Senja Berbicara
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A humorous podcast by Kate Fagan and Kathryn Budig filled with thoughtful conversations ... and offering delicious takeaways.
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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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#141 - Josh Lawler and Jener Sakiri on securities, regulation and gaming in crypto
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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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#140 - SAFEs, SAFTs and what's market for crypto startups with Nick Pullman
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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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#139 - Changing political tides in DC, Consensys' SEC lawsuit with Bill Hughes
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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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#138 - The future of sports and crypto: Karate Combat
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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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#137 - Blockchain Association sues the SEC to strike down Dealer Rule
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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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#136 - Justin Wales on the Crypto Legal Handbook
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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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#135 - Everything you should know about Roman Sterlingov's case
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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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#134 - Pre-enforcement lawsuit against the SEC with Amanda Tuminelli and Jake Chervinsky
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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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#133 - Liability on smart contract developers: Roman Storm case with Jake Chervinsky and Amanda Tuminelli
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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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#132 - What is MetaLeX? Plus, why lawyers must take note
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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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#131 - Is UNI a security after Uniswap turns on the fee switch? EU and MiCA insights from Stephane Daniel
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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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#130 - Chris Giancarlo, former CFTC Chair on the SEC's approach to crypto
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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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#129 - Why is the same risk, same rules philosophy wrong? Eric Hess explains
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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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#128 - Primavera De Filippi of CNRS and Harvard on the future of copyright law, NFTs and DAOs
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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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#127 - Cravath's Jeff Dinwoodie on the SEC and the future of crypto regulation
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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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#126 - Genuine DeFi as Critical Infrastructure: Paper by Rebecca Rettig, Michael Mosier and Katja Gilman
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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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#125 - Repost: Coinbase's Motion to Dismiss the SEC's Lawsuit
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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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#124 - Former CFTC Director Josh Sterling on choosing regulators (SEC vs CFTC) and the future of Web3
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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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#123 - The SEC vs. Coinbase Hearing: What you should know with Bloomberg's Elliott Stein
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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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BEST BOOKS OF 2023 with AMAZON BOOKS’ SEIRA WILSON Dear Listener: WHAT IS TIME? 2024 is upon us, so we decided to make your holiday book shopping seamless with Amazon Books senior editor Seira Wilson who shares her top five books with Inky Phoenix appeal from their annual list. Kate and Kathryn gab about the acquisition of Inky Phoenix Press first …
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#122 - History of American Securities Regulation with Eric Hess
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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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#121 - MEV and OFAC Risk for Infrastructure Providers
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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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#120 - Paradigm's Policy Lab with Rodrigo Seira and Brandon Malone
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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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BAD MANNERS COOKIES with MICHELLE DAVIS We’re thrilled to have Michelle Davis (queen of the Bad Manners recipe empire) back on the pod to celebrate the launch of their newest cookbook: HUNGRY AS HELL. And being that Kathryn and Kate are always hungry as hell, they open with a discussion of Kathryn’s prolific cooking, Kate’s kitchen manager skills, …
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#119 - Reviewing the EU's MiCA with William O’Rorke
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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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#118 - Crypto Taxes, NFT Settlements and Decentralization with Zach Rosenberg
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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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Imagine a world where a doctor says: you’re morphing into a great white shark. That’s the wild premise of our guest’s debut novel, Shark Heart: A Love Story. Kate and Kathryn open by contemplating what creatures they would most want (and not want) to morph into, followed by a delightful conversation with Emily Habeck about her theatrical background…
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#117 - Ryne Miller on the CFTC's DeFi Settlements and the history of Gary Gensler
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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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#116 - Discussing Coinbase's L2 (Base) and FriendTech with Jolie Yang
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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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Thought you’d seen the last of us, huh? After a two-year hiatus we are BACK right in time for Kathryn to launch Inky Phoenix Press! That’s right y’all, The Inky Phoenix is now a subscription platform (think Patreon for book lovers) made possible through Bindery Books. Co-founders Matt Kaye and Meghan Harvey join us to explain this revolutionary pub…
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#115 - Challenging Patents Impacting DeFi with Amanda Tuminelli of the DeFi Education Fund
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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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#114 - CFTC Regulation of Crypto with Michael Frisch
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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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#113 - Decentralized Dispute Resolution with Mark Cianci of Ropes & Gray
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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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#112 - India's Crypto Law Regime with Ashish Chandra of CoinSwitch
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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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#111 - Ross Campbell on ERC 1155 and Legal Engineering at Kali DAO + Nani.
