Law of Code

00:33:19

#142 — Unpacking the SEC Statement on Stablecoins...

Law of Code ·

2025/04/11

Jacob Robinson and Larry Florio delve into the SEC's recent statement on stablecoins and how SEC staff applied the Reves and Howey tests to determine whether stablecoins are considered securities. Show highlights:[2:00] What this statement means for lawyers[3:30] When stablecoins aren't securities[7:00] The platonic ideal of a stablecoin[11:00] Applying the Reves test to Covered Stablecoins[18:00] Applying the Howey test to Covered Stablecoins[25:00] The new-look SEC& much

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00:49:42

#141 - Josh Lawler and Jener Sakiri on securities,...

Law of Code ·

2024/07/29

Josh Lawler is a partner at Zuber Lawler, where he leads the firm’s Emerging Technologies Group with a particular emphasis on blockchain technology. Josh previously practiced as a corporate securities and M&A attorney at Skadden, Arps.Jener Sakiri is an associate at Zuber Lawler and focuses on transactional and regulatory matters. He often works with clients involved in blockchain technology. He was previously the Chief Legal Officer of Niftify, a white label NFT marketplace solution for

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01:07:22

SAFEs, SAFTs and what's market for crypto startups...

Law of Code ·

2024/07/22

Nick Pullman (@NickPullmanEsq) is Corporate Counsel and founder of Day One Law Corporation, where he provides legal solutions for tech startups and investors. Nick was previously head of legal at an NFT startup and an associate at Cooley and DLA Piper. In this conversation, we cover: [2:53] Nick's introduction to Bitcoin [7:33] What's market: SAFEs, SAFTs [19:39] Other methods of raising capital Nick's seeing [24:21] Token grants [32:47] Entity structuring & much more. Disclaimer:

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00:50:03

#139 - Changing political tides in DC, Consensys' SEC...

Law of Code ·

2024/06/13

Bill Hughes (@BillHughesDC) is Senior Counsel & Director of Global Regulatory Matters at Consensys Software, which is behind MetaMask, Infura, and various other software supporting the programmable blockchain ecosystem. For more on Bill’s background, I recommend episode 74 of Law of Code. This conversation is focused on the lawsuit Consensys brought in Texas federal court. Show highlights: [2:53] SAB 121, FIT 21 bill [9:51] Accepting crypto in Washington [15:26] The Ethereum ETF [26:38]

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00:42:32

#138 - The future of sports and crypto: Karate Combat

Law of Code ·

2024/05/24

This conversation with two lawyers — Samir Patel and David Kuhn — and an entrepreneur who goes by OnlyLarping covers all aspects of Karate Combat, a novel form of sports league that is betting heavily on crypto. Show highlights: [2:51] What is Karate Combat?[7:26] Implementing token governance[13:11] Crypto and sports[19:34] Why they believe it is not gambling[32:49] Plans for Consensus 2024& much more.Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on

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00:38:45

#137 - Blockchain Association sues the SEC to strike...

Law of Code ·

2024/05/21

Recently, the Blockchain Association (BA) and the Crypto Freedom Alliance of Texas (CFAT) filed a lawsuit against the Securities and Exchange Commission seeking a court order to strike down the SEC’s Dealer Rule due to the SEC’s various Administrative Procedure Act (APA) violations including preventing industry participants from being able to operate under clearly communicated rules and a lack of a fair and transparent rulemaking process. This conversation covers that lawsuit and much more. Marisa

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00:47:16

#136 - Justin Wales on the Crypto Legal Handbook

Law of Code ·

2024/04/22

Justin Wales (@bitcoin_wales) is the Head of Legal for the Americas at Crypto.com. Before going in-house, he was a partner at the international law firm K&L Gates, where he represented crypto companies in all aspects of their business. His new book, The Crypto Legal Handbook, is a must-read guide through the laws of crypto, web3 and an ever-decentralizing world. I had an opportunity to read it prior to this conversation — and loved to see the Law of Code podcast mentioned — so this podcast will

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00:51:09

#135 - Everything you should know about Roman...

Law of Code ·

2024/04/17

Today’s podcast covers the case of Roman Sterlingov, a 33-year-old Swedish-Russian national, was arrested by Internal Revenue Service criminal investigators at the Los Angeles airport and was accused of creating and operating Bitcoin Fog, a bitcoin “mixing” service that the US Justice Department claims Sterlingov used to enable $336 million in money laundering.I’m joined by J.W. Verret, an Associate Professor at George Mason and an expert witness who testified in the case, and Roman’s defense

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00:29:23

#134 - Pre-enforcement lawsuit against the SEC with...

Law of Code ·

2024/04/15

The DeFi Education Fund and co-plaintiff Beba, an apparel company based in Texas, recently filed a pre-enforcement suit challenging the SEC’s regulation by enforcement approach to crypto and their policy that free airdrops are securities transactions. Amanda Tuminelli serves as the DeFi Education Fund's chief legal officer where she leads the organization's impact litigation and policy efforts. Jake Chervinsky recently joined Variant as Chief Legal Officer, where he leads the firm's

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00:27:34

#133 - Liability on smart contract developers: Roman...

