Podcast appearances and mentions of gabriel shapiro

This week, Republican Representatives Tom Emmer and Patrick McHenry sent a letter pressing SEC Chair Gary Gensler for clarity on how securities laws apply to airdrops. With billions of dollars worth of tokens airdropped this year alone, projects need clarity more than ever.  In this episode, Amanda Tuminelli, Chief Legal Officer of the DeFi Education Fund, dissects the SEC's stance on airdrops, why her organization believes the SEC has stretched the legal definition of “compensation” too far, and what Congress might ask Gensler in his upcoming hearing. Plus, she talks about how the SEC “regrets” any confusion it caused for using the term “crypto assets securities,” since the agency now admits that tokens themselves are not securities.   Show highlights: Why Amanda believes the SEC's position on airdrops doesn't make sense Why the DeFi Education Fund sued the SEC over the BEBA airdrop  How the SEC's position on airdrops has been clear for a while, but is “wrong” according to Amanda Her take on users bypassing the geographic restrictions to claim airdrops in the U.S. How and why the SEC has changed its language around “crypto assets securities” How the SEC's new position on crypto assets implicating securities laws seems to rest on the “embodiment” theory Why Amanda believes the Supreme Court or Congress may be needed to step in What Amanda expects Congress to question Gary Gensler about in the hearing next week Amanda's takeaways from the first Congressional DeFi hearing last week How she expects the presidential election will impact the regulatory landscape in the U.S. Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Coinbase iTrustCapital Polkadot Mantle Stellar Guest Amanda Tuminelli, Chief legal officer of the DeFi Education Fund Previous appearances on Unchained:  Gary Gensler's Case Against Uniswap: Does the SEC Even Stand a Chance? Is This the End of DeFi? Why the US Government Is Going After Tornado Cash Links Airdrops: Blockworks: Republican Reps. ask Gensler for clarity on how securities laws apply to airdrops -  Gabriel Shapiro's tweet: “We may *disagree* that the position is correct but it's not unclear.” CoinDesk: Crypto Airdrops Ban U.S. Users, but Americans Are Claiming Tokens Anyway SEC's amended complaint in the Binance case BEBA case DeFi Education Fund suing the SEC  First Congressional Hearing on DeFi Unchained: First Congressional Hearing on DeFi Highlights Divide Between Republicans and Democrats Timestamps: 00:00 Intro 01:42 SEC's stance on airdrops 04:25 DeFi Education Fund's lawsuit over BEBA 06:47 Amanda: SEC's position on airdrops is “wrong” 08:27 Users bypassing geographic restrictions for airdrops 12:47 Why the SEC suddenly apologized for using the term “crypto asset securities” for years 16:47 Amanda's take on what the SEC's new theory is for why tokens fall under securities laws 17:43 Why Supreme Court or Congressional involvement is likely needed 19:01 What Congress might ask Gensler in a hearing next week 19:59 Key takeaways from the first Congressional DeFi hearing 20:43 Amanda's take on how the presidential election might impact crypto  23:45 News Recap Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, Republican Representatives Tom Emmer and Patrick McHenry sent a letter pressing SEC Chair Gary Gensler for clarity on how securities laws apply to airdrops. With billions of dollars worth of tokens airdropped this year alone, projects need clarity more than ever.  In this episode, Amanda Tuminelli, Chief Legal Officer of the DeFi Education Fund, dissects the SEC's stance on airdrops, why her organization believes the SEC has stretched the legal definition of “compensation” too far, and what Congress might ask Gensler in his upcoming hearing. Plus, she talks about how the SEC “regrets” any confusion it caused for using the term “crypto assets securities,” since the agency now admits that tokens themselves are not securities.   Show highlights: Why Amanda believes the SEC's position on airdrops doesn't make sense Why the DeFi Education Fund sued the SEC over the BEBA airdrop  How the SEC's position on airdrops has been clear for a while, but is “wrong” according to Amanda Her take on users bypassing the geographic restrictions to claim airdrops in the U.S. How and why the SEC has changed its language around “crypto assets securities” How the SEC's new position on crypto assets implicating securities laws seems to rest on the “embodiment” theory Why Amanda believes the Supreme Court or Congress may be needed to step in What Amanda expects Congress to question Gary Gensler about in the hearing next week Amanda's takeaways from the first Congressional DeFi hearing last week How she expects the presidential election will impact the regulatory landscape in the U.S. Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Coinbase iTrustCapital Polkadot Mantle Stellar Guest Amanda Tuminelli, Chief legal officer of the DeFi Education Fund Previous appearances on Unchained:  Gary Gensler's Case Against Uniswap: Does the SEC Even Stand a Chance? Is This the End of DeFi? Why the US Government Is Going After Tornado Cash Links Airdrops: Blockworks: Republican Reps. ask Gensler for clarity on how securities laws apply to airdrops -  Gabriel Shapiro's tweet: “We may *disagree* that the position is correct but it's not unclear.” CoinDesk: Crypto Airdrops Ban U.S. Users, but Americans Are Claiming Tokens Anyway SEC's amended complaint in the Binance case BEBA case DeFi Education Fund suing the SEC  First Congressional Hearing on DeFi Unchained: First Congressional Hearing on DeFi Highlights Divide Between Republicans and Democrats Timestamps: 00:00 Intro 01:42 SEC's stance on airdrops 04:25 DeFi Education Fund's lawsuit over BEBA 06:47 Amanda: SEC's position on airdrops is “wrong” 08:27 Users bypassing geographic restrictions for airdrops 12:47 Why the SEC suddenly apologized for using the term “crypto asset securities” for years 16:47 Amanda's take on what the SEC's new theory is for why tokens fall under securities laws 17:43 Why Supreme Court or Congressional involvement is likely needed 19:01 What Congress might ask Gensler in a hearing next week 19:59 Key takeaways from the first Congressional DeFi hearing 20:43 Amanda's take on how the presidential election might impact crypto  23:45 News Recap Learn more about your ad choices. Visit megaphone.fm/adchoices

The biggest regulatory threat to crypto is not Gary Gensler and the dreaded SEC. Why? We‘ll let Gabriel tell you all about it. Other than that, he‘ll be talking about upgrading DAOs with BORGs, about the whole suite of tools being built by MetaLeX and about his crypto lawyer journey of making the traditional legal systems obsolete. "We can create our own legal structures and we can show to the world that our combinations of tech and agreements are better than anything that existed before." Wait, WTF are BORGs, you ask? They‘re autonomous legal entities that work alongside DAOs to provide accountability and constrained operation. Overall, GAbriel shares how MetaLeX is building both legal and technical solutions to make crypto and law work together in a cypherpunk way. "Bitcoin kind of separated money from the state, Ethereum kind of separated finance from the state. I think the third frontier is separating law from the state." Gabriel also highlights a major regulatory concern in the crypto space that he believes is massively underappreciated: the CFTC's actions against DeFi protocols and the legal implications of cases like Avi Eisenberg's. He emphasizes the importance of creating crypto-native legal structures that preserve the core values of crypto. "The CFTC has really gone after DeFi protocols over leverage as well as what are called swaps... if all these things are required by law to be intermediated, crypto is absolutely decimated." Things discussed: - Gabriel‘s background in corporate M&A - Why law can be interesting - Mattereum's approach to tokenization and legal compliance - Introduction to MetaLeX and Borgs - Evolution of decentralized organizations and modularization - Separation of law and state - Overview of MetaLeX's current projects - Discussion of major regulatory concerns - Potential of crypto to create better legal and financial structures Links: Gabriel‘s links⁠

Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. On Wednesday, the U.S. Securities and Exchange Commission (SEC) issued a Wells notice to Uniswap Labs, the team behind the prominent decentralized exchange (DEX) Uniswap, signaling a forthcoming enforcement action. Amanda Tuminelli, Chief Legal Officer at the DeFi Education Fund, joined Unchained to unpack what the case could mean for Uniswap and the overall decentralized finance (DeFi) industry. Amanda also talks about the DeFi Education Fund's recent lawsuit against the SEC over its airdrop policies and the industry's need for a proactive counteroffensive approach in dealing with the SEC. Show highlights: Why Amanda thinks that the SEC is going to take a “kitchen sink approach” to their charges How the SEC could make a case that some of the tokens traded via Uniswap are securities What the next steps are in the case, with a lawsuit possibly coming soon Whether there's an inconsistency between the SEC's position and Judge Failla's rejection of the motion to dismiss the Coinbase lawsuit How the different components of Uniswap make it hard to prove that Uniswap Labs is responsible for everything that happens on the protocol Why the DeFi Education Fund recently filed a lawsuit against the SEC Why Amanda believes in a “proactive counteroffensive strategy” with the SEC How Amanda would like legislation to be implemented in the U.S. Why the Tornado Cash developers are not liable for the actions of third parties such as North Korean hackers, according to Amanda Why Amanda thinks Uniswap will ultimately win against the SEC Thank you to our sponsors! iTrustCapital Polkadot Guest Amanda Tuminelli, Chief Legal Officer at DeFi Education Fund Previous appearance on Unchained: Is This the End of DeFi? Why the US Government Is Going After Tornado Cash You've got a friend in me: How amicus briefs are helping the crypto industry win over the courts, Amanda's op-ed for Fortune Links Wells Notice Unchained: SEC Puts DeFi in Its Sights With Potential Uniswap Suit Unchained: UNI Drops 16% as SEC Targets Uniswap Labs Uniswap Blog Post on the Wells notice Marvin Ammori Thread on Wells notice Other cases: Fortune: Don't blame Uniswap for crypto scams, judge rules—and she's right The Block: Three crypto advocacy groups file amicus briefs in Tornado Cash developer Roman Storm's case The DeFiant: SEC Faces Lawsuit Seeking To Exempt Airdrops From Securities Classification Unchained: Court Rejects Coinbase's Bid to Dismiss SEC Charges Against It Social media commentary: Paul Grewal's tweet on the potential inconsistencies with the Coinbase case. Gabriel Shapiro's tweet on how Uniswap AMM smart contracts are not run by the Uniswap company Learn more about your ad choices. Visit megaphone.fm/adchoices

Amanda Tuminelli dives deep into the SEC's confrontation with Uniswap, examining the implications for the entire DeFi sector.Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.On Wednesday, the U.S. Securities and Exchange Commission (SEC) issued a Wells notice to Uniswap Labs, the team behind the prominent decentralized exchange (DEX) Uniswap, signaling a forthcoming enforcement action.Amanda Tuminelli, Chief Legal Officer at the DeFi Education Fund, joined Unchained to unpack what the case could mean for Uniswap and the overall decentralized finance (DeFi) industry.Amanda also talks about the DeFi Education Fund's recent lawsuit against the SEC over its airdrop policies and the industry's need for a proactive counteroffensive approach in dealing with the SEC.Show highlights:Why Amanda thinks that the SEC is going to take a “kitchen sink approach” to their chargesHow the SEC could make a case that some of the tokens traded via Uniswap are securitiesWhat the next steps are in the case, with a lawsuit possibly coming soonWhether there's an inconsistency between the SEC's position and Judge Failla's rejection of the motion to dismiss the Coinbase lawsuitHow the different components of Uniswap make it hard to prove that Uniswap Labs is responsible for everything that happens on the protocolWhy the DeFi Education Fund recently filed a lawsuit against the SECWhy Amanda believes in a “proactive counteroffensive strategy” with the SECHow Amanda would like legislation to be implemented in the U.S.Why the Tornado Cash developers are not liable for the actions of third parties such as North Korean hackers, according to AmandaWhy Amanda thinks Uniswap will ultimately win against the SECThank you to our sponsors! iTrustCapital PolkadotGuest |Amanda Tuminelli, Chief Legal Officer at DeFi Education FundPrevious appearance on Unchained: Is This the End of DeFi? Why the US Government Is Going After Tornado CashYou've got a friend in me: How amicus briefs are helping the crypto industry win over the courts, Amanda's op-ed for FortuneLinksWells NoticeUnchained: SEC Puts DeFi in Its Sights With Potential Uniswap SuitUnchained: UNI Drops 16% as SEC Targets Uniswap LabsUniswap Blog Post on the Wells noticeMarvin Ammori Thread on Wells noticeOther cases:Fortune: Don't blame Uniswap for crypto scams, judge rules—and she's rightThe Block: Three crypto advocacy groups file amicus briefs in Tornado Cash developer Roman Storm's caseThe DeFiant: SEC Faces Lawsuit Seeking To Exempt Airdrops From Securities ClassificationUnchained: Court Rejects Coinbase's Bid to Dismiss SEC Charges Against ItSocial media commentary:Paul Grewal's tweet on the potential inconsistencies with the Coinbase case.Gabriel Shapiro's tweet on how Uniswap AMM smart contracts are not run by the Uniswap company-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. On Wednesday, the U.S. Securities and Exchange Commission (SEC) issued a Wells notice to Uniswap Labs, the team behind the prominent decentralized exchange (DEX) Uniswap, signaling a forthcoming enforcement action. Amanda Tuminelli, Chief Legal Officer at the DeFi Education Fund, joined Unchained to unpack what the case could mean for Uniswap and the overall decentralized finance (DeFi) industry. Amanda also talks about the DeFi Education Fund's recent lawsuit against the SEC over its airdrop policies and the industry's need for a proactive counteroffensive approach in dealing with the SEC. Show highlights: Why Amanda thinks that the SEC is going to take a “kitchen sink approach” to their charges How the SEC could make a case that some of the tokens traded via Uniswap are securities What the next steps are in the case, with a lawsuit possibly coming soon Whether there's an inconsistency between the SEC's position and Judge Failla's rejection of the motion to dismiss the Coinbase lawsuit How the different components of Uniswap make it hard to prove that Uniswap Labs is responsible for everything that happens on the protocol Why the DeFi Education Fund recently filed a lawsuit against the SEC Why Amanda believes in a “proactive counteroffensive strategy” with the SEC How Amanda would like legislation to be implemented in the U.S. Why the Tornado Cash developers are not liable for the actions of third parties such as North Korean hackers, according to Amanda Why Amanda thinks Uniswap will ultimately win against the SEC Thank you to our sponsors! iTrustCapital Polkadot Guest Amanda Tuminelli, Chief Legal Officer at DeFi Education Fund Previous appearance on Unchained: Is This the End of DeFi? Why the US Government Is Going After Tornado Cash You've got a friend in me: How amicus briefs are helping the crypto industry win over the courts, Amanda's op-ed for Fortune Links Wells Notice Unchained: SEC Puts DeFi in Its Sights With Potential Uniswap Suit Unchained: UNI Drops 16% as SEC Targets Uniswap Labs Uniswap Blog Post on the Wells notice Marvin Ammori Thread on Wells notice Other cases: Fortune: Don't blame Uniswap for crypto scams, judge rules—and she's right The Block: Three crypto advocacy groups file amicus briefs in Tornado Cash developer Roman Storm's case The DeFiant: SEC Faces Lawsuit Seeking To Exempt Airdrops From Securities Classification Unchained: Court Rejects Coinbase's Bid to Dismiss SEC Charges Against It Social media commentary: Paul Grewal's tweet on the potential inconsistencies with the Coinbase case. Gabriel Shapiro's tweet on how Uniswap AMM smart contracts are not run by the Uniswap company Learn more about your ad choices. Visit megaphone.fm/adchoices

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 nation-states in a manner similar to how Bitcoin separates money and Ethereum finance from nation-states. [1:14] What is MetaLeX?[6:16] BORGs, explained.[8:12] BORG vs. DAOs.[15:55] Cybernetic law.[25:36] Expecting the law to act in appropriate, equitable manner.[31:36] Autonomous code and the future.[35:36] What is "deal technology" an how is it used[42:15] Learnings from bridging the gap between the code and the law.& much more. 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.

