Yesha Yadav on Crypto Bankruptcies, Stablecoin, and Treasury Market issues
Dec 1, 2023
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Yesha Yadav, Associate Dean and Professor of Law at Vanderbilt University, discusses crypto bankruptcies, regulation and enforcement risks, the impact of AI on financial markets, and the role of stablecoins and CBDCs. The podcast also explores bankruptcy courts' role, the use of enforcement actions, vulnerabilities in the US Treasury market, and ends with a casual conversation on TV show recommendations.
The bankruptcy courts lack expertise in crypto markets, affecting the recovery of unsecured creditors and highlighting the need for tailored regulations.
Relying solely on enforcement actions in crypto regulation can limit collaboration, information sharing, and potentially undermine regulatory agencies in the long run.
Deep dives
The Impact of Recent Crypto Bankruptcies on Regulation
The collapse of major crypto institutions like FTX, Celsius, Voyager, and BlockFi has highlighted the need for tailored regulations in the crypto ecosystem. The bankruptcy courts have played a crucial role in these cases, making important decisions about information disclosure, creditor status, and governance. However, the bankruptcy courts lack expertise in crypto markets, and the high cost of buying expertise has affected the recovery of unsecured creditors. The regulatory role of bankruptcy courts has implications for the SEC and other regulatory bodies, as they navigate the evolving landscape of crypto regulation.
Enforcement Actions and Regulation
Regulation by enforcement actions has been a prominent approach in various industries, including crypto and tech. Enforcement actions can have a significant impact in arresting bad behavior and creating a chilling effect on the market. However, relying solely on enforcement actions can limit the collaboration, dialogue, and information sharing that come with rulemaking. It may also risk regulatory capture and potentially undermine the authority of regulatory agencies in the long run.
Stablecoins and CBDCs in Financial Markets
Stablecoins are gaining acceptance in financial markets for their potential to facilitate rapid payment settlement and programmability. Major institutions like JP Morgan are also exploring the use of stablecoins for internal settlement. Meanwhile, central bank digital currencies (CBDCs) are being considered as the future of payments, with countries like the UK exploring the digitization of their national currency. As CBDCs gain traction, questions about governance, surveillance, and regulatory implications arise.
Challenges in the Treasury Market and Regulatory Reform
The Treasury market faces significant challenges, including liquidity strains, changing buyer dynamics, and deficiencies in its microstructure. Recent failed auctions and the reliance on domestic household sector for Treasury purchases highlight these issues. However, regulatory reform in the Treasury market has been slow, delaying potential solutions. Areas of focus include exploring the impact of centrally clearing US Treasuries and addressing liquidity fragility and strains in the market structure.
Yesha Yadav is Associate Dean and Professor of Law at Vanderbilt University Law School. She is one of the world’s leading experts on financial and securities regulation. Before Vanderbilt, Yesha worked as legal counsel with the World Bank and before that she practiced regulatory and derivatives law at Clifford Chance. This week's podcast covers key bankruptcies in crypto from Celsius to FTX, crypto regulation and enforcement risks, and the impact of AI in financial markets.