Law of Code

Olta Andoni (@AndoniOlta) is the Deputy General Counsel at Ava Labs, a company that helps launch decentralized finance applications on Avalanche. She was previously the Chief Legal Officer at Nifty’s, has lectured for Chicago-Kent, College of Law, and is a writer for Coindesk.  In this conversation, Olta and I discussion the new CryptoPunks license, the Yuga Labs v. Ryder Ripps case, and the importance of NFT IP licenses. Show hightlights: [7:00] CryptoPunks license [17:00] Commercial rights & $100K limits [24:00] Choosing which IP license to grant [28:00] Ryder Ripps case [36:00] Owl explains & 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. 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.

Larry Florio (@LarryFlorio) is General Counsel at Delphia Technologies Inc., one of the most innovative data-drive investment DAO projects in the world. Larry previously held senior counsel roles with several prominent blockchain-focused software developers. In this conversation, we cover business goals vs legal goals, the 80/20 principal, and how crypto law is developing. Show highlights: [1:20] Genesis block [4:00] TradFi [8:30] Privacy [11:00] Business mindset in a legal role [20:00] Get comfortable being uncomfortable [26:00] Delphia [36:00] How Larry starts each day [41:00] Life online [48:00] @thing3_xyz [54:00] Habits & advice & 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. 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.

Miller Whitehouse-Levine (@millercwl) is the Policy Director at the DeFi Education Fund (@fund_defi). With oversight from the DeFi Education Fund’s grants committee, Miller has overall strategic and operational responsibility for the execution of the Education Fund’s mission and goals. Prior to joining the fund, Miller led the Blockchain Association’s policy operation and worked at Goldstein Policy Solutions on a range of public policy issues, including crypto.  In this conversation, we cover all aspects of the Tornado Cash saga, how the DeFi Education Fund works, and outline the interplay between the various government and international agencies governing crypto. Show highlights: [1:30] Genesis block [5:20] Lobbying and policy-making [14:30] DeFi 101 [24:00] DeFi Education Fund [28:00] Tornado Cash sanctions [43:15] Freedom of Information Act Request [52:30] Privacy & the surveillance state & 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. 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.

Patrick Hansen (@paddi_hansen) serves as crypto venture advisor at Presight Capital, a global venture fund with +$600m AUM and 50+ startups in its portfolio. Patrick previously  worked as head of strategy & business development at crypto-wallet startup Unstoppable Finance and head of blockchain at Bitkom, Europe’s largest tech association, where he led crypto-related regulatory work, research, and partnerships. This conversation covers all things crypto regulation (EU, travel rule, stablecoins etc.) and what Patrick expects the landscape to look like in the future. We’ll also touch on best practices he’s seen in his research and what makes the EU a global leader in crypto regulation. Show highlights: [2:22] Genesis block [5:10] Building a presence on Twitter [10:00] MiCA & TFR in the EU [23:30] Principles of EU regulation & blockchain [28:04] Digital Euro [37:00] EU Stablecoins [43:50] Global coordination on regulation & much more. Thanks for listening! If you enjoyed this episode, please consider leaving a review. You can subscribe to the 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.

Marc Boiron (@boironattorney) is the Chief Legal Officer of the Polygon companies and a strategic advisor at Variant Fund, an early-stage fund investing in web3. He’s also a board member of the DeFi Education Fund. Marc recently published an excellent article, titled “Sufficient Decentralization: A playbook for Web3 builders and lawyers.”  In this episode, we dive deep into Marc's article to highlight how builders and lawyers should think about sufficient decentralization. We also touch on Marc’s journey and his thoughts on the current state of crypto regulation. Show highlights: [2:03] Marc's introduction to Bitcoin [9:27] Why decentralization is important [17:08] Best practices in decentralization [24:00] The critical point in Marc's paper [37:40] Airdrops & the Howey Test [42:00] Mutation doctrine [53:00] Tools for DAO communities & much more. Resources: Sufficient Decentralization: A Playbook for web3 Builders and Lawyers Thanks for listening! If you enjoyed this episode, please consider leaving a review. You can subscribe to the 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.

