Law of Code

David Kerr (@David_M_Kerr) is the Principal of Cowrie LLC, where he uses ten years of experience in tax strategy, financial accounting, and risk advisory in the industries of gaming, telecommunications, and technology-driven online sales platforms to assist clients. David co-authored "A Legal Framework for Decentralization Autonomous Organizations" together with Miles Jennings. This paper identified a number of taxation, entity formation, and operational issues pertaining to DAOs and suggested a domestic entity structure capable of addressing such issues. In this episode of Law of Code, David shares his views on today's DAOs, writing techniques, settling on the UUNAA framework, and all things taxes.  [1:36] DAOs [8:00] Proving decentralization [16:30] Decentralization as a demonstrable principle [19:00] DAOs & Taxes [21:00] Section 61 & Glenshaw Glass: Dominion and Control [28:30] Income events for token holders [32:00] Writing concisely and the DAO Research Collective [46:00] David’s intro to crypto & consulting background [55:58] Tips for great writing and conducting research across jurisdictions [60:09] Building a career If you enjoyed this episode, please leave us a review. You can subscribe to our newsletter to stay updated on the latest episodes.

(March 24-31) This episode is an overview of the legal landscape for digital assets, outlining the implications, pertinent news, and updates in the crypto law space from the past week. It is a collaboration between the Law of Code Podcast and the CryptoLaw Newsletter, by Ann Sofie Cloots. This will be a weekly installment to ensure you're up to date on the regulations impacting digital assets. This "solo-pod" is an attempt to add value to the space by highlighting ongoing blockchain regulation across the world - with a focus on the legal implications. It's a work in progress and can only get better. I appreciate any feedback on this format - please send your thoughts to @JacobRobinsonJD. If you have suggestions for topics for future solo-pods, I'd love to hear that as well. Now go subscribe to the CryptoLaw Newsletter!

This episode is an overview of the legal landscape for digital assets, outlining the implications, pertinent news, and updates in the crypto law space from the past week. It is a collaboration between the Law of Code Podcast and the CryptoLaw Newsletter, by Ann Sofie Cloots. Moving forward, this will be a weekly installment to ensure you're up to date on the regulations impacting digital assets. This "solo-pod" is an attempt to add value to the space by highlighting ongoing blockchain regulation across the world - with a focus on the legal implications. It's a work in progress and can only get better. I appreciate any feedback on this format - please send your thoughts to @JacobRobinsonJD. If you have suggestions for topics of future solo-pods, I'd love to hear that as well! Now go subscribe to the CryptoLaw Newsletter.

Last week, the @WhiteHouse released its long-anticipated Executive Order on cryptocurrencies, marking the first time this administration explicitly highlighted the need to preserve innovation and competitiveness in the US. This Executive Order lays out a process for multiple agencies to write a framework around digital assets. This episode is an overview of the Executive Order, outlining the implications, pertinent sections, and reactions from thought leaders in the cryptolaw space.  Here are links where you can read the full Executive Order and Fact-Sheet. Jake Chervinsky's (@jchervinsky) article on stablecoins. Highly recommend following Ryan Selkis (@twobitidiot), Congressman Tom Emmer (@RepTomEmmer) and Jerry Brito (@jerrybrito), whose insightful comments were mentioned throughout this episode. This "solo-pod" is my attempt to add value to the space by highlighting ongoing blockchain regulation across the world - with a focus on the legal implications. It's a work in progress and can only get better (right??). Would appreciate any feedback on this format @JacobRobinsonJD or by leaving a review. If you have suggestions for topics of future solo-pods, I'd love to hear that as well!

Ross Campbell (@r_ross_campbell) is a legal engineer and core developer for SushiSwap, LexDAO, and KaliDAO, in addition to being a corporate attorney. In this episode of Law of Code, Ross speaks from his ETH Denver hotel room on legal engineering with the Lex and Kali DAOs, how projects can work with both, and the impact of decentralization on nations. Listen and subscribe to Law of Code for weekly updates and interviews in the world of blockchain at the intersection of the law. [2:14] Ross catches us up on current projects and how Soulmate is creating a library of smart contracts [5:43] Saving gas and testnets [8:00] Difference between Testnets and EVM (& forking mainnet) [9:14] Gas fees [11:40] ETH Denver [14:54] Will developers rug pull lawyers? [25:30] What to consider when forming a DAO [29:38] Kali DAO: What it is, how it works, etc. [40:00] Ross' productivity hacks [46:11] Reframing ‘thinking like a lawyer' [48:44] Accredited investor laws [52:01] Individualism [55:36] Nation-states vs decentralization [60:00] Social safety nets & DAOs [68:20] Mistakes often made when starting down the path of a legal engineer [73:00] $ROSS token Show Notes: - Marty Lobdell - Study Less Study Smart - Cyberspace and the Law of the Horse - LexDAO - Kali DAO

Bennett Tomlin (@BennettTomlin) is the co-host of the podcast Crypto Critics’ Corner, where he breaks down current events in crypto & finance. He is a data scientist who loves to analyze and track down frauds. Bennett also writes a newsletter, the Facts Under Dispute (FUD) Letter, which takes a deep dive into the darkest corners of crypto on a monthly basis. Bennett is a vocal & endearing critic of DeFi, and offers unique and refreshing insight while keeping a close eye on the largest players in the space. In this episode of Law of Code, Bennett and Jacob discuss the evolution of stablecoins, the relationship between Bitfinex & Tether, and what the future holds for Bitcoin. We also cover: [1:16] Bennett's Introduction to Bitcoin [5:05] Crypto Critic's Corner [10:45] Conducting Crypto Research [17:00] Danger of Centralized Actors  [19:10] The Story of Bitfinex & Tether [32:30] Government Regulation of Stablecoins [39:33] Consensus, Decentralization & Bitcoin Hard Forks [45:50] Projects Bennett is Watching  [50:10] Best Advice: "It's better to ask a dumb question, than to fail to ask it and be dumb"  Listen and subscribe to Law of Code for weekly updates and interviews on the intersection of blockchain and the law.

Stephen D. Palley (@stephendpalley) is a Partner in the Washington, D.C office of Anderson Kill, where he chairs the Technology, Media & Distributed Systems practice group. Stephen has written extensively and been quoted widely on legal issues arising from the use of blockchain technology, with appearances in both print and television media. He is also an editor of the International Journal of Blockchain Law (IJBL), a law journal helping non-legal communities better understand blockchain applications and digital assets. In this episode, Stephen discusses his path into the crypto space, gives insight into building a crypto-law dream team, and the truth behind his love for two spaces after each period. Listen and subscribe to Law of Code for weekly updates and interviews on the intersection of blockchain and the law. Episode highlights: [1:10] The Car Game [4:45] Choosing Law School over an English PhD [9:00] How a legal career is different than what Stephen expected [11:55} From Construction and Insurance Law to Crypto [16:50] Impasse Breaker [20:30] Advantages in a legal career from a programming background [23:26] Software Development and Engineering: Licenses? [28:56] Chair Gensler [31:00] Regulatory oversight & what is "decentralization" legally [36:40] Writing for The Block and cases covering decentralization [38:00] Working with anonymous clients? [40:45] The two words why Stephen joined Anderson Kill [53:00] What do young lawyers spend too much time on [56:00] Valuable habits Stephen has developed over the years [58:00] Two spaces after a period, fonts, Google Docs, Twitter & Herring. Of course.  Links:  The Block - Stephen D. Palley 

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