Law of Code

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.

Adam Sternbach (@adamsternbach) is General Counsel at Fractional (@fractional_art), former Counsel to New Jersey Governor Phil Murphy (@GovMurphy) and a startup/VC attorney.  This wide-ranging episode covers the BAYC, owning a valuable NFT, working as general counsel, and much more. Show highlights: [1:37] Buying & owning a Bored Ape [11:20] Explaining NFTs [21:00] Counsel for Governor Murphy [27:00] General counsel role [36:00] NFT legal considerations [41:00] Staying on top of crypto law 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.

Peter Van Valkenburgh (@valkenburgh) is the director of research for Coin Center, the leading non-profit focused on the policy issues facing cryptocurrencies. He was previously the Google Policy Fellow for TechFreedom and is a graduate of NYU School of Law, as well as a self-taught designer and coder. In this episode, we discuss Peter's role at Coin Center, the U.S. Constitution & Crypto, and the SEC's definition of an exchange. Show highlights: [1:10] Genesis block [9:20] Writing  [13:50] Societal impact [18:00] Decentralization [24:00] Exchanges [29:10] Legal interpretations [34:00] Biden's Executive Order [42:00] Constitutional law [48:45] "Owning" Bitcoin [55:00] Interviewing Edward Snowden [58:30] Advice for recent grads [60:16] Seed oils Links: Peter's writing on Coin Center's website coincenter.org/people/peter-van-valkenburgh/ Seed oil blog: fireinabottle.net/ 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.

Hester Peirce (@HesterPeirce) is a Commissioner at the U.S. Securities and Exchange Commission. She previously served as the director of the Financial Markets Working Group at George Mason University's Mercatus Center.  This episode covers almost every pressing issue in crypto law, as Commissioner Peirce shares her thoughts on stablecoin regulation, the future of the SEC, the fourth prong of Howey & much, much more.  Show highlights: [1:50] Stablecoin regulation [6:10] Regulatory philosophy [12:00] Safe harbor update [18:00] Information asymmetry vs code transparency [22:00] Smart contracts [24:00] Accredited investor exemptions [28:00] Sufficient decentralization & DAOs [34:00] Evolving tokens: from a security to non-security [36:20] NFTs & securities law [39:00] Bitcoin ETP [43:00] Crypto custody [47:00] Advice & habits Thanks for listening! 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.

This conversation covers the latest Gitcoin funding round, along with the work of three prominent public goods orgs: The Blockchain Association, The DAO Research Collective, and the EU Crypto Initiative.   Kristin Smith (@KMSmithDC) is the Executive Director at the Blockchain Association, where she leads the crypto industry’s development of a strategic roadmap for public policy.  Connor Spelliscy (@c_spelliscy) runs the DAO Research Collective, which accelerates DAO functionality by procuring and open sourcing targeted research foundational to effective DAO operation.  Marina Markezic (@MarinaMarkezic) is co-founder of the EU Crypto Initiative, alongside Florian Glatz and Simon Polrot, which aims to shape EU regulation to favor open, permissionless, decentralized applications leveraging blockchain technology.  Gitcoin’s Grants Round 14 is almost upon us, and with it #ReFiSummer will be officially here. The event is kicking off on June 8th and running through June 23rd, 2022. Gitcoin is where the world’s leading web3 projects are born, validated & funded. This includes @Uniswap, @poapxyz & @BanklessHQ. Gitcoin has distributed over $60 million in total, including $40 million through grants alone. In just 3 years, they’ve helped provide funding for over 2500 grants from tens of thousands of unique contributors across 2 million+ contributions.  Show highlights:   [1:50] Importance of Web3 Advocacy  [7:00] The Blockchain Association, the DRC, and the EU Crypto Initiative  [13:00] Gitcoin Advocacy Round [25:00] Educating Regulators  [33:00] Importance of EU Policy  [42:00] Habits & Advice.  Thanks for listening! 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.

Jordan Teague (@jordanteague) is an attorney and smart contract developer. In her crypto-native law practice, The Antifirm, she focuses on governance, regulatory, and other legal issues facing web3 organizations. Jordan is one of the core developers behind KaliDAO and a legal engineer with LexDAO. In this episode, we discuss all things DAOs - legislation, potential, and legal structuring, as well as Jordan's journey into legal engineering, and what the future legal system looks like. Show highlights: [1:22] Genesis Block [12:50] KaliDAO & Series LLC [20:00] The Antifirm [30:20] Ricardian Contracts [44:00] Projects [49:00] Habits & Life Advice Thanks for listening! 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.

Michael Mosier (@M_Mosier) is the General Counsel at ESPRESSO Systems, a scaling & privacy solution for Web3 applications. Michael was formerly the first in-house Counsel at cryptocurrency analytics and investigations firm Chainalysis. Michael was previously Acting Director, as well as permanent Deputy Director & Digital Innovation Officer of the Financial Crimes Enforcement Network (FinCEN), a bureau of the Treasury Department. As Acting Director, he oversaw FinCEN’s wide-ranging work to promote financial integrity and national security. As Digital Innovation Officer, he was dedicated to advancing FinCEN’s engagement with emerging technology and financial innovation. Previously, Michael served as Associate Director at Treasury’s Office of Foreign Assets Control (OFAC). Before joining Treasury, Michael was Deputy Chief in the Department of Justice’s Money Laundering & Asset Recovery Section. He also served a tour at the White House National Security Council as Director for Transnational Organized Crime. In this episode, we discuss his career in public service, what FinCEN is and why it's important, and what the future of privacy looks like in America. Show highlights: [1:50] Genesis Block [7:00] FinCEN [14:00] Money Laundering & Crypto [23:00] Privacy [29:00] Espresso Systems [35:00] General Counsel Role [44:00] Habits & Life Advice Thanks for listening! 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.