Law of Code

Nelson Rosario (@NelsonMRosario) is the founder of Rosario Tech Law, a boutique law firm in Illinois focused on companies building the new economy on top of blockchain. Nelson’s widely respected commentary and analysis have been featured in the New York Times, TechCrunch and CoinDesk. In this episode of Law of Code, Nelson and Jacob discuss IP and copyright, SpiceDAO, and what the future holds for NFTs. [1:57] What sold Nelson on blockchain [11:35] Why IP law is so important [14:40] NFT & IP concerns people are overlooking [18:00] Spice DAO [25:40] The future of copyright in a digital world [32:15] Benefits of open-source IP  [38:43] Answering novel legal questions [43:27] Starting Rosario Tech Law [49:42] Nelson’s love for Chicago [53:46] What habits make a great lawyer?

Preston Byrne (@prestonjbyrne) is a partner at Anderson Kill, where his practice is focused on early-stage high-tech companies, particularly regarding corporate transactions, IP, and other cross-border legal issues. He was previously a co-founder of Monax, the first permissioned blockchain, in 2014.  In this episode, Preston gives a history of his involvement in blockchain, looks at the evolution of DAOs, and gives his perspective on running a crypto practice. He also explains landing his first client on the day he was called to the bar. Listen and subscribe to Law of Code for weekly updates and interviews in the world of blockchain at the intersection of the law.  Show highlights:  [02:10] Preston's introduction to Bitcoin  [13:17] The mutation doctrine: Bitcoin and Ethereum.  [19:43] Important things to keep in mind when building a crypto-law practice  [24:07] Current DAO trends  [34:57] NFTs, crypto, and the broader market  [39:51] Best practices for interacting with crypto clients  [44:32] Why return to the USA after law school in England?  [50:58] Why Preston joined Anderson Kill  [52:45] “The Back of the Envelope”  [56:07] Exposure to cities as a category of risk  [1:00:47] Remote-first lawyers  [1:01:49] How has Preston’s reading shaped his views?  [1:08:52] What advice shaped Preston's career?  [1:11:29] What habits should lawyers establish early on?  Resources:  Applied Cryptography: Protocols, Algorithms and Source Code in C  Sane Society by Erich Fromm  Preston's site: https://prestonbyrne.com/ 

Lewis Cohen (@NYCryptoLawyer) is a co-founder of DLx Law, where his practice is focused on the use of blockchain and tokenization across capital markets. As a former global top 50 partner with 20 years of experience, Lewis is a frequent speaker on blockchain and is recognized by Chambers Global across legal, blockchain, and cryptocurrencies in the U.S. In this episode, Lewis discusses creating a law firm in the crypto space, gives a master class on securities and commodities, and discusses the role of bridging blockchain and real-world assets. Listen and subscribe to Law of Code for weekly updates and interviews in the world of blockchain at the intersection of the law. [00:00] Meet Lewis Cohen [01:44] Book recommendations [06:09] What got Lewis interested in blockchain? [07:59] DLx Law [11:11] DLx Coin 👀 [16:45] Crypto regulation [20:58] The role of on and off-ramps & KYC [23:59] What is a security, really [35:39] DAOs [39:01] What DAO would Lewis like to join? [42:23] What role might co-op statutes, regulation, and labor union treasuries play? [50:01] The Wyoming DAO statute [52:34] Bridging the gap between real-world and on-chain [55:43] What does Lewis think about stablecoins? [1:04:16] Building your knowledge and credibility in crypto [1:09:18] Lewis’ system for keeping on top of changes [1:11:41 With the constant change and iteration in crypto, what has surprised Lewis in recent years? [1:17:24] What advice did Lewis receive early on which shaped his career? Links: DeFi: A Pathway Forward by Alexander Lipton and Lewis Cohen Books: The Starfish and the Spider by Rod Beckstrom and Ori Brafman  The Sovereign Individual by James Dale Davidson The Marshall Plan by Benn Steil Collected works of Sherlock Holmes, Arthur Conan Doyle