Welcome to The Chopping Block – where crypto insiders Haseeb Qureshi, Tom Schmidt, Tarun Chitra, and Robert Leshner chop it up about the latest news. This week, they are joined by Samczsun, an anonymous security researcher at Paradigm, who delves into the intricacies of crypto security, ethical hacking and the shifting landscape of smart contract vulnerabilities. He also discusses his strong feelings about the “Code Is Law” philosophy and gives tips on how people in crypto can best protect their online security.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform. Show highlights:  what led Sam to a career in crypto security and his current role at Paradigm how Sam uncovered one of crypto's most legendary vulnerabilities why security experts like Sam choose the path of white hat hackers over black hats The craziness of the KyberSwap hacker's proposal parallels that Robert draws between this case and Avi Eisenberg's Mango Markets exploit what advice Sam has for the KyberSwap hacker  whether Sam, as a security expert, trusts storing his money on-chain how the Platypus hack ruling by a French judge challenges the 'Code Is Law' philosophy what the Security Alliance aims to achieve and its impact on the industry how Sam suggests individuals should practice personal crypto security, including the importance of using password managers and hardware wallets, and avoiding SMS two-factor authentication Hosts Haseeb Qureshi, managing partner at Dragonfly  Robert Leshner, founder of Compound and Superstate Tom Schmidt, general partner at Dragonfly  Disclosures Guest:  Samczsun, security researcher at Paradigm Links Hacks Episode with Ogle: The Chopping Block: How This DeFi Hack Negotiator Gets Hackers to Return Stolen Money Unchained: $48 Million Drained from KyberSwap in Hack  Kyberswap hacker's latest message Cointelegraph:  KyberSwap hacker offers $4.6M bounty for return of $46M loot Platypus exploiters walk free after claiming to be ‘ethical hackers' Code is law: The Chopping Block: ‘Code Is Law' Is ‘Obviously Not How Anything Works Ever' Unchained: The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not Thread by Gabriel Shapiro on the topic and Vy Le's response Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to The Chopping Block – where crypto insiders Haseeb Qureshi, Tom Schmidt, Tarun Chitra, and Robert Leshner chop it up about the latest news. This week, they are joined by Samczsun, an anonymous security researcher at Paradigm, who delves into the intricacies of crypto security, ethical hacking and the shifting landscape of smart contract vulnerabilities. He also discusses his strong feelings about the “Code Is Law” philosophy and gives tips on how people in crypto can best protect their online security.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform. Show highlights:  what led Sam to a career in crypto security and his current role at Paradigm how Sam uncovered one of crypto's most legendary vulnerabilities why security experts like Sam choose the path of white hat hackers over black hats The craziness of the KyberSwap hacker's proposal parallels that Robert draws between this case and Avi Eisenberg's Mango Markets exploit what advice Sam has for the KyberSwap hacker  whether Sam, as a security expert, trusts storing his money on-chain how the Platypus hack ruling by a French judge challenges the 'Code Is Law' philosophy what the Security Alliance aims to achieve and its impact on the industry how Sam suggests individuals should practice personal crypto security, including the importance of using password managers and hardware wallets, and avoiding SMS two-factor authentication Hosts Haseeb Qureshi, managing partner at Dragonfly  Robert Leshner, founder of Compound and Superstate Tom Schmidt, general partner at Dragonfly  Disclosures Guest:  Samczsun, security researcher at Paradigm Links Hacks Episode with Ogle: The Chopping Block: How This DeFi Hack Negotiator Gets Hackers to Return Stolen Money Unchained: $48 Million Drained from KyberSwap in Hack  Kyberswap hacker's latest message Cointelegraph:  KyberSwap hacker offers $4.6M bounty for return of $46M loot Platypus exploiters walk free after claiming to be ‘ethical hackers' Code is law: The Chopping Block: ‘Code Is Law' Is ‘Obviously Not How Anything Works Ever' Unchained: The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not Thread by Gabriel Shapiro on the topic and Vy Le's response Learn more about your ad choices. Visit megaphone.fm/adchoices

Imran and Qiao bring on Scott Lewis to discuss the growing trend of tokenizing real world assets.No BS crypto insight for founders.Timestamps(00:00) Intro(00:51) Welcome to Good Game(01:15) What we are going to talk about today(01:54) Real world assets gaining traction in DeFi(03:26) Rapid growth of RWAs in Maker and other protocols(04:29) Stablecoins settling over $11 trillion on chain(06:32) Interesting data points about stablecoin usage(08:41) Factors contributing to the success of crypto payment startups(09:47) Challenges faced by early attempts at crypto payments(11:18) Commercialization of real world asset utility through startups(12:36) Importance of understanding demand before tokenizing assets(14:25) Tokenizing treasury bills as a potential asset class(20:24) Potential tokenization of collectibles like Pokemon and Magic: The Gathering cards(22:26) Appreciation of collectible cards and nostalgia driving demand(23:44) Nikita Bier's tweet on belief in crypto and global events(24:10) Potential demand for tokenized gold.(25:52) Tokenized carbon credits and their potential on-chain.(27:49) Tokenizing assets without a liquid secondary market.(29:01) Composability of RWAs with DeFi protocols.(31:21) MakerDAO's plan to create a new brand and extending capital base into real-world assets.(35:50) Let's bring on Scott Lewis(37:43) Lack of strong thesis on why tokenizing assets makes sense(38:24) Scott's background(41:25) Scott's interest in real world assets due to solving important problems(41:43) Tokenizing assets provides open liquidity and transparency(44:39) KYC/AML requirements vary for different issuers and money markets(45:20) Real world assets in DeFi are a hybrid of centralized and decentralized(46:59) Gabriel Shapiro's tweet - 3 types of RWAs that exist(48:29) Scott's role as a builder of infrastructure for real world assets(48:42) Discussion about representing builders(49:48) The difference between tokenizing stocks and US Treasuries(51:05) Excitement about tokenizing specific asset classes(54:24) Question about the demand for on-chain T-bills(55:45) Underground trading groups and interest rates as a tailwind for DeFi(57:28) Discussion on the demand for traditional assets in DeFi(59:55) Bullish or bearish on tokenizing real estate?(01:00:11) Uncertainty about tokenizing precious metals and collectibles(01:00:29) Pokemon cards and Magic: The Gathering cards discussed(01:02:05) Speculators vs end collectors in the collectibles market(01:02:46) Making access to real world assets easier(01:05:38) Debate on the importance of real world assets in crypto(01:08:36) Demand and cost efficiencies driving real world asset tokenization(01:12:01) The next asset class that is most likely to get tokenized and succeed on-chain(01:13:31) Music NFTs and their potential in the marketScott Lewis Twitter: https://x.com/scott_lew_isSpotify: https://spoti.fi/3N675w3Apple Podcast: https://apple.co/3snLsxUWebsite: https://goodgamepod.xyzTwitter: https://twitter.com/goodgamepodxyzWeb3 Founders:Apply to Alliance: https://alliance.xyz/Alliance Twitter: https://twitter.com/alliancedaoDISCLAIMER: The views expressed herein are personal to the speaker(s) and do not necessarily reflect the views of any other person or entity. Discussions and answers to questions are intended as generalized, non-personalized information. Nothing herein should be construed or relied upon as investment, legal, tax, or other advice.

Welcome to The Chopping Block – where crypto insiders Haseeb Qureshi, Tom Schmidt, Tarun Chitra, and chop it up about the latest news. This week, the crew is joined by Gabriel Shapiro, general counsel at Delphi Labs, to talk about the key points in the criminal trial of Sam Bankman-Fried and his lackluster defense strategy so far. They also delve into Michael Lewis' book and his depictions of SBF's “lore and backstory,” and discuss how SBF's “quirks of character” may have actually enticed investors. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform. Show highlights:  How Haseeb's previous comments on Sam Bankman-Fried's intentions "didn't age well" after developments in the trial Why Gabriel believes that SBF is a "sociopath" and should have taken a plea deal if offered Shortcomings in the defense's strategy and why Gabriel believes they're “grasping at straws” How the fake numbers of FTX insurance fund highlight the weaknesses of a centralized exchange Why Matt Huang, cofounder of VC firm Paradigm, agreed to testify in such a high-profile trial, and why Haseeb as a VC himself wouldn't have done it Whether SBF understood the technical components of crypto and why he sounded like ChatGPT in his responses, according to Tarun Whether VCs are to blame for investing in FTX or what lessons VCs need to take away from the SBF debacle.  The differences and similarities between SBF and Binance CEO Changpeng Zhao Hosts Haseeb Qureshi, managing partner at Dragonfly  Tom Schmidt, general partner at Dragonfly  Tarun Chitra, managing partner at Robot Ventures Guest: Gabriel Shapiro, General counsel of Delphi Labs Previous appearances on Unchained: Are DAOs Strong Enough to Survive the Regulators? What Does Mango Markets Exploiter Avi Eisenberg's Arrest in Puerto Rico Mean for DeFi? Disclosures Links Previous coverage of Unchained on the trial of Sam Bankman-Fried: Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect FTX Used a Fake Number to Beef Up Its Insurance Fund: Gary Wang Previous coverage of the trial elsewhere:  NYT: What FTX's Sam Bankman-Fried and J.P. Morgan Have in Common Forbes: Sam Bankman-Fried Knew Plenty About His Alameda Research Hedge Fund–And Sent Details To Forbes Just Months Ago Tarun's tweet on insurance funds being onchain Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to The Chopping Block – where crypto insiders Haseeb Qureshi, Tom Schmidt, Tarun Chitra, and chop it up about the latest news. This week, the crew is joined by Gabriel Shapiro, general counsel at Delphi Labs, to talk about the key points in the criminal trial of Sam Bankman-Fried and his lackluster defense strategy so far. They also delve into Michael Lewis' book and his depictions of SBF's “lore and backstory,” and discuss how SBF's “quirks of character” may have actually enticed investors. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform. Show highlights:  How Haseeb's previous comments on Sam Bankman-Fried's intentions "didn't age well" after developments in the trial Why Gabriel believes that SBF is a "sociopath" and should have taken a plea deal if offered Shortcomings in the defense's strategy and why Gabriel believes they're “grasping at straws” How the fake numbers of FTX insurance fund highlight the weaknesses of a centralized exchange Why Matt Huang, cofounder of VC firm Paradigm, agreed to testify in such a high-profile trial, and why Haseeb as a VC himself wouldn't have done it Whether SBF understood the technical components of crypto and why he sounded like ChatGPT in his responses, according to Tarun Whether VCs are to blame for investing in FTX or what lessons VCs need to take away from the SBF debacle.  The differences and similarities between SBF and Binance CEO Changpeng Zhao Hosts Haseeb Qureshi, managing partner at Dragonfly  Tom Schmidt, general partner at Dragonfly  Tarun Chitra, managing partner at Robot Ventures Guest: Gabriel Shapiro, General counsel of Delphi Labs Previous appearances on Unchained: Are DAOs Strong Enough to Survive the Regulators? What Does Mango Markets Exploiter Avi Eisenberg's Arrest in Puerto Rico Mean for DeFi? Disclosures Links Previous coverage of Unchained on the trial of Sam Bankman-Fried: Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect FTX Used a Fake Number to Beef Up Its Insurance Fund: Gary Wang Previous coverage of the trial elsewhere:  NYT: What FTX's Sam Bankman-Fried and J.P. Morgan Have in Common Forbes: Sam Bankman-Fried Knew Plenty About His Alameda Research Hedge Fund–And Sent Details To Forbes Just Months Ago Tarun's tweet on insurance funds being onchain Learn more about your ad choices. Visit megaphone.fm/adchoices

