Best CFTC Podcasts (2024)

1
Discussing Clarke v. CFTC: The Case of PredictIt & the CFTC's No-Action Letter 1:00:32

1h ago1:00:32

1:00:32

In July of 2023, the Fifth Circuit reversed the district court's decision in Clarke v. CFTC, and remanded with instructions to enter a preliminary injunction against the Commodity Futures Trading Commission. The case is one concerning the CFTC's revocation of its "no-action letter" concerning PredictIt Market. PredictIt Market is an online marketpl…

1
Jurisdiction Stripping: Fact & Fiction Flowing Through the Mountain Valley Pipeline Case 58:20

1h ago58:20

58:20

Generally, when Congress strips courts of jurisdiction, it does so by implementing broad, forward-looking, statutory bars that insulate agency decisions or foreclose appeal. In response to the protracted litigation surrounding construction and operation of the Mountain Valley Pipeline, Congress passed a unique statutory provision which (1) granted …

1
Courthouse Steps Preview: City of Grants Pass, Oregon v. Johnson 58:49

1h ago58:49

58:49

City of Grants Pass, Oregon v. Johnson concerns whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and unusual punishment" as prohibited by the Eighth Amendment. The codes in question only impose civil penalties, which can, in certain circumstances devel…

1
#136 - Justin Wales on the Crypto Legal Handbook 47:16

14m ago47:16

47:16

Justin Wales (@bitcoin_wales) is the Head of Legal for the Americas at Crypto.com. Before going in-house, he was a partner at the international law firm K&L Gates, where he represented crypto companies in all aspects of their business. His new book, The Crypto Legal Handbook, is a must-read guide through the laws of crypto, web3 and an ever-decentr…

1
DeFi Decoded - How MetaMask Institutional is Taking Web3 Mainstream with Daniel Lynch 46:34

5d ago46:34

46:34

Join Alex Tapscott and Andrew Young as they decode the world of Web3 with special guest Daniel Lynch, Head of MetaMask Institutional Partnerships at Consensys. Listen in as they discuss Daniel’s journey from working at SWIFT to Consensys, MetaMask at its core and the role it fulfills, its future integrated functionalities, their strategy and suppor…

1
A Seat at the Sitting - April 2024 1:35:27

1d ago1:35:27

1:35:27

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Snyder v. United States (April 15) - Whether section 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already ta…

1
#135 - Everything you should know about Roman Sterlingov's case 51:09

1d ago51:09

51:09

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 mone…

1
#134 - Pre-enforcement lawsuit against the SEC with Amanda Tuminelli and Jake Chervinsky 29:23

10d ago29:23

29:23

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 organ…

1
#133 - Liability on smart contract developers: Roman Storm case with Jake Chervinsky and Amanda Tuminelli 27:34

4d ago27:34

27:34

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…

1
DeFi Decoded - DCG's Bright Future, Plus MONAD Secures the Bag 29:34

7d ago29:34

29:34

Join Alex Tapscott and Andrew Young as they decode the world of Web3. Listen in as they discuss Monad Labs’ $225 million fundraising round led by Paradigm, why developers are excited about Monad, what EVM-compatible blockchains are and how they work, the current chain ecosystem dynamics and how things might look in the future, the FTX estate sellin…

1
DeFi Decoded - Is Memecoin Madness Over? Plus: How to Value Base 37:58

14d ago37:58

37:58

Join Alex Tapscott and Andrew Young as they decode the world of Web3. Listen in as they discuss a crypto market recap, which phase of the cycle we’re likely in, whether the recent multi-month memecoin madness could finally be coming to an end, where investors may rotate into next, the series of big raises by crypto VC firms in past weeks, the state…

1
#132 - What is MetaLeX? Plus, why lawyers must take note 54:49

20d ago54:49

54:49

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 i…

1
DeFi Decoded - Bringing an Engineer's Mentality to Early Stage VC with Avichal Garg & Ken Deeter of Electric Capital 33:24

22d ago33:24

33:24

Join Alex Tapscott and Andrew Young as they decode the world of Web3 with special guests Avichal Garg, Co-Founder and General Partner, and Ken Deeter, General Partner, of Electric Capital. Listen in as they discuss the different phases of crypto adoption, how they think about investing in the space and key areas they’re monitoring, what the future …

1
303 Creative, Masterpiece Cakeshop, and the Fate of Free Exercise for Wedding Vendors 1:01:01

