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Law of Code

Jacob Robinson

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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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Court Briefs is a podcast from Paul, Weiss. Kannon Shanmugam and other members of the firm’s Supreme Court practice provide concise, insightful analysis of Supreme Court decisions of interest to the business community.
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Josh Lawler is a partner at Zuber Lawler, where he leads the firm’s Emerging Technologies Group with a particular emphasis on blockchain technology. Josh previously practiced as a corporate securities and M&A attorney at Skadden, Arps. Jener Sakiri is an associate at Zuber Lawler and focuses on transactional and regulatory matters. He often works w…
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Nick Pullman (@NickPullmanEsq) is Corporate Counsel and founder of Day One Law Corporation, where he provides legal solutions for tech startups and investors. Nick was previously head of legal at an NFT startup and an associate at Cooley and DLA Piper. In this conversation, we cover: [2:53] Nick's introduction to Bitcoin [7:33] What's market: SAFEs…
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In our latest episode, host Kannon Shanmugam and his colleague, William Marks, unravel the complexities of Moody v. NetChoice, a pivotal decision that examines the application of the First Amendment to social media platforms. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf ## Learn More About Paul, We…
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Join host Kannon Shanmugam, along with his colleague, Abigail Frisch Vice, as they delve into the Court’s landmark ruling in Loper Bright Enterprises v. Raimondo. Kannon and Abby discuss the decision's impact on statutory interpretation and agency actions. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.p…
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In our latest episode, host Kannon Shanmugam, joined by Abigail Frisch Vice, delves into the Supreme Court’s landmark decision in SEC v. Jarkesy, which imposes limits on the SEC’s ability to impose monetary penalties in administrative enforcement proceedings. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-859new_…
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Bill Hughes (@BillHughesDC) is Senior Counsel & Director of Global Regulatory Matters at Consensys Software, which is behind MetaMask, Infura, and various other software supporting the programmable blockchain ecosystem. For more on Bill’s background, I recommend episode 74 of Law of Code. This conversation is focused on the lawsuit Consensys brough…
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In this week’s episode of “Court Briefs,” Kannon Shanmugam and Abigail Frisch Vice delve into the Supreme Court's unanimous decision in Truck Insurance Exchange v. Kaiser Gypsum, which has significant implications for bankruptcy proceedings and the rights of insurers. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/2…
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In the latest episode of “Court Briefs,” host Kannon Shanmugam, along with colleague William Marks, discuss the Supreme Court’s decision in Cantero v. Bank of America, from the case’s background to the legal battle over state versus federal law in banking regulation. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22…
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In this episode of "Court Briefs," Kannon Shanmugam and William Marks analyze the Supreme Court’s unanimous ruling in Coinbase v. Suski and discuss its implications for businesses that enter into arbitration agreements. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/23-3_879d.pdf ## Learn More About Paul, Weiss’s Su…
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This conversation with two lawyers — Samir Patel and David Kuhn — and an entrepreneur who goes by OnlyLarping covers all aspects of Karate Combat, a novel form of sports league that is betting heavily on crypto. Show highlights: [2:51] What is Karate Combat? [7:26] Implementing token governance [13:11] Crypto and sports [19:34] Why they believe it …
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Recently, the Blockchain Association (BA) and the Crypto Freedom Alliance of Texas (CFAT) filed a lawsuit against the Securities and Exchange Commission seeking a court order to strike down the SEC’s Dealer Rule due to the SEC’s various Administrative Procedure Act (APA) violations including preventing industry participants from being able to opera…
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In the latest installment of "Court Briefs," Kannon Shanmugam, along with Abigail Frisch Vice and Brian Lipshutz, delves into the Supreme Court's recent ruling in Consumer Financial Protection Bureau v. Community Financial Services Association. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-448_o7jp.pdf ## Learn …
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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 g…