How can decentralized autonomous organizations (DAOs) be more resilient? Gabriel Shapiro, general counsel at Delphi Labs, and Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch, survey the landscape and offer their insights on what will fuel the next wave of DAO innovation. Are new rules from U.S. states like Wyoming and Utah a boon for DAO creation? Or will the proceedings against Ooki DAO by U.S. regulators cast a pall on this emerging segment of the Web3 world? Show highlights: how Gabriel and Fatemeh determine whether something is actually a DAO the pressing legal issues around DAO formation where the liabilities lie in these types of organizations Delphi Labs' new “borg” concept and the problems it aims to solve what jurisdictions are more appropriate for different DAOs the nuances of Wyoming's DAO LLC law Utah's Introduction of LLDs – limited liability DAOs – and why it is innovative  why the CFTC filed a lawsuit against Ooki DAO whether governance token holders are liable for the DAO's actions how the Ooki lawsuit will impact how DAOs structure their activities in the future what happened in the MakerDAO case and its implications why Fatemeh and Gabriel disagree on whether the Mango DAO's agreement to not pursue actions against Avi Eisenberg was legally binding Thank you to our sponsors! Crypto.com Halborn Guests: Gabriel Shapiro, general counsel at Delphi Labs Previous appearances on Unchained:  What Does Mango Markets Exploiter Avi Eisenberg's Arrest in Puerto Rico Mean for DeFi?  Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch Lawmakers In New Hampshire And Utah Recognize DAOs As Legal Persons Links MakerDAO: CoinDesk: Crypto Investors' $28M ‘Black Thursday' Lawsuit Against DeFi Giant Maker Dismissed by US Judge Mango Markets: CoinDesk: Legal Expert Says Mango Markets Exploit Case Is Wake-Up Call for DAOs Avi Eisenberg Detained Unlike SBF As Mango Labs Is Denied Injunction But TRO to March 15 Unchained:  The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not CFTC Charges Mango Markets Exploiter With Market Manipulation Mango Markets Exploiter Arrested on Market Manipulation Charges Tornado Cash Unchained: The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash? Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant? Tornado Cash Sanctioned. Did the Government Overstep Its Bounds? Ooki DAO: Unchained: Why the Ooki DAO Case Could Hurt Participation in DAOs CoinDesk: Interpreting the CFTC's Lawsuit Against Ooki DAO Wyoming law Legal Nodes: Wyoming LLC as a DAO Legal Wrapper: What You Need to Know Utah The National Law Review: Utah Passes Innovative DAO Legislation Learn more about your ad choices. Visit megaphone.fm/adchoices

How can decentralized autonomous organizations (DAOs) be more resilient? Gabriel Shapiro, general counsel at Delphi Labs, and Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch, survey the landscape and offer their insights on what will fuel the next wave of DAO innovation. Are new rules from U.S. states like Wyoming and Utah a boon for DAO creation? Or will the proceedings against Ooki DAO by U.S. regulators cast a pall on this emerging segment of the Web3 world? Show highlights: how Gabriel and Fatemeh determine whether something is actually a DAO the pressing legal issues around DAO formation where the liabilities lie in these types of organizations Delphi Labs' new “borg” concept and the problems it aims to solve what jurisdictions are more appropriate for different DAOs the nuances of Wyoming's DAO LLC law Utah's Introduction of LLDs – limited liability DAOs – and why it is innovative  why the CFTC filed a lawsuit against Ooki DAO whether governance token holders are liable for the DAO's actions how the Ooki lawsuit will impact how DAOs structure their activities in the future what happened in the MakerDAO case and its implications why Fatemeh and Gabriel disagree on whether the Mango DAO's agreement to not pursue actions against Avi Eisenberg was legally binding Thank you to our sponsors! Crypto.com Halborn Guests: Gabriel Shapiro, general counsel at Delphi Labs Previous appearances on Unchained:  What Does Mango Markets Exploiter Avi Eisenberg's Arrest in Puerto Rico Mean for DeFi?  Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch Lawmakers In New Hampshire And Utah Recognize DAOs As Legal Persons Links MakerDAO: CoinDesk: Crypto Investors' $28M ‘Black Thursday' Lawsuit Against DeFi Giant Maker Dismissed by US Judge Mango Markets: CoinDesk: Legal Expert Says Mango Markets Exploit Case Is Wake-Up Call for DAOs Avi Eisenberg Detained Unlike SBF As Mango Labs Is Denied Injunction But TRO to March 15 Unchained:  The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not CFTC Charges Mango Markets Exploiter With Market Manipulation Mango Markets Exploiter Arrested on Market Manipulation Charges Tornado Cash Unchained: The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash? Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant? Tornado Cash Sanctioned. Did the Government Overstep Its Bounds? Ooki DAO: Unchained: Why the Ooki DAO Case Could Hurt Participation in DAOs CoinDesk: Interpreting the CFTC's Lawsuit Against Ooki DAO Wyoming law Legal Nodes: Wyoming LLC as a DAO Legal Wrapper: What You Need to Know Utah The National Law Review: Utah Passes Innovative DAO Legislation Learn more about your ad choices. Visit megaphone.fm/adchoices

SEC Commissioner Peirce joins for a conversation centered around her views on the SEC's approach to Crypto. The conversation covers the current regulation by enforcement strategy, other countries having a more conducive regulatory environment, Commissioner Peirce's dissenting opinions and much more. This episode is co-hosted by Gabriel Shapiro, GC of Delphi Labs, who offers his deep legal and regulatory knowledge in the crypto space. Social Links Commissioner Peirce Gabriel Shapiro Tommy Shaughnessy Follow Delphi Digital Website: https://members.delphidigital.io/home Twitter: https://twitter.com/Delphi_Digital Youtube: https://www.youtube.com/@Delphi_Digital Disclosures: This podcast is strictly informational and educational and is not investment advice or a solicitation to buy or sell any tokens or securities or to make any financial decisions. Do not trade or invest in any project, tokens, or securities based upon this podcast episode. The host and members at Delphi Ventures may personally own tokens or art that are mentioned on the podcast. Our current show features paid sponsorships which may be featured at the start, middle, and/or the end of the episode. These sponsorships are for informational purposes only and are not a solicitation to use any product, service or token. Delphi's transparency page can be viewed here.

Crypto-Tuesday February 28, 2023 - Gary Gensler, the Chairman of the U.S. Securities and Exchange Commission (SEC), has come out with a statement that all digital assets, besides bitcoin, are securities. But according to various lawyers, his opinion cannot be taken as law without the SEC having to prove its case in court for each individual token, a process which would be incredibly timely and expensive. Gabriel Shapiro from the Delphi Labs outlined that it would take 12,305 lawsuits for this to happen, making it unfeasible for most token creators. He also noted that registration is not feasible as there is no clear path for it. Overall, this statement has sparked fear in the industry as to what the SEC's plan for crypto. That said, it is important to note that Gensler's opinion should not be taken as the final legal determination – although powerful. Ultimately, judicial decisions determine what the law means and how it applies. In conclusion, Gensler's comments are something to be feared, as his opinion could have a dramatic impact on how things are regulated. Remember, Gensler has been asked to recuse himself in crypto enforcement cases because of his clearly bias statements. Attorney Steven A. Leahy reviews the current SEC vs Crypto standings on Today's Tax Talk. https://coinflip.tech/markets https://cointelegraph.com/news/crypto-lawyers-flame-gensler-over-claims-that-all-crypto-are-securities https://cryptoslate.com/ripple-asks-sec-chair-to-recuse-self-from-crypto-enforcement-cases/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/steven-leahy1/message

Three of the brightest minds in crypto law discuss LexPunK highlights from 2022, touch on disclosures regimes, sufficient decentralization, compare crypto native remedies to the current legal system, and much more. Gabriel Shapiro (@lex_node) is General Counsel at Delphi Labs. Sarah Brennan (@SH_Brennan) is General Counsel for both Delphi Research and Delphi Ventures. Marc Goldich (@marcgoldich) is General Counsel of Proximity Labs. Show highlights: [2:00] LexPunK highlights from 2022 [10:00] DAO Defense Manual [14:00] Reg ATS [20:00] Disclosure in crypto [31:00] Social slashing and crypto native remedies [54:00] Decentralization, legally [58:00] What the group is keeping an eye on in 2023 & much more. If you enjoyed this episode, please consider leaving a review. Around the Blockchain's weekly newsletter is my go-to source to stay updated on crypto law - you can subscribe here. 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.