22d ago1:01:01

1:01:01

Over the past decade, the tension between First Amendment rights and public accommodations laws has grown, as wedding vendors have refused to serve same-sex weddings pursuant to their consciences. On June 30, 2023, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis, which held that the free speech clause prohibits a state from…

1
Courthouse Steps Oral Argument: Gonzalez v. Trevino 18:07

23d ago18:07

18:07

In Gonzalez v. Trevino, Petitioner Sylvia Gonzalez is a 72 year-old city councilwoman from Castle Hills, Texas. Ms. Gonzalez believed that the city's mayor and city manager were ignoring her constituents and her own frustrations with the city. The mayor and other allies of the city manager in turn planned to unseat the councilwoman. The mayor and p…

1
Litigation Update: De Piero v. Pennsylvania State University 50:41

28d ago50:41

50:41

Professor Zack De Piero was an English professor at the Pennsylvania State University Abington campus before resigning and filing a lawsuit against the University in 2023 alleging that administrators and faculty members discriminated against him because of the color of his skin. Professor De Piero claims the University's diversity, equity, and incl…

1
Courthouse Steps Decision: Pulsifer v. United States 46:23

1M ago46:23

46:23

In Pulsifer v. United States, the Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?". Key to that question was the meaning of the word "and" in the statute, as the Court w…

1
DeFi Decoded - Ethereum's Tim Beiko on how Dencun massively scales Ethereum 46:16

27d ago46:16

46:16

Join Alex Tapscott and Andrew Young as they decode the world of Web3 with special guest Tim Beiko, Protocol Support of the Ethereum Foundation. Listen in as they discuss a simple explanation of Ethereum’s Dencun upgrade, the sustainability of lower layer two transaction fees, whether there’s still a need for several different layer two chains, what…

1
VDV Advogados 14:57

1M ago14:57

14:57

Phil Graham and Marc Piano are joined by Daniel de Paiva Gomes of VDV Advogados in Brazil, offering insights on: Key takeaways: Why going deep down the rabbit hole of all things related to blockchain and crypto is essential as a lawyer and beneficial for clients Why Brazil is a market leader in embracing crypto How Brazil’s central bank payment sys…

1
A Seat at the Sitting - March 2024 1:10:33

1M ago1:10:33

1:10:33

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Murthy v. Missouri (March 18) - Whether the Supreme Court should stay the injunction of the U.S. District Court for the Western District of Louisiana restricting federal officials’ and…

1
#131 - Is UNI a security after Uniswap turns on the fee switch? EU and MiCA insights from Stephane Daniel 50:22

1M ago50:22

50:22

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…

1
Litigation Update: Gerber v. Ohio Northern University 36:19

1M ago36:19

36:19

Academic freedom and free speech at colleges and universities are at the center of ongoing litigation in Gerber v. Ohio Northern University. In April 2023, Dr. Scott Gerber was abruptly removed from his law class by school security and brought to the dean's office. Dr. Gerber was then told by Dean Charles H. Rose III that he must resign or face ter…

1
DeFi Decoded - Which country will lead the Web3 Era? With Chris Giancarlo, Former Chairman of the CFTC 44:01

1M ago44:01

44:01

Join Alex Tapscott as he decodes the world of Web3 with special guest Christopher Giancarlo, the thirteenth Chairman of the U.S. Commodity Futures Trading Commission and Senior Counsel of Willkie Farr & Gallagher. Listen in as they discuss whether Web3 will be an important agenda topic in upcoming presidential elections, the industry’s ideal regula…

1
AI Meets Copyright: Understanding New York Times v. OpenAI 1:04:52

1M ago1:04:52

1:04:52

Artificial intelligence is the most important technological tool being developed today, but the use of preexisting copyrighted works to train these AI systems is deeply controversial. At the end of 2023 the New York Times sued OpenAI and Microsoft, alleging that OpenAI's use of articles from the New York Times to train their ChatGPT large language …

1
Courthouse Steps Preview: Murthy v. Missouri & NRA v. Vullo 1:01:15

1M ago1:01:15

1:01:15

On March 18, 2024 the Supreme Court will hear two cases related to alleged “jawboning” -Murthy v. Missouri & NRA v. Vullo. Murthy v. Missouri, originally filed as Missouri v. Biden, concerns whether federal government officials had violated the First Amendment by "coercing" or "significantly encouraging" social media companies to re…

