Law of Code

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.

The DAO Research Collective (@DAOResearchCo) is a non-profit accelerating DAO functionality by procuring and open-sourcing research foundational to effective DAO operation. Their DAO Library aggregates and curates DAO research on a single platform. It is a public good that will always be accessible to the community at no cost.  Connor Spelliscy (@c_spelliscy) is the Founder and Executive Director of the DAO Research Collective. He is a crypto researcher and advocate, primarily focused on DAOs. Connor previously co-founded the Blockchain Association and the Canadian Web3 Council. David Kerr (@David_M_Kerr) is the Head of Research at the DAO Research Collective and the Principal of Cowrie LLC. At Cowrie, David uses ten years of experience in tax strategy, financial accounting, and risk advisory in the tech industry to produce research and advise crypto projects. Show highlights [1:00] Why start the DRC? [10:30] How the DRC adds value to the community [15:00] Why DAOs are important [24:00] DAOs and future regulation [37:00] DRC's roadmap [50:00] How people can get involved with the DRC & much more. Closing If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. PSA: Ledn is looking to hire crypto-focused, financial-payments savvy lawyer as their Senior Counsel. You can learn more about the role here: https://jobs.lever.co/ledn. Tell them you heard about the job from the Law of Code podcast. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible (and free) 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.

Dane Lund (@lund_dane) is Head DAO Architect at Alliance, the leading Web3 accelerator and founder community. He started his career as an attorney at Wilkie Farr and pivoted into finance as investment banker and investor.  Show highlights [3:19] Defining DAOs [4:45] Alliance DAO [10:00] How projects get involved with Alliance [11:30] Dane's DAO Lecture @ Cornell [41:00] Law in the Metaverse [47:30] Finding a web3 lawyer [52:00] How attorney's can better work with clients [55:00] DCCPA & much more. Resources Dane's lecture notes for Cornell's Crypto Assets and Web3 Seminar US Securities Primer Finding and Vetting Web3 Attorneys: Five Lessons Closing If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. PSA: Ledn is looking to hire crypto-focused, financial-payments savvy lawyer as their Senior Counsel. You can learn more about the role here: https://jobs.lever.co/ledn. Tell them you heard about the job from the Law of Code podcast. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible (and free) 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.

Carol Van Cleef (@Carol_VanCleef) is an internationally recognized authority and pioneer in legal issues involving cryptocurrencies and blockchain technology. As chair of Bradley’s Blockchain and Digital Assets practice, Carol leads the firm’s virtual currencies and blockchain work to help clients navigate the complex, dynamic and rapidly evolving issues in these areas. Carol is also an anti-money laundering specialist and has created compliance training programs for state regulators, bank executives and beyond. Show highlights: [7:00] E-Gold [12:00] Classifying digital assets [22:00] Tornado Cash [32:40] Applying sanctions [40:00] De-banking & 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. PSA: Ledn is looking to hire crypto-focused, financial-payments savvy lawyer as their Senior Counsel. You can learn more about the role here: https://jobs.lever.co/ledn. Tell them you heard about the job from the Law of Code podcast. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can find this incredible (and free) 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.

Paul Grewal (@iampaulgrewal) is the Chief Legal Officer of Coinbase, where he is responsible for Coinbase’s legal, compliance, global intelligence, risk management and government relations groups. Before joining Coinbase, Paul was Vice President and Deputy General Counsel at Facebook.   Show highlights:  [1:40] Paul's role as Chief Legal Officer @ Coinbase  [6:30] Introduction to crypto as a magistrate judge  [12:30] Rule-making in crypto law  [16:30] Listing assets on Coinbase  [22:00] Tornado Cash lawsuit  [32:00] Remaining grounded  [34:25] Playing offense against regulators  [38:00] Regulation by enforcement  & much more.   Resources:  Stanford Talk Proof of Alignment Coinbase does not list securities The Crypto Securities Market is Waiting to be Unlocked. But First We Need Workable Rules If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes.  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.

Rebecca Rettig (@RebeccaRettig1) is the General Counsel of the Aave Companies (@AaveAave). 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.  In this conversation, Rebecca shares her thoughts on DeFi regulation, as well as: [5:30] Bringing clients through the regulatory enforcement process  [6:45] Ooki DAO [16:00] Regulatory Catch-22 [23:00] DeFi & Regulation: Can they co-exist? [37:00] MiCA & much more. You can watch Rebecca's talk at EthCC here. If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. PSA: Ledn is looking to hire crypto-focused, financial-payments savvy lawyer as their Senior Counsel. You can learn more about the role here: https://jobs.lever.co/ledn. Tell them you heard about the job from the Law of Code podcast. 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.

Have you ever wondered about the history of the CFTC, SEC, or other regulatory agencies? In this episode, Marisa Coppel walks me through each America regulatory agency that impacts crypto - who they are, why they were created and what role they play in the crypto ecosystem. Marisa Tashman Coppel (@mtcoppel) is policy counsel at the Blockchain Association, where she helps develop and advocate for policy positions on behalf of the crypto industry as well as manages long-term legal projects and strategic litigation. She also writes a newsletter called Becoming Undefined, which focuses on themes of spirituality and self-discovery. Show highlights: [11:00] Securities and Exchange Commission (SEC) [16:00] Commodity Futures Trading Commission (CFTC) [21:00] Department of Justice (DOJ) [25:00] Treasury Department & Sanctions [39:00] Consumer Financial Protection Bureau (CFPB) & 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. Ledn is looking to hire crypto-focused, financial-payments savvy lawyer as their Senior Counsel. You can learn more about the role here: https://jobs.lever.co/ledn. Tell them you heard about the job from the Law of Code podcast. 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.