Gabriel Shapiro, general counsel at Delphi Labs, and Collins Belton, managing partner at Brookwood P.C., dive into the controversial case of Avi Eisenberg, the self-described “applied game theorist” who was arrested in Puerto Rico on Dec. 26 on market manipulation and fraud charges. The two crypto lawyers discuss the case's potential impact on DeFi and DAO governance — and whether “code is law” stands a chance in the courtroom. Show highlights: whether Avi's manipulation of the markets constitutes fraud  debating the crypto maxim “code is law” whether it's wrong to use DeFi code in a “smarter way” how the Mango Markets exploit happened due to poor governance management whether crypto should be regulated from the securities angle or the commodities angle the consequences of Avi's arrest for the DeFi space whether MEV could constitute market manipulation, even if it's democratized for everybody the role of DAOs and whether early-stage projects should maintain some level of centralization how DAOs could be designed to have better mechanisms in order to deal with potential issues whether members of the Mango Markets DAO are liable because of their role in designing the system how Avi was “naive” to think he could avoid legal liability by returning the funds why Gabe thinks credit protocols are socially positive and why he hopes that prosecutors won't “throw everyone in jail” Thank you to our sponsors! Crypto.com DeFi Saver Links Guests: Gabriel: Twitter Delphi Labs Gabriel's Twitter thread on the case Previous appearances on Unchained:  The SEC's Lawsuit Against Ripple and 2 Execs: What You Need to Know Collins: Twitter LinkedIn Previous appearances on Unchained: How the Greatest Decentralizing Force for Crypto Projects Is the SEC Episode Links:  Previous coverage of Unchained on Avi Eisenberg and the Mango Markets exploit:  The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not - Ep. 413 The Chopping Block: 'Code Is Law' Is 'Obviously Not How Anything Works Ever' The Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He? - Ep. 428 Mango Markets exploit Explanation Avi's “Highly profitable trading strategy” Twitter thread Unchained:  Mango Markets Exploiter Arrested on Market Manipulation Charges Mango Markets Exploiter Gets Liquidated But Leaves Aave With ‘Excess Debt' - Unchained Podcast Mango Markets $42M Reimbursement Proposal Passes Mango Markets Exploiter Returns $67M After Revealing His Identity Mango Markets Hacker Proposes Keeping $70M ‘Bad Debt' As Bounty Solana's Mango Markets Sees $100M Drained in DeFi Exploit Chaindebrief: How Manipulation On AAVE And CURVE Went Wrong, Attacker Got Rekted Instead The Defiant: Another Fork Bites the Dust: The Looming Fall of Fortress DAO and the Perils of Off-Chain Governance Karlstack: EXCLUSIVE: The Man Who May Have Milked $100+ Million from Mango Markets CoinDesk: The Impact of Avraham Eisenberg's Case on the Future of Crypto Mango Markets Exploiter Eisenberg Arrested in Puerto Rico Mango Exploiter's Funds Get Liquidated After Roiling Aave Using $20M of Borrowed Curve Tokens Complaint CNBC: Decoding The Avraham Eisenberg Arrest And Its Impact On Crypto Bug Bounties, White Hat Hackers Decrypt: Mango Markets Attacker Avraham Eisenberg Arrested, Charged With 'Market-Manipulation Offenses' - Decrypt Protos: Who is Avraham Eisenberg and why is he all over Crypto Twitter? Crypto Briefing: Curve Whipsaws 75% as DeFi Degens Squeeze Avraham Eisenberg Complaint: CFTC charges Avi Eisenberg Learn more about your ad choices. Visit megaphone.fm/adchoices

Gabriel Shapiro, general counsel at Delphi Labs, and Collins Belton, managing partner at Brookwood P.C., dive into the controversial case of Avi Eisenberg, the self-described “applied game theorist” who was arrested in Puerto Rico on Dec. 26 on market manipulation and fraud charges. The two crypto lawyers discuss the case's potential impact on DeFi and DAO governance — and whether “code is law” stands a chance in the courtroom. Show highlights: whether Avi's manipulation of the markets constitutes fraud  debating the crypto maxim “code is law” whether it's wrong to use DeFi code in a “smarter way” how the Mango Markets exploit happened due to poor governance management whether crypto should be regulated from the securities angle or the commodities angle the consequences of Avi's arrest for the DeFi space whether MEV could constitute market manipulation, even if it's democratized for everybody the role of DAOs and whether early-stage projects should maintain some level of centralization how DAOs could be designed to have better mechanisms in order to deal with potential issues whether members of the Mango Markets DAO are liable because of their role in designing the system how Avi was “naive” to think he could avoid legal liability by returning the funds why Gabe thinks credit protocols are socially positive and why he hopes that prosecutors won't “throw everyone in jail” Thank you to our sponsors! Crypto.com DeFi Saver Links Guests: Gabriel: Twitter Delphi Labs Gabriel's Twitter thread on the case Previous appearances on Unchained:  The SEC's Lawsuit Against Ripple and 2 Execs: What You Need to Know Collins: Twitter LinkedIn Previous appearances on Unchained: How the Greatest Decentralizing Force for Crypto Projects Is the SEC Episode Links:  Previous coverage of Unchained on Avi Eisenberg and the Mango Markets exploit:  The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not - Ep. 413 The Chopping Block: 'Code Is Law' Is 'Obviously Not How Anything Works Ever' The Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He? - Ep. 428 Mango Markets exploit Explanation Avi's “Highly profitable trading strategy” Twitter thread Unchained:  Mango Markets Exploiter Arrested on Market Manipulation Charges Mango Markets Exploiter Gets Liquidated But Leaves Aave With ‘Excess Debt' Mango Markets $42M Reimbursement Proposal Passes Mango Markets Exploiter Returns $67M After Revealing His Identity Mango Markets Hacker Proposes Keeping $70M ‘Bad Debt' As Bounty Solana's Mango Markets Sees $100M Drained in DeFi Exploit Chaindebrief: How Manipulation On AAVE And CURVE Went Wrong, Attacker Got Rekted Instead The Defiant: Another Fork Bites the Dust: The Looming Fall of Fortress DAO and the Perils of Off-Chain Governance Karlstack: EXCLUSIVE: The Man Who May Have Milked $100+ Million from Mango Markets CoinDesk: The Impact of Avraham Eisenberg's Case on the Future of Crypto Mango Markets Exploiter Eisenberg Arrested in Puerto Rico Mango Exploiter's Funds Get Liquidated After Roiling Aave Using $20M of Borrowed Curve Tokens Complaint CNBC: Decoding The Avraham Eisenberg Arrest And Its Impact On Crypto Bug Bounties, White Hat Hackers Decrypt: Mango Markets Attacker Avraham Eisenberg Arrested, Charged With 'Market-Manipulation Offenses' Protos: Who is Avraham Eisenberg and why is he all over Crypto Twitter? Crypto Briefing: Curve Whipsaws 75% as DeFi Degens Squeeze Avraham Eisenberg New Filing: CFTC charges Avi Eisenberg Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on The Defiant Podcast we speak with Gabriel Shapiro, general counsel at Delphi Labs and a member of the LeXpunK group of crypto lawyers. He's regarded as one of the most prominent voices on regulation in the crypto space, which has lately been a major point of discussion. Recent developments include the latest draft of the DCCPA bill, Sam Bankman Fried's industry standards proposal, the CFTC charging Ooki DAO, and the Tornado Cash sanctions. We begin our conversation with Gabriel sharing his thoughts on the current state of the crypto regulatory landscape in the U.S. There are currently seven government bodies that govern crypto in the US. These are the SEC, CFTC, CFPB, IRS, FinCEN, OFAC, and Congress. We discuss how setting an overarching framework within which these bodies can operate could prevent them from regulating their own corners of the market. In comparison to other DeFi projects that offer similar services, Ooki DAO is a relatively small player. With the CFTC coming after Ooki DAO, we explore the potential implications for the biggest players in the space like Aave and Compound.