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In this debut episode of Court Briefs, Kannon Shanmugam is joined by Brian Lipshutz and Will Marks in analyzing Murray v. UBS Securities, a recent Supreme Court decision involving the whistleblower provisions of the Sarbanes-Oxley Act. Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-660_7648.pdf Learn More About Paul…
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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,…
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On August 4, 2023, Coinbase filed a brief in support of its motion to dismiss the SEC's lawsuit. This podcast provides an audio version of the brief, along with key takeaways and points made within it. Show highlights: [1:00] Preliminary Statement [6:30] Background on the SEC's charges [11:30] Coinbase's argument for dismissal [13:00] Because the c…
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Joshua B. Sterling is a Partner at Jones Day where he represents financial services, energy, fintech, agriculture and other companies in matters before the CFTC, the SEC, and other financial regulators. A former senior regulator, Josh was previously the Director of the CFTC’s Market Participants Division. In that role, he oversaw the 3,300 financia…
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Elliott Z. Stein (@NYCStein) is a Senior Litigation Analyst at Bloomberg Intelligence. He previously worked in private practice on structured finance/capital markets litigation, white-collar crime and related capital markets matters. Show highlights: [1:30] Attending Coinbase hearing on Jan 17 [6:00] Why Elliott expects Coinbase to win [12:00] Judg…
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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. Eric has over twenty years of experience acting as senior in-house counsel, general counsel or senior management for exchanges, broker dealers, and financial services technology …
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In this episode of the BISA Portfolio Podcast, learn why mentoring matters and how to make the most of it from 2023 DE&I Rising Stars awardee Lindsay Diehl Green, United Bank, and her mentor, Pamela Dawson, US Bank. Piera Valle of Pacific Life is guest host of this podcast. Topics covered include: Takeaways from the DE&I Rising Stars mentorship pro…
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Evan Zinaman (@zin_esq) is the Founder & Principal at Trailbreak, a boutique transactional firm providing tech-fluent corporate, regulatory, product and IP counsel and strategic advice to startups, builders and investors throughout the crypto space. Evan also serves as special crypto counsel to clients of Reed Smith, advising as part of an industry…
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Rodrigo Seira (@RSSH273) is Special Counsel at Paradigm. Prior to joining Paradigm, he was outside counsel to crypto investors and entrepreneurs at Cooley LLP. Brendan Malone (@brendanpmalone) is a Policy Manager at Paradigm. Prior to joining Paradigm, Brendan worked at the Federal Reserve where he focused on policy issues for financial market infr…
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William O’Rorke (@williamororke) is the Founding Partner of ORWL, a leading law firm assisting clients with businesses in the crypto space, VASPs and general Web3 services. He leads the regulatory practice at ORWL and is the head of the legal committee at ADAN, a French crypto association. In this conversation, we discuss the most significant impac…
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Kenneth Cherrier of F&G interviews Kendra Cain of Arvest and Kevin Larson of Cetera Financial Group on two topics making a splash in regulatory and compliance right now: off-channel communications and complex products through a Regulation Best Interest (Reg BI) lens. Listen to this podcast episode on your way to the BISA Regulatory & Compliance Sum…
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Zach Rosenberg (@MeatEsq) is an attorney and principal at Rosehill Legal, a boutique transactional firm assisting early-stage founders, largely in the crypto space, with structuring, funding, building, and deploying products and networks. He previously worked as an M&A Tax Director at PWC where he spent eight years advising large private equity fir…
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Ryne Miller is the founder and managing partner of Miller Strategic Partners LLP, a law firm specializing in: 1. Regulatory advice and investigations counsel for the traditional trading and markets industry; 2. Regulatory and strategic advice for digital asset and blockchain companies; and 3. Crisis and incident response management. Ryne was previo…
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Jolie Yang (@JolieYang) is a former legal partner to Coinbase's product, engineering, and design teams on its Web3 initiatives, such as self-custodial wallet, decentralized identity, digital assets, as product counsel. While at Coinbase, Jolie was part of the team that launched Base. Prior to Coinbase, Jolie was an attorney at Davis Polk and Skadde…
