compliance Officer at Ribbit Capital. Prior to Ribbit, Jessi was an attorney at the U.S. Department of Justice, where she worked on high-profile crypto and national security cases. Jessi explains the blockchain tools used in the Bitfinex hack, why crypto > cash, how the DOJ works with stablecoin issuers, and much more. The conversation also covers Jessi’s journey from prosecuting domestic violence cases to crypto, and her perspective on building

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00:41:37

#147 - What's market for blockchain product and token...

Law of Code ·

2025/06/24

What steps should founders and their counsel take when launching a token or product in web3?In this episode, Jacob Robinson is joined by Nima Maleki (@Nimathefish), Counsel at Day One Law. Nima designs legal roadmaps for clients, including product counseling, token launches, and fundraising structures.Nima shares what’s market for launching blockchain products — ranging from regulatory and decentralization strategies to token valuations, whether founders still need a foundation for their project,

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00:32:45

#146 - What’s new in U.S. crypto law, with Justin Wales

Law of Code ·

2025/05/27

In this episode, Jacob Robinson is joined by Justin Wales (@bitcoin_wales), Head of Legal (Americas) at Crypto.com and author of The Crypto Legal Handbook. Sponsor: This episode is brought to you by Day One Law — a boutique law firm helping crypto startups navigate complex legal challenges. Visit https://www.dayonelaw.xyz/ to get in touch.With the release of the book’s second edition, Justin shares what’s new: from stablecoin legislation and state-level licensing regimes to AI’s intersection with

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00:38:08

#145 - How Peer-to-Peer transactions are regulated...

Law of Code ·

2025/04/30

If the law were truly “technology-neutral,” what would that look like in practice for a P2P securities transaction via smart contracts?In this episode, Jacob Robinson is joined by Tuongvy Le (@TuongvyLe12), who has served as General Counsel of Anchorage Digital, Partner and Head of Regulatory and Policy at Bain Capital Crypto, and Deputy GC and Compliance Officer at Worldcoin. She also spent almost six years at the SEC as Senior Counsel in the Division of Enforcement and Chief Counsel of the

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00:25:45

#144 - What SEC crypto disclosure guidance means for...

Law of Code ·

2025/04/22

In this episode, Jacob Robinson is joined by Dr. Chris Brummer (@ChrisBrummerDr), Professor of Financial Technology at Georgetown Law and Founder & CEO of Bluprynt, an AI and blockchain-powered platform for automating regulatory disclosures. Together, they unpack the SEC’s recent statement: Offerings and Registrations of Securities in the Crypto Asset Markets — a document that some say could mark a paradigmatic shift in the agency’s approach to digital asset regulation. We also discuss his

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00:25:44

#143 - The biggest legal risk facing crypto...

Law of Code ·

2025/04/18

In this conversation, Jacob Robinson and Amanda Tuminelli, Executive Director of the DeFi Education Fund, delve into the criminal code provision punishing unlicensed money transmitting businesses, why this is relevant for developers of non-custodial crypto projects, and how a recent memo from the Department of Justice on ending “the regulatory weaponization against digital assets" might not have gone far enough.Timestamps: ➡️ 00:00 Intro➡️ 0:46 Sponsor: Day One Law➡️ 01:05 What is Section 1960 and

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