✨ DEBRIEF ✨ | Ryan & David's Unfiltered Thoughts on the Episode: https://shows.banklesshq.com/p/debrief-how-to-fix-defi-tokens  This is Hasu's 5th appearance on Bankless and this might be his best one yet. If you're unfamiliar, Hasu is a crypto-economic researcher at Paradigm, strategist at Flashbots solving MEV, host of Uncommon Core, and more recently, a Governor delegate for MakerDAO and overall DAO governance thinker. In this episode, we're going to reorg your brain about what it means to be a DAO. Hear what's broken about DAOs, the potential solutions, what regulation could do to help, and so much more. ------

Peter Van Valkenburgh, director of research at Coin Center, discusses a proposed rule by the US Securities and Exchange Commission that has massive implications for the free-speech rights of crypto software developers in the US. Show highlights: why an SEC proposal changing the definition of “exchange” could violate the right to free speech of US crypto developers whether the SEC is going after DeFi on purpose – as its 200+ page proposal never mentions crypto or DeFi what precedent Peter has found that should prohibit the SEC from taking away software developers' right to free speech how Peter and Coin Center structured their recent letter of comment to the SEC what the next steps (such as a lawsuit?) should be for the crypto community if the rule goes into effect  why writing software is part of someone's right to free speech what implications the proposed rule could have on AMMs what happens next: when could the rule be put into place? Unchained is hiring!  Find out information on the three openings at Unchained and how to apply here:  part-time remote social media marketing manager: https://unchainedpodcast.com/seeking-part-time-remote-social-media-and-marketing-manager/ part-time remote editorial assistant: https://unchainedpodcast.com/seeking-remote-editorial-assistant/ part-time remote video/audio producer: https://unchainedpodcast.com/seeking-part-time-remote-video-audio-producer/ Announcing The Cryptopians Book Clubs! On April 26th, I will be selling NFT tickets to five 90-minute virtual book clubs in which 22 people can discuss "The Cryptopians" with me and with each other — without worrying about spoilers! Two of the book clubs will also feature special guests.    The sale will go live on Tuesday, April 26, at 1pm ET/10am PT,  and tickets will be $100 each. (The sale will be on Bitski, but the NFTs will not be visible until the sale goes live on the 26th): https://www.bitski.com/@laurashin/created Thank you to our sponsors! Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021     Coinchange: https://coinchange.io    OnJuno: https://onjuno.com/  Galaxis: https://galaxis.xyz/   Episode Links   Peter Van Valkenburgh Coin Center profile: https://www.coincenter.org/people/peter-van-valkenburgh/ Twitter:  ​https://twitter.com/valkenburgh    The SEC Proposal Proposal: ​https://www.sec.gov/news/press-release/2022-10#  Comments on the proposal: https://www.sec.gov/comments/s7-02-22/s70222.htm  Coin Center's/Peter's comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/ Coin Center blog on its comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/  Gabriel Shapiro's comment: https://twitter.com/lex_node/status/1516079145213739013 

Peter Van Valkenburgh, director of research at Coin Center, discusses a proposed rule by the US Securities and Exchange Commission that has massive implications for the free-speech rights of crypto software developers in the US. Show highlights: why an SEC proposal changing the definition of “exchange” could violate the right to free speech of US crypto developers whether the SEC is going after DeFi on purpose – as its 200+ page proposal never mentions crypto or DeFi what precedent Peter has found that should prohibit the SEC from taking away software developers' right to free speech how Peter and Coin Center structured their recent letter of comment to the SEC what the next steps (such as a lawsuit?) should be for the crypto community if the rule goes into effect  why writing software is part of someone's right to free speech what implications the proposed rule could have on AMMs what happens next: when could the rule be put into place? Unchained is hiring!  Find out information on the three openings at Unchained and how to apply here:  part-time remote social media marketing manager: https://unchainedpodcast.com/seeking-part-time-remote-social-media-and-marketing-manager/ part-time remote editorial assistant: https://unchainedpodcast.com/seeking-remote-editorial-assistant/ part-time remote video/audio producer: https://unchainedpodcast.com/seeking-part-time-remote-video-audio-producer/ Announcing The Cryptopians Book Clubs! On April 26th, I will be selling NFT tickets to five 90-minute virtual book clubs in which 22 people can discuss "The Cryptopians" with me and with each other — without worrying about spoilers! Two of the book clubs will also feature special guests.    The sale will go live on Tuesday, April 26, at 1pm ET/10am PT,  and tickets will be $100 each. (The sale will be on Bitski, but the NFTs will not be visible until the sale goes live on the 26th): https://www.bitski.com/@laurashin/created Thank you to our sponsors! Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021     Coinchange: https://coinchange.io    OnJuno: https://onjuno.com/  Galaxis: https://galaxis.xyz/   Episode Links   Peter Van Valkenburgh Coin Center profile: https://www.coincenter.org/people/peter-van-valkenburgh/ Twitter:  ​https://twitter.com/valkenburgh    The SEC Proposal Proposal: ​https://www.sec.gov/news/press-release/2022-10#  Comments on the proposal: https://www.sec.gov/comments/s7-02-22/s70222.htm  Coin Center's/Peter's comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/ Coin Center blog on its comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/  Gabriel Shapiro's comment: https://twitter.com/lex_node/status/1516079145213739013 

Kristin Smith, executive director at Blockchain Association, and Jake Chervinsky, head of Policy at Blockchain Association, discuss the current state of crypto regulation. Show topics: why 2021 was a watershed year for crypto regulation and lobbying why Jake decided to move from Compound Labs to Blockchain Association what Kristin and Jake think about the current state of regulation in the crypto industry how crypto education will play a significant role in Blockchain Association efforts going forward how crypto will affect midterm elections why Kristin thinks crypto will not be a partisan issue long term what sort of budget Blockchain Association functions on what Kristin and Jake think about the President's Working Group report on stablecoins why Jake does not think the US should issue a CBDC what Blockchain Association's take is on SEC commissioner Hester Peirce's “safe harbor” proposal why Kristin and Jake believes the idea of a “crypto czar” is not feasible how regulators are treating DeFi going into 2022 how crypto tax guidelines could be improved for centralized exchanges how Blockchain Association thinks tax code 6050I should be applied what issues could arise from DAOs in 2022+ what listeners can do to address the different regulatory topics discussed in this podcast Thank you to our sponsor! Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021             Show Links   Guests Jake Chervinsky: https://twitter.com/jchervinsky  Kristin Smith: https://twitter.com/kmsmithdc Previous Unchained appearances: https://unchainedpodcast.com/everything-you-need-to-know-about-the-looming-battle-over-privacy-in-crypto/ https://unchainedpodcast.com/how-congress-might-pass-laws-bad-for-proof-of-stake-and-defi/  ​​https://unchainedpodcast.com/all-things-crypto-regulation-with-jake-chervinsky/ https://unchainedpodcast.com/why-is-the-proposed-fincen-rule-for-unhosted-wallets-being-pushed-so-quickly/ https://unchainedpodcast.com/how-congress-might-pass-laws-bad-for-proof-of-stake-and-defi/ https://unchainedpodcast.com/what-the-crypto-industry-could-see-under-a-biden-administration/ https://unchainedpodcast.com/when-is-a-token-decentralized-enough-to-not-be-a-security-ep-056/     The Blockchain Association Website: https://theblockchainassociation.org/  Twitter: https://twitter.com/BlockchainAssn  2021 growth: ​​https://theblockchainassociation.org/crypto-industrys-leading-trade-association-more-than-doubles-membership-in-2021/ Jake joining the team: https://www.politico.com/newsletters/politico-influence/2021/11/09/blockchain-association-fills-out-its-washington-team-with-seasoned-hands-798774 Regulatory Topics Discussed: a16z  https://a16z.com/2021/10/13/an-agenda-for-the-future-of-the-internet/ Tax Code 6050i https://www.coincenter.org/congress-takes-its-war-on-cash-to-digital-assets/ https://unchainedpodcast.com/not-reporting-info-on-some-transaction-partners-could-soon-be-a-felony/  Infrastructure Bill https://twitter.com/jerrybrito/status/1461317078175072263 President's Working Group stablecoin report https://www.coindesk.com/policy/2021/11/01/biden-administration-to-congress-put-stablecoins-under-federal-supervision-or-we-will/ FATF Guidance https://twitter.com/coincenter/status/1453700485484097537    Articles Jake Mentioned Jake on CBDCs: https://www.coindesk.com/layer2/2021/12/21/secure-americas-financial-strength-with-stablecoins-not-central-banks/  Gabriel Shapiro on DAOs: https://lexnode.substack.com/p/wyomings-legal-dao-saster  Morgan Harper thread: https://twitter.com/mh4oh/status/1463219384776806402    General Regulatory Information Messari Crypto Theses  pages 52-90 is an excellent summary of EVERYTHING going on in crypto regulation Page 29 talks about Kristin directly Page 56 talks about blockchain association directly  https://messari.io/pdf/messari-report-crypto-theses-for-2022.pdf CoinDesk → How the crypto regulatory scene has evolved https://www.coindesk.com/policy/2021/12/28/how-cryptos-regulatory-scene-might-evolve-in-2022/ Decrypt on Gensler's 2021 https://decrypt.co/88966/crypto-person-of-the-year-201-gary-gensler-sec  Blockchain Association policy positions https://theblockchainassociation.org/policy-positions/ 

