Law of Code

Justin Daniels is a cybersecurity SME and M&A attorney at Baker Donelson, where he advises corporate clients on the deployment and scaling of technology that ranges from SaaS, Fintech and data centers to autonomous vehicles, drones and cryptocurrency. Justin has co-authored a book (Data Reimagined: Building Trust One Byte at a Time) designed to show businesses how to leverage privacy and security practices to transform their relationships with customers and earn their trust. In this episode, we discuss cybersecurity and crypto, with a deep dive into the Axie Infinity hack. Show highlights: [5:00] Hosting servers and security [19:00] Cybersecurity and digital assets [22:00] Axie Infinity Hack [34:00] Digital trust & much more. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Three of the brightest minds in crypto law discuss LexPunK highlights from 2022, touch on disclosures regimes, sufficient decentralization, compare crypto native remedies to the current legal system, and much more.   Gabriel Shapiro (@lex_node) is General Counsel at Delphi Labs. Sarah Brennan (@SH_Brennan) is General Counsel for both Delphi Research and Delphi Ventures. Marc Goldich (@marcgoldich) is General Counsel of Proximity Labs.  Show highlights:  [2:00] LexPunK highlights from 2022  [10:00] DAO Defense Manual  [14:00] Reg ATS  [20:00] Disclosure in crypto  [31:00] Social slashing and crypto native remedies  [54:00] Decentralization, legally  [58:00] What the group is keeping an eye on in 2023  & much more.  If you enjoyed this episode, please consider leaving a review.  Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can subscribe here.  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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Michael Selig (@MikeSeligEsq) is counsel in the Asset Management Department of the law firm Willkie Farr & Gallagher and part of the firm’s crypto practice. Michael’s practice centers on the application of financial regulation to crypto and web3 technology networks and products, including blockchains and crypto assets. Michael previously worked at the Commodity Futures Trading Commission in the office of former Chair Chris Giancarlo, also known as “CryptoDad,” who he now works with again in private practice at Willkie. In this conversation, Michael shares his experience at the CFTC and provides best practices for dealing with regulators. We also discuss his CoinDesk article What If Regulators Wrote Rules for Crypto?, LBRY, Telegram and the application of securities laws to crypto. If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can subscribe here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Marco Ciarlariello is a member of the Business Law Group and serves as the Chair of the Blockchain & Cryptocurrency Group at Cassels Brock & Blackwell LLP. Marco is a commercial lawyer with a practice that focuses on intellectual property, information technology and data privacy in the digital asset space. Marco works extensively with a range of clients in the digital asset space, including service providers, NFT issuers, designers and developers. Marco also frequently works with clients in the creative, sports and entertainment industries. This conversation provides a list of IP considerations for NFT projects. Show highlights: [2:04] Copyright law [5:20] When NFT projects should approach a lawyer re: IP [9:30] Copyright ownership [13:20] Transferring copyright [18:40] Moral rights [29:20] Legal considerations for NFT projects [46:00] NFT licenses & much more. If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Jason Gottlieb (@ohaiom) is a Partner at Morrison Cohen LLP, where he chairs the Digital Assets group and the White Collar and Regulatory Enforcement practice group. Jason is the principal author of the MoCo Cryptocurrency Litigation Tracker and was named to the National Law Journal‘s inaugural list of Cryptocurrency, Blockchain and Fintech Trailblazers.  Show highlights: [1:50] Refco [6:40] Why crypto [19:00] DAO member liability [26:00] Legal wrappers & much more. If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Greg Xethalis (@xethalis) is General Counsel and Chief Compliance Officer at Multicoin Capital. He is on the board at the Association for Digital Asset Markets & Fordham Law Alumni Association. Greg also is a senior lecturing fellow at Duke Law, where he co-taught Blockchain and FinTech Law and Policy.  This episode offers a deep dive into the GBTC, Bitcoin-backed ETPs and the Investment Act of 1940. Show highlights: [1:45] Genesis block [9:25] Bitcoin ETP [14:20] GBTC [17:00] Shadow ETP [26:00] Algorithmic stablecoins & much more. -- If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Aaron Wright (@awrigh01) is the CEO and co-founder of @TributeLabsXYZ, as well as @TheLAOOfficial, @flamingoDAO, & many more. He’s a Professor at Cardozo Law, authored a book relating to the laws surrounding blockchain technology: Blockchain and the Law: The Rule of Code, and wrote many great articles. Before this, Aaron was a successful entrepreneur, having sold his first company to Wikia - the for-profit version of Wikipedia. Today, Aaron is a renowned thought-leader in the blockchain space at the forefront of DAOs. Show highlights: [2:00] Aaron's first business, Armchair GM [6:40] Aaron's introduction to crypto [11:00] Current stage of crypto [13:00] Writing Blockchain and the Law [24:00] Tribute Labs [29:00] DAOs in 5 years & much more. Aaron’s spoken on many other podcasts, which you can find here: https://www.youtube.com/watch?v=c54PzVtpL60, https://www.youtube.com/watch?v=RwERbY9MUok, https://podcasts.apple.com/kz/podcast/a-dao-masterclass-with-aaron-wright/id1438148082?i=1000503097469, https://podcasts.google.com/feed/aHR0cDovL3VuY2hhaW5lZC5saWJzeW4uY29tL3VuY2hhaW5lZA/episode/NjY0ZjZjODYtNjg3OS00ZmU5LThhNjEtNGFmMDE4ZDY0YmQy , https://podcasts.google.com/feed/aHR0cHM6Ly9zZWVkY2x1Yi5saWJzeW4uY29tL3Jzcw/episode/YWQxNGMwYTQtYzE4Ni00N2NlLWE3YmEtZWI3MGZkNWI2MGUx?hl=en-CA&ved=2ahUKEwjYyfHL-9D4AhVTbc0KHXn3AlEQjrkEegQIChAU&ep=6. If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Securities regulators in the United States have repeatedly asserted that most fungible blockchain-based crypto assets are clearly securities under current law. This assertion is incorrect. An exhaustive review of the relevant appellate case law and the related legal scholarship demonstrates that this position is inconsistent with the Supreme Court’s definition of the term “investment contract” as developed by federal appellate courts for nearly a century. This is a panel discussion on the paper by the DLx Law (@DLxLawLLP) team, "The Ineluctable Modality of Securities Law: Why Fungible Crypto Assets are Not Securities.” It is a two-part series, where both Eric Hess (@hess_legal) and I (@JacobRobinsonJD) interview members of the DLx team.  You can find part 2 on Eric's podcast, the Encrypted Economy, here.  Guests 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. Lewis is also recognized by Chambers Global as one of only five lawyers in “Band 1” for Legal: Blockchain & Cryptocurrencies.  Gregory Strong is an attorney at DLx Law, where he focuses on advising entities regarding legal issues associated with the adoption of blockchain technology. Prior to joining DLx Law, Greg was a Deputy Attorney General in the Delaware Department of Justice. He served as the Director of the Investor Protection Unit for three years and was responsible for administering and enforcing the provisions of the Delaware Securities Act.  Sarah Chen (@sarahcwy143) is an attorney at DLx Law, where, along with her colleagues, she focuses on matters related to the use of blockchain technology, including general corporate, venture financing, securities laws and financial regulations. Prior to joining DLx Law, Sarah was a senior associate at a top M&A practice in New York. Sarah received her B.A. from New York University, and her J.D. from Columbia Law School.  Freeman Lewin (@Freeman_Lewin) is an attorney at DLx Law, where, along with his colleagues, he focuses on securities and financial regulatory matters related to blockchain and cryptocurrency projects and institutional investors. Freeman received his B.A. in Religion from Concordia University in Montreal and his J.D. from Yeshiva University Cardozo School of Law where he was part of the Cardozo Blockchain Project.  Notes If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Andrew "Drew" Hinkes (@propelforward) is a partner in K&L Gates Miami office and the Co-Chair of its Global crypto practice. Drew is an Adjunct Professor of Law at the NYU School of Law, where he co-teaches "Digital Currency, Blockchains, and the Future of the Financial Services Industry.” Since 2019, Drew has been an advisor to the Uniform Law Commission’s Uniform Commercial Code (UCC) and Emerging Technologies Digital Assets Working Group, focusing on commercial transactions involving digital assets. Dr Andrea Tosato (@Andrea_Tosato) is an Associate Professor in Commercial Law at the School of Law of the University of Nottingham and a Visiting Associate Professor at the University of Pennsylvania Law School. Andrea was actively involved in the ULC/ALI UCC and Emerging Technologies Committee that drafted the amendments to the UCC to accommodate emerging technology developments. At present, he is contributing to the adoption and enactment process of this novel legal framework at state level.  Show highlights [3:40] What is Article 12? [15:40] Process of creating Article 12 [30:00] Controllable electronic records [42:00] Benefits of Article 12 [49:00] Filing financial statements & much more Links Article: Carla L. Reyes, Creating Cryptolaw for the Uniform Commercial Code Article: Kara J. Burce, Christopher K. Odinet, and Andrea Tosato, The Private Law of Stablecoins If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here. 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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

Bill Hughes (@BillHughesDC) is senior counsel and director of global regulatory matters at ConsenSys Software, which is behind MetaMask, Infura, and various other software supporting the programmable blockchain ecosystem. Bill focuses on the diverse and ever evolving crypto global regulatory landscape, and the legal and public policy issues with which ConsenSys and the broader crypto ecosystem is grappling. Bill joined ConsenSys after serving as an Associate Deputy Attorney General at the Department of Justice. Bill also has served at the White House, where he oversaw various operational components.  Show highlights:  [2:00] The state of crypto post-FTX  [12:00] Smart contracts   [16:40] The White House  [24:00] Bill's role at ConsenSys  [31:00] Specializing in a legal career  [39:00] Money Crypto & Tech Crypto  & much more.  If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes.  Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible resource here.  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 published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.