Law of Code ·

2024/04/14

After the DEF submitted an amicus brief in the Roman Storm matter, which involves Tornado Cash, I spoke with the two authors: Amanda Tuminelli serves as the DeFi Education Fund's chief legal officer where she leads the organization's impact litigation and policy efforts. Jake Chervinsky recently joined Variant as Chief Legal Officer, where he leads the firm's legal team, and works closely with portfolio founders to overcome the regulatory hurdles holding them back. He’s a board member

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00:54:49

#132 - What is MetaLeX? Plus, why lawyers must take note

Law of Code ·

2024/03/29

Co-founded by longtime cryptolawyers Gabriel Shapiro and Alex Golubitsky, the mission of MetaLeX (which means beyond law) is to combine legal structures and autonomous tech to create best-in-class solutions serving DAOs, devs, and internet denizens with a suite of interoperable autonomous law solutions, which they refer to as MetaLeX OS.The goal is a bold one: Separate law from nation-states in a manner similar to how Bitcoin separates money and Ethereum finance from nation-states. [1:14] What is

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00:50:22

#131 - Is UNI a security after Uniswap turns on the...

Law of Code ·

2024/03/15

Stéphane Daniel (@stephdan_law) is a Partner at d&a partners, an independent law firm dedicated to tech and blockchain entrepreneurs in France and the EU. Stéphane advises high-tech firms with their structuring, fundraising, and M&A transactions. He was notably involved in the first legal structuring (under French law) of DAOs and regularly advises companies on equity, debt, token, or hybrid fundraising and M&A transactions involving blockchain companies.Show highlights: [4:01] Legal

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01:20:19

#130 - Chris Giancarlo, former CFTC Chair on the...

Law of Code ·

2024/03/04

Chris Giancarlo (@giancarloMKTS) is senior counsel and Co-Chair of the Willkie Digital Works practice in the firm’s New York office.Chris served as the thirteenth Chairman of the U.S. CFTC, where he oversaw regulation of the futures, options and swaps derivatives markets. During his tenure at the CFTC (2014-2019), Chris oversaw the first bitcoin futures products entering the marketplace. He’s also published a book, CryptoDad: The Fight for the Future of Money, which I highly recommend. Show

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00:39:03

#129 - Why is the same risk, same rules philosophy...

Law of Code ·

2024/02/27

Eric Hess (@hess_legal) is Founder & Managing Counsel at Hess Legal Counsel, a cybersecurity SaaS platform and consulting company, and hosts The Encrypted Economy podcast.In this episode, we’ll be exploring his recent paper Bridging Policy and Practice: A Pragmatic Approach to Decentralized Finance, Risk, and Regulation. For Part 1, a history of securities regulation in the US, see our prior episode #122. Show highlights: [1:30] Surprising insight about securities regulation [4:30] 2022 White

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00:47:54

#128 - Primavera De Filippi of CNRS and Harvard on...

Law of Code ·

2024/02/22

Primavera De Filippi is a Director of Research at the National Center of Scientific Research (CNRS) in Paris, Faculty Associate at the Berkman Klein Center for Internet & Society at Harvard University, and Visiting Fellow at the Robert Schuman Centre for Advanced Studies at the European University Institute. Her research focuses on the legal challenges and opportunities of blockchain technology and artificial intelligence, with specific focus on governance and trust. Primavera is the author of

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01:08:35

#127 - Cravath's Jeff Dinwoodie on the SEC and the...

Law of Code ·

2024/02/11

Jeffrey T. Dinwoodie is a partner at Cravath, Swaine & Moore, and a member of the firm’s Financial Institutions Group. He has served in senior roles at the SEC and the U.S. Treasury Department, including as Chief Counsel to SEC Chairman Jay Clayton and, earlier, as Chairman Clayton’s Trading and Markets Counsel. Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material

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00:46:45

#126 - Genuine DeFi as Critical Infrastructure: Paper...

Law of Code ·

2024/01/30

Rebecca Rettig, Michael Mosier and Katja Gilman published their paper, Genuine DeFi as Critical Infrastructure: A Conceptual Framework for Combating Illicit Finance Activity in Decentralized Finance and a summary two-pager. This paper proposes a framework (see Section III) to effectively detect, deter and prevent illicit financial activity in DeFi, while preserving the technology as permissionless, neutral infrastructure. This podcast is an audio version of the paper, along with key takeaways and

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00:52:06

#125 - Repost: Coinbase's Motion to Dismiss the SEC's...

Law of Code ·

2024/01/30

On August 4, 2023, Coinbase filed a brief in support of its motion to dismiss the SEC's lawsuit. This podcast provides an audio version of the brief, along with key takeaways and points made within it. Show highlights: [1:00] Preliminary Statement [6:30] Background on the SEC's charges [11:30] Coinbase's argument for dismissal [13:00] Because the complaint alleges no contractual undertaking beyond the point of sale, no investment contract is pleaded [22:00] The SEC misreads Howey in

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00:39:13

#124 - Former CFTC Director Josh Sterling on choosing...

Law of Code ·

2024/01/29

Joshua B. Sterling is a Partner at Jones Day where he represents financial services, energy, fintech, agriculture and other companies in matters before the CFTC, the SEC, and other financial regulators. A former senior regulator, Josh was previously the Director of the CFTC’s Market Participants Division. In that role, he oversaw the 3,300 financial firms worldwide registered with the CFTC to participate in the global derivatives markets. Show highlights: [1:00] Josh's introduction to

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00:41:24

#123 - The SEC vs. Coinbase Hearing: What you should...

Law of Code ·

2024/01/24

Elliott Z. Stein (@NYCStein) is a Senior Litigation Analyst at Bloomberg Intelligence. He previously worked in private practice on structured finance/capital markets litigation, white-collar crime and related capital markets matters. Show highlights: [1:30] Attending Coinbase hearing on Jan 17 [6:00] Why Elliott expects Coinbase to win [12:00] Judge Failla's concern with the SEC's position [16:00] SEC's strongest arguments [18:00] When to expect a decision [20:00] Supreme Court narrowing

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