Kristin Smith, executive director at Blockchain Association, and Jake Chervinsky, head of Policy at Blockchain Association, discuss the current state of crypto regulation. Show topics: why 2021 was a watershed year for crypto regulation and lobbying why Jake decided to move from Compound Labs to Blockchain Association what Kristin and Jake think about the current state of regulation in the crypto industry how crypto education will play a significant role in Blockchain Association efforts going forward how crypto will affect midterm elections why Kristin thinks crypto will not be a partisan issue long term what sort of budget Blockchain Association functions on what Kristin and Jake think about the President's Working Group report on stablecoins why Jake does not think the US should issue a CBDC what Blockchain Association's take is on SEC commissioner Hester Peirce's “safe harbor” proposal why Kristin and Jake believes the idea of a “crypto czar” is not feasible how regulators are treating DeFi going into 2022 how crypto tax guidelines could be improved for centralized exchanges how Blockchain Association thinks tax code 6050I should be applied what issues could arise from DAOs in 2022+ what listeners can do to address the different regulatory topics discussed in this podcast Thank you to our sponsor! Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021             Show Links   Guests Jake Chervinsky: https://twitter.com/jchervinsky  Kristin Smith: https://twitter.com/kmsmithdc Previous Unchained appearances: https://unchainedpodcast.com/everything-you-need-to-know-about-the-looming-battle-over-privacy-in-crypto/ https://unchainedpodcast.com/how-congress-might-pass-laws-bad-for-proof-of-stake-and-defi/  ​​https://unchainedpodcast.com/all-things-crypto-regulation-with-jake-chervinsky/ https://unchainedpodcast.com/why-is-the-proposed-fincen-rule-for-unhosted-wallets-being-pushed-so-quickly/ https://unchainedpodcast.com/how-congress-might-pass-laws-bad-for-proof-of-stake-and-defi/ https://unchainedpodcast.com/what-the-crypto-industry-could-see-under-a-biden-administration/ https://unchainedpodcast.com/when-is-a-token-decentralized-enough-to-not-be-a-security-ep-056/     The Blockchain Association Website: https://theblockchainassociation.org/  Twitter: https://twitter.com/BlockchainAssn  2021 growth: ​​https://theblockchainassociation.org/crypto-industrys-leading-trade-association-more-than-doubles-membership-in-2021/ Jake joining the team: https://www.politico.com/newsletters/politico-influence/2021/11/09/blockchain-association-fills-out-its-washington-team-with-seasoned-hands-798774 Regulatory Topics Discussed: a16z  https://a16z.com/2021/10/13/an-agenda-for-the-future-of-the-internet/ Tax Code 6050i https://www.coincenter.org/congress-takes-its-war-on-cash-to-digital-assets/ https://unchainedpodcast.com/not-reporting-info-on-some-transaction-partners-could-soon-be-a-felony/  Infrastructure Bill https://twitter.com/jerrybrito/status/1461317078175072263 President's Working Group stablecoin report https://www.coindesk.com/policy/2021/11/01/biden-administration-to-congress-put-stablecoins-under-federal-supervision-or-we-will/ FATF Guidance https://twitter.com/coincenter/status/1453700485484097537    Articles Jake Mentioned Jake on CBDCs: https://www.coindesk.com/layer2/2021/12/21/secure-americas-financial-strength-with-stablecoins-not-central-banks/  Gabriel Shapiro on DAOs: https://lexnode.substack.com/p/wyomings-legal-dao-saster  Morgan Harper thread: https://twitter.com/mh4oh/status/1463219384776806402    General Regulatory Information Messari Crypto Theses  pages 52-90 is an excellent summary of EVERYTHING going on in crypto regulation Page 29 talks about Kristin directly Page 56 talks about blockchain association directly  https://messari.io/pdf/messari-report-crypto-theses-for-2022.pdf CoinDesk → How the crypto regulatory scene has evolved https://www.coindesk.com/policy/2021/12/28/how-cryptos-regulatory-scene-might-evolve-in-2022/ Decrypt on Gensler's 2021 https://decrypt.co/88966/crypto-person-of-the-year-201-gary-gensler-sec  Blockchain Association policy positions https://theblockchainassociation.org/policy-positions/ 

Gabe and Sarah are experts on all things crypto and some of my brightest minds in the space. If you're at all interested in Web3, you must follow both. Gabriel Shapiro (@lex_node) is General Counsel at Delphi Labs. Gabe was previously a Partner at Belcher, Smolen & Van Loo LLP, where he was a corporate attorney for builders of DeFi, DAOs, blockchain & other decentralization technologies. Sarah (Lord) Brennan (@SH_Brennan) is a corporate and securities attorney with over a decade of experience and a strong interest in technology who is passionate about helping companies grow and scale. Sarah is General Counsel at Delphi Ventures. Prior to joining Delphi, Sarah was Head of Harter Secrest & Emery LLP's Digital Assets and Disruptive Tech Practice and is a former Partner at Lippes Mathias LLP. Show highlights - Problems Gabe and Sarah see with the regulatory approach to crypto and viable paths forward - Competing philosophies around tokens – essentialism vs functionalism - What are tokens, legally? What should they be - What is decentralization legally, why is it important and how could this change in the future? - Governance structures, what does good governance mean, what are the common theories and opportunities, best practices - LeXPunk – 2-min intro to LexPunk + Builder Defense DAO, plans, visions, values - Updating the Venture Model for DeFi: problems & solutions - What aspect of crypto-law are Gabe and Sarah most interested in seeing develop and why & much more

The Delphi Podcast Host and GP of Delphi Ventures Tom Shaughnessy sits down with Gabriel Shapiro, General Counsel at Delphi Labs, Delphi's very own project incubator. The two discuss legal differences between traditional businesses and crypto, the motivations of regulatory bodies, regulation on centralized and decentralized stablecoins and much more! We would like to thank our sponsors for making this podcast possible. Kava: Kava connects the world's largest cryptocurrencies on DeFi's most trusted platform. Mint stablecoins, lend, borrow, earn and swap safely across the top crypto assets with a simple user experience and the confidence of institutional-grade security. To learn more visit kava.io Celo: Celo is a mobile-first platform that makes financial dApps and crypto payments accessible to anyone with a mobile phone. Celo supports over 1000 projects who are everyday building applications and issuing digital currencies from 100+ countries around the world. Learn more at Celo.org.  Every Delphi Podcast is dropped first as a video interview for Delphi Digital Subscribers. Our members also have access to full interview transcripts. Join today to get our interviews, first. Show Notes: (00:00:00) – Introduction. (00:02:35) – Gabriel's background.   (00:04:17) – War stories from Gabriel's VC days. (00:06:17) – Biggest legal differences between projects in crypto and the traditional world. (00:11:23) – Regulatory bodies that have the most impact on crypto.  (00:15:23) – How motivations to support innovation and regulatory turf wars can coexist.  (00:18:56) – Gabriel's thoughts on pushing the boundaries of regulation. (00:22:07) – What Gabriel would say to Gary Gensler. (00:27:00) – What a regulatory attack on a big DeFi project could look like. (00:32:05) – Regulation on decentralized teams. (00:35:39) – Governments and fair launches. (00:39:03) – How much Americans' voices matter. (00:42:13) – What regulators really care about. (00:44:13) – Personal liability and why it's important. (00:48:43) – Regulation and stablecoins. (00:51:51) – How regulating $USDC would affect DeFi. (00:54:13) – The regulatory resistance of $UST.  (00:57:06) – The optimal formation for a crypto project.  (01:01:41) – The ways other lawyers can get up to speed on crypto regulation. (01:04:44) – How crypto is disrupting the traditional legal model. Resources: Gabriel's Twitter Gabriel's Linkedin Gabriel's Disclosure Gabriel's Newsletter Delphi Labs Website More Our Video interviews Can Be Viewed Here: https://www.youtube.com/channel/UC9Yy99ZlQIX9-PdG_xHj43Q Access Delphi's Research Here: https://www.delphidigital.io/ Disclosures: This podcast is strictly informational and educational and is not investment advice or a solicitation to buy or sell any tokens or securities or to make any financial decisions. Do not trade or invest in any project, tokens, or securities based upon this podcast episode. The host and members at Delphi Digital may personally own tokens or art that are mentioned on the podcast. Our current show features paid sponsorships which may be featured at the start, middle, and/or the end of the episode. These sponsorships are for informational purposes only and are not a solicitation to use any product, service or token. Delphi's transparency page can be viewed here.