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Truist's Jacinda Norvell and Huntington's Mike Miroballi, BISA president, join host Jeff Hartney, BISA executive director, to discuss how the typical wealth client is evolving and changing. Here are a few highlights you won't want to miss in this episode of the BISA Portfolio Podcast: How the needs and expectations of the wealth client have changed…
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Amanda Tuminelli (@amandatums) is chief legal officer for the Defi Education Fund, where she leads the organization’s impact litigation and policy efforts. She was previously an attorney at Kobre & Kim and Dechert LLP, and served as a Judicial Law Clerk for the Eastern District of New York. Show highlights: [1:00] DeFi Education Fund's petition to …
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Michael Frisch is a partner at Croke Fairchild Morgan & Beres where he leads the firm’s Government Litigation and Investigations Practice. Mike previously worked at the Commodity Futures Trading Commission (CFTC), where he brought one of the CFTC’s first enforcement actions involving cryptocurrency — CFTC v. Bitfinex — and was part of the team resp…
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Mark Cianci is Counsel at Ropes & Gray, where he represents hedge funds, private equity firms and their portfolio companies, and clients in other industries in complex commercial litigation, cryptocurrency litigation, qui tam actions, bankruptcy litigation, and government investigation and enforcement matters. Mark also counsels clients in the bloc…
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Ashish Chandra is the General Counsel of CoinSwitch, India's largest crypto platform pivoting into a multi-asset wealth-tech superapp. With over 22 years of experience in the tech industry, Ashish also led the legal and regulatory affairs of WhatsApp for India. He helped build the e-commerce and fintech/payments business of Facebook, Instagram & Wh…
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Ross Campbell (@z0r0zzz) is a legal engineer and co-founder of KaliDAO, in addition to being a corporate attorney. Ross is also working on NANI, a protocol mixing AI and crypto and is a founder of LexDAO. Previous episodes with Ross: 1. #5 - Ross Campbell: Legal engineering, Bar Association DAOs, use cases for oracles, and much, much more 2. #30 - …
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Stephen Palley (@stephendpalley) is a litigation partner and co-chair of Brown Rudnick’s Digital Commerce group. Stephen is a seasoned litigator with over 20 years of extensive courtroom experience litigating and trying complex commercial matters. Stephen has written extensively and been quoted widely on legal issues arising from the use of Blockch…
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Amira Valliani (@amiravalliani) is Policy Lead at the Solana Foundation. She previously built and sold a creator economy company and served as an advisor at the White House and State Department. Note that this episode was recorded prior to the Ripple Labs decision. Show highlights: [3:00] Policy work at Solana Foundation [7:00] Change in policy [10…
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Offering a masterclass on the Accredited Investor rules, this episode distills months of historic research and detailed reviews of the securities laws, as well as a 3+ hour conversation I had with Larry Florio (@larryflorio), into an evergreen episode providing everything one should know regarding the accredited investor standards in the U.S. and a…
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Cameron B. Pick is a partner at Marshall Gerstein & Borun LLP who advises clients in the blockchain and metaverse space on intellectual property issues. In this episode, Cameron explains Bitcoin Ordinals, the difference between Ordinals and Ethereum NFTs, and the interplay between IP law and web3. Disclaimer: Jacob Robinson and his guests are not y…
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Samir Patel (@SamirPatelLaw) is an innovation and technology attorney in Holland & Knight's Miami office and head of the firm's Document Automation Program. Samir represents startups and emerging growth companies navigating legal and regulatory issues. Samir also works with artists, art galleries and athletes looking to enhance their products and b…
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David M. Adlerstein is counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz. His practice focuses on mergers and acquisitions, capital-raising transactions, corporate governance, and other corporate and securities law matters, with a focus on financial institutions and technology transactions. He is a member of the Firm’s Crypto Te…
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Tom Lombardi (@tomlombardi) is an adjunct professor of finance at Pepperdine University, California, teaching Decentralized Finance in the Business School. He was formerly a Managing Director at 3iQ (worked on the first regulated crypto fund), Director at Wave Financial (one of the first crypto RIAs), and Head of Growth for the Enterprise Ethereum …
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