1
Litigation Update: Speech First, Inc. v. Sands 1:00:49

2M ago1:00:49

1:00:49

Speech First, Inc. v. Sands concerns a Virginia Polytechnic Institute and State University (Virginia Tech) policy that created a bias response team and protocol where students could report bias incidents. Under this policy, reported incidents would be reviewed and possibly reported to the administration for a formal reprimand. In 2021, Speech First…

1
DeFi Decoded - Animal Spirits Return! ETH Denver Roundup with Sid Powell of Maple Finance 42:50

1M ago42:50

42:50

Join Alex Tapscott and Andrew Young as they decode the world of DeFi and Web3 with special guest Sidney Powell, Co-Founder and CEO of Maple Finance. Listen in as they discuss key takeaways from the ETHDenver 2024 conference, the different types of stablecoins, potential lending opportunities that exist with restaking, Maple’s next growth areas, the…

1
Talks With Authors: Better Money: Gold, Fiat, Or Bitcoin? 59:12

2M ago59:12

59:12

In Better Money: Gold, Fiat, Or Bitcoin?, monetary expert Lawrence H. White delves into the timely debate surrounding alternative currencies amidst the backdrop of constant inflation in the fiat currency world. Better Money explains and analyzes gold, fiat dollars, and Bitcoin standards to evaluate their relative merits and capabilities as currenci…

1
Courthouse Steps Decision: Trump v. Anderson 31:27

2M ago31:27

31:27

On February 8, 2024, the Supreme Court heard Oral Argument in Trump v. Anderson. The Court considered whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot. Legal questions involved in the case include whether Section 3 of the Fourteenth Amendment is "self-executing" or…

1
Courthouse Steps Oral Argument: Ohio v. Environmental Protection Agency 1:01:29

2M ago1:01:29

1:01:29

On February 21, 2024, the Supreme Court will hear oral argument in Ohio v. Environmental Protection Agency. The following questions are presented – (1) Whether the court should stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule a…

1
#130 - Chris Giancarlo, former CFTC Chair on the SEC's approach to crypto 1:20:19

2M ago1:20:19

1:20:19

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 f…

1
DeFi Decoded - Revenge of Old School DeFi and Bitcoin’s Reflexivity Explained 46:05

2M ago46:05

46:05

Join Alex Tapscott and Andrew Young as they decode the world of DeFi and Web3. Listen in as they discuss this past week’s Bitcoin-led market rally, their current takes on the crypto market and what’s next, gaining digital asset exposure through MicroStrategy vs. Bitcoin ETFs, the potential for SEC approval on Ethereum ETFs, the emergence of Bitcoin…

1
Courthouse Steps Oral Argument: Garland v. Cargill 1:02:37

2M ago1:02:37

1:02:37

Garland v. Cargill concerns whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Impacting the realms of both Second Amendment and Administrative Law, the case raises questions concerning the role of lenity, the applicability of the Chevron Doctrine, and the nature of the ATF’s authority. Bump sto…

1
NIST’s Proposed Framework for a New Approach to Bayh-Dole March-in: What You Need to Know 1:00:56

2M ago1:00:56

1:00:56

The National Institute of Standards and Technology (NIST) seeks comments on the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights, which sets out the factors that an agency may consider when deciding whether to exercise Bayh-Dole march-in rights. The information received will inform NIST and the Interagency Workin…

1
Courthouse Steps Decision: McElrath v. Georgia 22:04

2M ago22:04

22:04

On February 21, the Supreme Court unanimously decided McElrath v. Georgia, holding that a jury’s verdict that the defendant was not guilty by reason of insanity of malice murder constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts. McElrath concerned the case of Damian Mc…

1
The First Step Act: Is It Working and What’s Next? 1:02:13

2M ago1:02:13

1:02:13

The First Step Act of 2018, passed as the result of bi-partisan efforts during the Trump administration, aimed to reduce the population of those in federal prison and to limit some federal prison sentences. Over the years some have contended the act is working well, while others argue it has only partially delivered on its goals or it was flawed fr…

1
#129 - Why is the same risk, same rules philosophy wrong? Eric Hess explains 39:03

2M ago39:03

39:03

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 s…

1
Courthouse Steps Oral Argument: NetChoice Cases 46:41

2M ago46:41

46:41

Two cases involving NetChoice, a company that represents social media giants like Facebook, Twitter, Google, and TikTok will be heard at the Supreme Court this term. Both cases concern issues of free speech and social media platforms. In Moody v. NetChoice, LLC, NetChoice challenges Florida law S.B. 7072, arguing it violates the social media compan…

