Law of Code

Apr 17 2024 34

The Law of Code podcast focuses on the legal framework being built around blockchains, crypto, NFTs, and DAOs. We’ll look at crypto regulations, rights surrounding NFTs, as well as the legislation impacting blockchain. You’ll hear from the top lawyers, lawmakers, and entrepreneurs in the space – we’ll touch on best practices countries are implementing, new regulations, and share ideas on the best path forward.

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#135 - Everything you should know about Roman Sterlingov's case

Apr 17 2024 51 mins

Today’s podcast covers the case of Roman Sterlingov, a 33-year-old Swedish-Russian national, was arrested by Internal Revenue Service criminal investigators at the Los Angeles airport and was accused of creating and operating Bitcoin Fog, a bitcoin “mixing” service that the US Justice Department claims Sterlingov used to enable $336 million in money laundering. I’m joined b

#134 - Pre-enforcement lawsuit against the SEC with Amanda Tuminelli and Jake Chervinsky

Apr 15 2024 29 mins

The DeFi Education Fund and co-plaintiff Beba, an apparel company based in Texas, recently filed a pre-enforcement suit challenging the SEC’s regulation by enforcement approach to crypto and their policy that free airdrops are securities transactions. Amanda Tuminelli serves as the DeFi Education Fund's chief legal officer where she leads the organization's impact litigat

#133 - Liability on smart contract developers: Roman Storm case with Jake Chervinsky and Amanda Tuminelli

Apr 14 2024 27 mins

After the DEF submitted an amicus brief in the Roman Storm matter, which involves Tornado Cash, I spoke with the two authors: Amanda Tuminelli serves as the DeFi Education Fund's chief legal officer where she leads the organization's impact litigation and policy efforts. Jake Chervinsky recently joined Variant as Chief Legal Officer, where he leads the firm's legal team

#132 - What is MetaLeX? Plus, why lawyers must take note

Mar 29 2024 54 mins

Co-founded by longtime cryptolawyers Gabriel Shapiro and Alex Golubitsky, the mission of MetaLeX (which means beyond law) is to combine legal structures and autonomous tech to create best-in-class solutions serving DAOs, devs, and internet denizens with a suite of interoperable autonomous law solutions, which they refer to as MetaLeX OS. The goal is a bold one: Separate law from na

#131 - Is UNI a security after Uniswap turns on the fee switch? EU and MiCA insights from Stephane Daniel

Mar 15 2024 50 mins

Stéphane Daniel (@stephdan_law) is a Partner at d&a partners, an independent law firm dedicated to tech and blockchain entrepreneurs in France and the EU. Stéphane advises high-tech firms with their structuring, fundraising, and M&A transactions. He was notably involved in the first legal structuring (under French law) of DAOs and regularly advises companies on equity, de

#130 - Chris Giancarlo, former CFTC Chair on the SEC's approach to crypto

Mar 04 2024 80 mins

Chris Giancarlo (@giancarloMKTS) is senior counsel and Co-Chair of the Willkie Digital Works practice in the firm’s New York office. Chris served as the thirteenth Chairman of the U.S. CFTC, where he oversaw regulation of the futures, options and swaps derivatives markets. During his tenure at the CFTC (2014-2019), Chris oversaw the first bitcoin futures products entering the mar

#129 - Why is the same risk, same rules philosophy wrong? Eric Hess explains

Feb 27 2024 39 mins

Eric Hess (@hess_legal) is Founder & Managing Counsel at Hess Legal Counsel, a cybersecurity SaaS platform and consulting company, and hosts The Encrypted Economy podcast. In this episode, we’ll be exploring his recent paper Bridging Policy and Practice: A Pragmatic Approach to Decentralized Finance, Risk, and Regulation. For Part 1, a history of securities regulation in the

#128 - Primavera De Filippi of CNRS and Harvard on the future of copyright law, NFTs and DAOs

Feb 22 2024 47 mins

Primavera De Filippi is a Director of Research at the National Center of Scientific Research (CNRS) in Paris, Faculty Associate at the Berkman Klein Center for Internet & Society at Harvard University, and Visiting Fellow at the Robert Schuman Centre for Advanced Studies at the European University Institute. Her research focuses on the legal challenges and opportunities of bloc

#127 - Cravath's Jeff Dinwoodie on the SEC and the future of crypto regulation

Feb 11 2024 68 mins

Jeffrey T. Dinwoodie is a partner at Cravath, Swaine & Moore, and a member of the firm’s Financial Institutions Group. He has served in senior roles at the SEC and the U.S. Treasury Department, including as Chief Counsel to SEC Chairman Jay Clayton and, earlier, as Chairman Clayton’s Trading and Markets Counsel. Disclaimer: Jacob Robinson and his guests are not yo

#126 - Genuine DeFi as Critical Infrastructure: Paper by Rebecca Rettig, Michael Mosier and Katja Gilman

Jan 30 2024 46 mins

Rebecca Rettig, Michael Mosier and Katja Gilman published their paper, Genuine DeFi as Critical Infrastructure: A Conceptual Framework for Combating Illicit Finance Activity in Decentralized Finance and a summary two-pager. This paper proposes a framework (see Section III) to effectively detect, deter and prevent illicit financial activity in DeFi, while preserving the technology a

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