Yitzy Hammer and Samuel Goldfaden are co-founders of DLT Law and two crypto-focused lawyers based in Israel. Yitzy has been working with tech companies for the past 6 years on M&A, IP, privacy (CIPP/E certified), and corporate and commercial law-related legal issues. Samuel specializes in AML compliance and financial regulation.  Both Yitzy and Samuel worked for many years at Herzog, Fox & Neeman, Israel's largest law firm, including through the 2017 ICO craze. Recognizing a need for tailored services in the web3 space, they launched DLT Law, a unique practice where they work exclusively with crypto and blockchain-related products and services - NFT creators, DAOs, exchanges, and funds. In addition, they provide strategic consulting to web3 projects, drawing on their experience in the industry. Show highlights: [2:00] Genesis block [8:50] Choosing to start a crypto-law firm [10:50] Learnings from NFT NYC [15:15] Should securities laws apply to NFTs [19:20] The NFTs of the future [22:40] Revisiting Yuga Labs vs Ryder Ripps & 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. 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 Richards is an attorney and partner at Richards & Moskowitz PLC, a boutique Arizona firm serving the civil litigation needs of business, government and individuals. Through nearly three decades of trial practice, Bill has developed an expertise in successfully managing the most complex litigation matters. In private practice, he has represented global banking institutions, government bodies, judges, multibillion-dollar investment firms, as well as victims of consumer fraud and civil rights violations. When he is not advising clients, Bill is an adjunct professor for the Sandra Day O’Connor College of Law at Arizona State University, where he teaches trial advocacy. He is also an avid endurance runner.  Gideon Esakoff (@gid3xn) is an attorney at Richards & Moskowitz, where he represents businesses, government agencies and individuals. Gideon also studies the legal and social implications of emerging technologies including artificial intelligence and blockchain.  Show highlights: [4:00] Identifying warning signs [9:50] The automobile is analogous to crypto [16:00] Self-governing devs & the law society [25:00] Storytelling in the courtroom [30:50] Avoiding crypto litigation 101 [44:50] What commercial lawyers can learn from litigators [57:00] Being yourself [75:30] Importance of understanding the facts & 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. 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.

Kelsie Nabben (@kelsiemvn) is a researcher of decentralized technology communities. As an ethnographic researcher, she is interested in the human outcomes of digital infrastructure, blockchain community culture, and algorithmic governance. Kelsie is also a recipient of a PhD scholarship at the RMIT University Centre of Excellence for Automated Decision-Making & Society, a Fellow at the DAO Research Collective, and a researcher in the Digital Ethnography Research Centre and Blockchain Innovation Hub. Show highlights: [1:51] Kelsie's introduction to Bitcoin [6:15] Ethnography & her current role [13:00] How to study a DAO [15:05] Decentralization [21:19] Autonomousness & Automation [30:22] Sovereignty and DAOs [43:00] Resilience and "Good Governance" [56:55] Habits & advice Show links & Kelsie's writing: Blockchain Security as “People Security”: Applying Sociotechnical Security to Blockchain Technology Towards a participatory digital ethnography of blockchain governance Steven Levy, Crypto: How the Code Rebels Beat the Government Saving Privacy in the Digital Age Aligning ‘Decentralized Autonomous Organization’ to Precedents in Cybernetics Imagining Human-Machine Futures: Blockchain-based 'Decentralized Autonomous Organizations' What is Resilience? Towards a model of resilience in decentralised socio-technical infrastructure DAO Vulnerabilities: A Multi-Scale DAO Ecosystem Mapping Tool Towards Computer-Aided Governance DAO Vulnerabilities: A Map of Lido Governance Risks & Opportunities kong.land/ ‘Crypto-States’ Will Compete With Corporates in the Metaverse A collection of Kelsie's writing

Mike Wawszczak (@dotwavsz) is General Counsel at @alliancedao and a valuable contributor to the DAO ecosystem. Mike has written extensive twitter threads and insightful articles on all things DAOs.  This conversation touches on the origins of Mt. Gox, philosophical issues with the current legal system, and the future of DAOs. Show highlights: [2:00] Magic the Gathering & Mt. Gox [7:00] Online Pseudonymity  [11:00] Law & Economics [17:00] Enforcing the Law [23:00] Advice & Habits 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.

John Deaton (@JohnEDeaton1) is the Managing Partner of the Deaton Law Firm, a law practice he founded in 2006. John is also the founder of Crypto-Law.us, a Bitcoin, ETH, XRP and crypto enthusiast, and an entrepreneur. A former Marine-turned-class-action lawyer, John became interested in crypto in 2016, and eventually invested in Ripple coin, XRP. When the SEC sued Ripple over allegations that XRP was an unregistered security, John raised concerns about the agency’s case, which he didn’t think was warranted, in a legal filing as a private citizen on his own behalf.  John filled me in on the entire saga so far, as well as what's on the horizon for XRP. Show highlights: [2:00] John's intro to crypto [8:00] Difference between XRP and Ripple [14:00] John explains the case for XRP being decentralized [22:00] Why John joined the Ripple vs SEC lawsuit [30:00] Why the SEC included XRP in the Ripple lawsuit [41:00] Where the XRP & Ripple case stands & 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. 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.