1
Proposed Changes to the HSR Merger Filing Process: In-House Counsel View 49:46

2M ago49:46

49:46

The U.S. antitrust agencies have recently proposed changes to the HSR merger filing process, broadening the scope of review beyond consumer and competitive effects to workers and other non-competition factors. Merging parties would also be required to prepare written responses to questions related to the transaction, bringing the U.S. more into lin…

1
DeFi Decoded - The Bitcoin ETF launch was the most successful ever. Is ETH next? With James Seyffart of Bloomberg 53:13

2M ago53:13

53:13

Join Alex Tapscott and Andrew Young as they decode the world of DeFi and Web3 with special guest James Seyffart, ETF Research Analyst at Bloomberg Intelligence. Listen in as they discuss James’ methodology behind the Bitcoin ETF approval odds he set last year, reading between the lines of GBTC and ETHE’s discounts to NAV, the likelihood of Ethereum…

1
State Merger Enforcement: Trends & Outlook 57:56

2M ago57:56

57:56

State Attorneys General have long played a role in merger enforcement, challenging anticompetitive mergers and acquisitions either independently or by partnering with other states and federal enforcers. Today, states are showing a heightened interest in ramping up their merger enforcement. The panel will explore the role of states in merger reviews…

1
#128 - Primavera De Filippi of CNRS and Harvard on the future of copyright law, NFTs and DAOs 47:54

2M ago47:54

47:54

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 challe…

1
Courthouse Steps Oral Argument: Corner Post, Inc. v. Board of Governors of the Federal Reserve System 1:28:21

2M ago1:28:21

1:28:21

On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asks whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when…

1
DeFi Decoded - Web3 Gaming. A powerful idea whose time has come…again! With Rebecca Liao of Saga 42:00

2M ago42:00

42:00

Join Alex Tapscott and Andrew Young as they decode the world of DeFi and Web3 with special guest Rebecca Liao, Co-Founder and CEO at Saga. Listen in as they discuss an update of the past year for Saga, their upcoming $SAGA community genesis airdrop to five different ecosystems, thoughts on crypto loyalty ‘points’ with projects like Blur, the thesis…

1
Courthouse Steps Preview: Bissonnette v. LePage Bakeries Park St., LLC 24:57

2M ago24:57

24:57

On February 20, 2024, the Supreme Court will hear argument in Bissonnette v. LePage Bakeries Park Street LLC. The court will consider whether the Federal Arbitration Act’s exemption for the employment contracts of “workers engaged in interstate commerce” applies to any worker who is “actively engaged” in the interstate transportation of goods, or w…

1
A Seat at the Sitting - February 2024 1:17:10

2M ago1:17:10

1:17:10

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Corner Post v. Board of Governors of the Federal Reserve System (February 20) - Does the six-year statute of limitations to challenge an action by a federal agency begin to run w…

1
Justice Suspended: An Update in the Case of Judge Pauline Newman 1:00:22

2M ago1:00:22

1:00:22

At the age of 96, Judge Pauline Newman is the nation’s oldest federal judge. In 1984, Judge Newman became the first judge appointed directly to the US Court of Appeals for the Federal Circuit. In April of last year, reports surfaced that Federal Circuit Chief Judge Kimberly Moore had initiated a complaint against Judge Newman under the Judicial Con…

1
Henry Kissinger and International Law 58:59

2M ago58:59

58:59

On November 29, 2023, Henry Kissinger died at the age of 100. The former US Secretary of State and National Security Advisor had a long and distinguished career as a scholar and statesman, and his legacy is both prolific and controversial. While many have celebrated his success in resolutely pursuing US global interests, others have criticized Kiss…

1
Why Congress 1:00:51

2M ago1:00:51

1:00:51

In his recent book Why Congress, Dr. Phillip Wallach covers the past, present, and future of the Legislative branch to help measure its modern level of dysfunction and offer suggestions for future restoration. The book traces how Congress was designed to operate, how it has met the challenges of decades past, and the trends that have contributed to…

1
Rosehill Legal 17:39

2M ago17:39

17:39

In this episode, Phil Graham and Marc Piano chat with Zach Rosenberg, general counsel of Ethena and also principal of Rosehill Legal. Key takeaways: Why managing up to 18 jurisdictions in cross-border M&A deals puts Zach in a strong position to advise on complex multi-jurisdictional crypto projects How being a degen can make for a good crypto lawye…

Podcasts Worth a Listen

CFTC Podcasts

Podcasts Worth a Listen

Quick Reference Guide