Lori Stein is Co-Head of the Digital Assets and Blockchain practice at Osler, Hoskin, & Harcourt LLP, and a Partner in their Corporate Department. Lori is one of the top attorneys in Canadian FinTech & Securities, playing a major role in the development of crypto investment regulations. With clients such as 3iQ Corp., Lori had an integral role in establishing the first publicly traded Bitcoin & Ethereum investment funds in the world. Lori regularly advises Canadian companies on blockchain and cryptocurrency law, and has been widely published and quoted in the media for her expertise in this space.   Show highlights:  - The path to convincing the Ontario Securities Commission (OSC) to allow the world's first publicly traded crypto investment fund  - How Lori prepared for her arguments to the OSC and best practices when navigating new areas of law  "At one point, the idea of a gold or silver ETF was completely novel" - What regulators can do to capitalize on the potential of crypto, while protecting consumers  - Comparing the burden of proof in Canada vs the United States - DAOs: Suitable approaches to legal recognition, applying the Howey test, and what the future holds  - NFTs & securities regulation - Working with clients: first conversations and asking questions  - Law of Code NFT?  - Mentorship & much more.

Addison Cameron-Huff (@aCameronhuff) has been practicing in the blockchain space since 2014. Addison has managed a blockchain wallet company, built dev teams, provided legal advice to founders of Ethereum, taught at the University of Toronto Faculty of Law, and was one of the first Canadian lawyers to work in blockchain. Show highlights: [3:15] - Why he received a call from a co-founder of Ethereum in 2014 [4:42] - Starting a crypto-law firm: What the first few months looked like [7:35] - Building momentum for your legal practice (including what not to do) and the importance of writing long-form articles [10:55] - Imposter syndrome in the legal industry [13:12] - When/How to say “I don’t know” when given a request you are unsure how to address [16:45] - How to stay abreast of fast-moving crypto developments (as well as the slower-moving legal side) [17:55] - The importance of understanding clients as you build your understanding of the law [18:44] - Why Addison chose to start his own firm instead of joining BigLaw [22:00] - The benefits of not scaling your law firm [25:45] - What early entrepreneurial experiences can offer as life lessons [31:00] - How Addison’s legal practice changed since 2014 [36:30] - The benefits of staying in the legal profession [39:00] - The first stablecoin in Canada [44:30] - The process associated with novel legal work (Canadian stablecoin) [48:30] - Twitter and American Law (from a Canadian’s perspective) [54:00] - DAOs over the next five years Thanks for listening!

Jacob Martin (@thenftattorney) is an attorney based in Southern California, founder of JTM Tech Law, and General Partner at 2 Punks Capital. While in law school, Jacob founded a legal tech startup focused on "tying Testamentary documents to the blockchain." Today, as Founder of JTM Tech Law, he consults & advises NFT artists & collectors, DAOs, auction houses, entertainment & tech companies on all things crypto, blockchain, & NFT.  Show highlights: - His introduction to Bitcoin and NFTs - Buying a Cryptopunk - Becoming the "NFT Attorney" & starting a crypto-focused practice - Learning the law as a sole practitioner  - How Jacob produced the NFT Tax Guide - Why he's still a lawyer & much more.

Michael Bacina (@MikeBacina) is a Partner at Piper Alderman in Sydney, Australia. Michael advises companies at the intersection of cutting edge technology, automation and innovation. Michael regularly publishes on Blockchain and technology matters. He has been ranked Band 1 in FinTech by the prestigious Chambers & Partners in 2019, 2020 and 2021, and serves on the Board of Blockchain Australia and the Board of the Canadian Australian Chamber of Commerce. Show highlights: - Michael's blockchain-based practice at Piper Alderman - Building one of the best blockchain-focused legal practices in Australia - Recent Australian Government paper on virtual assets "We've never seen so many companies asking to be regulated" - The benefits of a background in computer programming  - Michael's blog about blockchain law - Working with the Australian Government on crypto regulation - What makes a great lawyer - How to get a job in crypto law & much more.