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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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#109 - Stephen Palley on the Evolution of Crypto Law, Insurance, Dumpsters and AI.
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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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#108 - The Solana Foundation's Amira Valliani on Web 3 Policy
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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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#107 - Accredited Investor Rules with Larry Florio
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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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#106 - Bitcoin Ordinals and IP Considerations with Cameron Pick
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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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#105 - Blockchain and the Sports Industry with Samir Patel
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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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#104 - Wachtell Lipton's David Adlerstein and Kevin Schwartz on Decentralization, Smart Contracts, Tornado Cash & NFTs
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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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#103 - Tom Lombardi on Bitcoin ETFs, Institutional Investors and SEC's proposed custody rules
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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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#102 - A Masterclass on Global Crypto Regulations with XReg Consulting
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Nicky Gomez (@XRegNicky) is the Senior Partner at XReg Consulting. A former regulator with 15+ years of experience in the crypto and financial services industries, Nicky provides strategic regulatory advice and has successfully secured licenses and authorizations for clients in Europe, Gibraltar, the Caribbean and Asia. As the co-chair of the Globa…
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#101 - Legal Wrappers for DAOs: DAO Research Monthly
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The goal of this podcast is to help DAOs and their members understand the potential legal wrappers which arise from bespoke legislation. This is the second episode of the DAO Research Monthly series, created by Jacob Robinson, Kyle Smith and Kyler Wandler. This episode reviews the legal wrappers created for DAOs. What do we mean when we say legal w…
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This podcast answers the "why" behind the blockchain space. It is a compilation of answers given from previous guests of Law of Code who explain why they believe in this technology, why they work in this space and what gets them excited about the future. This podcast was largely inspired by Polygon's Value Prop, a crowd-sourced and entirely open da…
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#99 - Overview of Crypto Regulation in USA and Canada with DLx Law and McCarthy Tetrault
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In this episode of Law of Code, partners at McCarthy Tetrault's Fintech practice Ana Badour and Lori Stein, along with DLx Law's Lewis Cohen, Angela Angelovska-Wilson and Greg Strong discuss the differences in crypto regulation between Canada and the US, from securities rules to banking and AML policies. Show highlights: [3:00] Binance and Coinbase…
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#98 - Understanding the Coinbase and Binance SEC charges with Collins Belton
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Collins Belton (@collins_belton) is the founder and Managing Partner of Brookwood P.C., a boutique transactional practice focused on serving founders, startups and emerging technology companies working on frontier technology, particularly in the digital asset space. Collins was previously Counsel at Atrium and an Associate at Wilson Sonsini. Show h…
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#97 - Grayscale's Craig Salm on a Bitcoin ETF & the SEC
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Craig Salm (@CraigSalm) is the Chief Legal Officer at Grayscale Investments, the world's largest digital currency asset manager, where he oversees the daily legal and regulatory operations of the business and its products. Prior to joining Grayscale, Craig was a corporate associate at Paul Weiss. This episode builds on a previous episode covering e…
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#96 - Investment Contracts & Crypto: Takeaways from 300+ Cases with DLx Law's Freeman Lewin
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Freeman Lewin (@Freeman_Lewin) is an Attorney at DLx Law, where he advises clients in all matters related to blockchain, smart contracts, and tokenization. In late 2022, the DLx Law team published a comprehensive analysis of every "investment contract" decision by U.S. appellate courts since 1946: The Ineluctable Modality of Securities Law: Why Fun…
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#95 - Caitlin Long on Custodia Bank, Crypto & the Federal Reserve
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Caitlin Long (@CaitlinLong_) is a 22-year Wall Street veteran active in bitcoin since 2012, and whose passion is a fair and stable financial system. She is also the founder and CEO of Custodia Bank, a chartered US bank specializing in digital assets. Show highlights: [1:40] Operation Chokepoint 2.0? [4:40] Importance of Access to the Federal Reserv…
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