TRM Labs delivers cryptocurrency fraud detection and anti-money laundering (AML) solutions to financial institutions and governments worldwide.  Ari Redbord (@ARedbord) is Head of Legal & Government Affairs at TRM. Prior to joining TRM, Ari served at the United States Department of the Treasury as a Senior Advisor to the Deputy Secretary and the Under Secretary for Terrorism and Financial Intelligence (TFI). In this capacity, Ari worked with teams from the Financial Crimes Enforcement Network (FinCEN), Office of Foreign Assets Control (OFAC), and other Treasury and interagency components on issues related to cryptocurrency, sanctions, the Bank Secrecy Act, and anti-money laundering strategies. Drew Morris (@Drew_Morris) is Legal Counsel at TRM. Prior to TRM, Drew was General Counsel at WorkJam and an Associate at Wilson Sonsini Goodrich and Rosati LLP.  Show highlights: - Ari's introduction to crypto through experience with North Korea - Why TRM Labs is an important part of the crypto ecosystem - TRM Talks - Comparing the startup environment with work as a prosecutor - What they both learned in previous roles - FATF’s final version of its Updated Guidance for a Risk-Based Approach for Virtual Assets and Virtual Asset Providers - VASP - What makes a top calibre lawyer - How to network in the legal profession & much more.

Jake Chervinsky (@jchervinsky) is involved in all aspects of the crypto ecosystem & has a strong understanding of the regulatory space surrounding crypto. Jake is Head of Policy at the Blockchain Association and Advisor for the Variant Fund, and former General Counsel for Compound Labs.  Rebecca Rettig (@RebeccaRettig1) is the General Counsel of the Aave Companies, a group of software development companies in Europe that build open source, blockchain-based software. Rebecca began her legal career at Cravath, Swaine & Moore LLP in New York, litigating complex commercial disputes; prior to joining the Aave Companies, Rebecca was a partner at Manatt, Phelps & Phillips LLP in the financial services group, representing blockchain and crypto clients.  Sarah (Hody) Shtylman (@SHodyEsq) is a Partner at Perkins Coie, where she advises innovators in the fintech and blockchain industries, and her clients range from entrepreneurs and startups to big tech and regulated financial institutions. Sarah’s background includes serving as in-house regulatory counsel at Coinbase (2nd lawyer hired), Levine & Associates (a litigation boutique), and Hody Esq., as a Sole Proprietor.  This episode answers the question: What should I do if I want to become a crypto lawyer? While focused on crypto, the principles can be applied to any legal area. This was such a fun episode to record, as each guest offers incredible insights.   Show highlights:  - How Rebecca built a practice in crypto [3:30]  - What helped Rebecca establish a crypto arbitration practice [7:45]  - Sarah’s introduction to crypto [9:00]  - Being the second lawyer at Coinbase [14:00]  - Jake’s crypto law journey [16:00]  - What law students should get on their resume to get roles in crypto [21:00]  - How to determine which area of law to tie crypto into [34:00]  - Finding an area of law in which to specialize [37:00]  - Dealing with the pressure to specialize [41:00]  “Recognizing when you hit diminishing returns in your job, and when it’s time to move on” - Jake  - Imposter syndrome in the legal industry [44:00]  - Do crypto lawyers need to learn to code? [49:00]  - One important piece of advice for professionals beginning their careers [63:00]  “Come join the revolution with us” - Rebecca  Thanks for listening! If you enjoyed the podcast, please share and review. You can follow me, Jacob Robinson, on Twitter @jacobrobinsonjd. For the latest updates from Law of Code - subscribe to our newsletter.

Gabe and Sarah are experts on all things crypto and some of my brightest minds in the space. If you’re at all interested in Web3, you must follow both.  Gabriel Shapiro (@lex_node) is General Counsel at Delphi Labs. Gabe was previously a Partner at Belcher, Smolen & Van Loo LLP, where he was a corporate attorney for builders of DeFi, DAOs, blockchain & other decentralization technologies.  Sarah (Lord) Brennan (@SH_Brennan) is a corporate and securities attorney with over a decade of experience and a strong interest in technology who is passionate about helping companies grow and scale. Sarah is General Counsel at Delphi Ventures. Prior to joining Delphi, Sarah was Head of Harter Secrest & Emery LLP's Digital Assets and Disruptive Tech Practice and is a former Partner at Lippes Mathias LLP. Show highlights - Problems Gabe and Sarah see with the regulatory approach to crypto and viable paths forward  - Competing philosophies around tokens – essentialism vs functionalism - What are tokens, legally? What should they be - What is decentralization legally, why is it important and how could this change in the future? - Governance structures, what does good governance mean, what are the common theories and opportunities, best practices - LeXPunk – 2-min intro to LexPunk + Builder Defense DAO, plans, visions, values - Updating the Venture Model for DeFi: problems & solutions  - What aspect of crypto-law are Gabe and Sarah most interested in seeing develop and why & much more