In this episode of Decred in Depth (Live) Eduardo will be sitting down with two crypto legal experts, Stephen Palley and Gabriel Shapiro (Lexnode), to discuss the current state of digital-asset regulation and the future of Decentralized Autonomous Organizations. We will be joined by Decred core developer, Luke Powell, who will offer his own commentary and questions.   Find out more about Decred: https://decred.org Join the Decred community! Twitter: https://twitter.com/decredproject Reddit: https://www.reddit.com/r/decred Telegram: https://t.me/Decred Discord: https://discord.com/invite/GJ2GXfz Matrix: https://chat.decred.org/

Stephen Palley, partner at Anderson Kill. and Gabriel Shapiro, partner at BSV Law, discuss the SEC's lawsuit against Ripple and two executives, Chris Larsen and Bard Garlinghouse. In this episode, they explain: what was so "egregious" that the SEC went after two executives, Chris Larsen and Brad Garlinghouse, were charged  why their sales showed an information asymmetry, and why that matters why the complaint comes close to being a fraud case, but why the SEC didn't charge them with fraud why the idea that XRP is a currency and therefore cannot be a security will likely not fly why it's unlikely the case will go to the Supreme Court the SEC's case for why XRP is a security, and Ripple's role in it how even on a technical level, the XRP network is centralized how strong the SEC's case is against Larsen and Garlinghouse Stephen's and Gabriel's predictions on how the lawsuit will play out how this will likely impact XRP investors whether or not Ripple could become an SEC-reporting company and XRP a security what happened with Ripple's lead investor in its most recent fundraising round whether or not the SEC might go after exchanges or other players who made money off XRP or collaborated with Ripple around XRP trading what this means for Coinbase, in particular, because it's going public later this year what Ripple's defense, in its summarized Wells submission, was  how this case compares to some of the other big SEC/crypto securities cases, Kik/Kin and Telegram whether there might ever be a digital token that is determined to be a security for specific transactions but not others what the wider implications of the case are for the rest of the crypto industry    Thank you to our sponsors!  Crypto.com: http://crypto.com 1inch: https://1inch.exchange   Episode links:  Stephen Palley: https://twitter.com/stephendpalley Gabriel Shapiro: https://twitter.com/lex_node   SEC lawsuit against Ripple: https://www.sec.gov/litigation/complaints/2020/comp-pr2020-338.pdf   SEC lawsuit against Ripple being close to a fraud case: https://twitter.com/stephendpalley/status/1341523294344896515?s=20   Former SEC commissioner Joe Grundefest on the case: https://www.theblockcrypto.com/linked/89164/former-sec-commissioner-says-ripple-lawsuit-will-cause-multi-billion-dollar-losses-to-innocent-third-parties   Other lawsuit against Ripple: https://www.courtlistener.com/recap/gov.uscourts.cand.334410/gov.uscourts.cand.334410.115.0.pdf   Technical assessment of Ripple network: https://cryptobern.github.io/noconsensusripple/   Tetragon's case against Ripple: https://twitter.com/stephendpalley/status/1346531087971999749?s=20   What the case means for exchanges: https://www.coindesk.com/coinbase-delist-xrp-exchanges-dilemma   Coinbase suspends trading in XRP: https://blog.coinbase.com/coinbase-will-suspend-trading-in-xrp-on-january-19-2e09652dbf57 https://www.coindesk.com/coinbase-suspends-xrp-trading   Lawsuit against Coinbase: https://www.bloomberg.com/news/articles/2020-12-30/coinbase-sued-over-xrp-commissions-after-sec-pursues-ripple?sref=m9L277rN https://twitter.com/stephendpalley/status/1344352455895691269?s=20   People in the industry thinking for a while that XRP is a security: https://www.theblockcrypto.com/genesis/57366/xrp-is-probably-a-security-dont-at-me   Mary Jo White: https://www.coindesk.com/former-sec-chair-represents-ripple-xrp-lawsuit Ripple's Wells submission: https://ripple.com/wp-content/uploads/2020/12/Ripple-Wells-Submission-Summary.pdf

Stephen Palley, partner at Anderson Kill. and Gabriel Shapiro, partner at BSV Law, discuss the SEC's lawsuit against Ripple and two executives, Chris Larsen and Bard Garlinghouse. In this episode, they explain: what was so "egregious" that the SEC went after two executives, Chris Larsen and Brad Garlinghouse, were charged  why their sales showed an information asymmetry, and why that matters why the complaint comes close to being a fraud case, but why the SEC didn't charge them with fraud why the idea that XRP is a currency and therefore cannot be a security will likely not fly why it's unlikely the case will go to the Supreme Court the SEC's case for why XRP is a security, and Ripple's role in it how even on a technical level, the XRP network is centralized how strong the SEC's case is against Larsen and Garlinghouse Stephen's and Gabriel's predictions on how the lawsuit will play out how this will likely impact XRP investors whether or not Ripple could become an SEC-reporting company and XRP a security what happened with Ripple's lead investor in its most recent fundraising round whether or not the SEC might go after exchanges or other players who made money off XRP or collaborated with Ripple around XRP trading what this means for Coinbase, in particular, because it's going public later this year what Ripple's defense, in its summarized Wells submission, was  how this case compares to some of the other big SEC/crypto securities cases, Kik/Kin and Telegram whether there might ever be a digital token that is determined to be a security for specific transactions but not others what the wider implications of the case are for the rest of the crypto industry    Thank you to our sponsors!  Crypto.com: http://crypto.com 1inch: https://1inch.exchange   Episode links:  Stephen Palley: https://twitter.com/stephendpalley Gabriel Shapiro: https://twitter.com/lex_node   SEC lawsuit against Ripple: https://www.sec.gov/litigation/complaints/2020/comp-pr2020-338.pdf   SEC lawsuit against Ripple being close to a fraud case: https://twitter.com/stephendpalley/status/1341523294344896515?s=20   Former SEC commissioner Joe Grundefest on the case: https://www.theblockcrypto.com/linked/89164/former-sec-commissioner-says-ripple-lawsuit-will-cause-multi-billion-dollar-losses-to-innocent-third-parties   Other lawsuit against Ripple: https://www.courtlistener.com/recap/gov.uscourts.cand.334410/gov.uscourts.cand.334410.115.0.pdf   Technical assessment of Ripple network: https://cryptobern.github.io/noconsensusripple/   Tetragon’s case against Ripple: https://twitter.com/stephendpalley/status/1346531087971999749?s=20   What the case means for exchanges: https://www.coindesk.com/coinbase-delist-xrp-exchanges-dilemma   Coinbase suspends trading in XRP: https://blog.coinbase.com/coinbase-will-suspend-trading-in-xrp-on-january-19-2e09652dbf57 https://www.coindesk.com/coinbase-suspends-xrp-trading   Lawsuit against Coinbase: https://www.bloomberg.com/news/articles/2020-12-30/coinbase-sued-over-xrp-commissions-after-sec-pursues-ripple?sref=m9L277rN https://twitter.com/stephendpalley/status/1344352455895691269?s=20   People in the industry thinking for a while that XRP is a security: https://www.theblockcrypto.com/genesis/57366/xrp-is-probably-a-security-dont-at-me   Mary Jo White: https://www.coindesk.com/former-sec-chair-represents-ripple-xrp-lawsuit Ripple’s Wells submission: https://ripple.com/wp-content/uploads/2020/12/Ripple-Wells-Submission-Summary.pdf

Guests:Lewis Cohen (@NYcryptolawyer)Gabriel Shapiro (@lex_node)Host:Richard Yan (@gentso09)Today's motion is “Legally speaking, tokens are more like commodities than like securities.”Today's guests are two legal experts in crypto space. One of them will argue that token transactions on the post-ICO, secondary market should for the most part be regulated like commodities and not securities. He will argue that the tokens changing hands in said capital markets do not themselves represent securities, because they don't capture the same rights as conferred in the primary transaction. He laid out his thoughts in the paper “Ain't Misbehavin': An Examination of Broadway Tickets and Blockchain Tokens,” which will be included in the show notes.And of course, the other guest vehemently disagrees on this point.Throughout the debate, we also cover the SEC vs Kik case and Ripple's security status.If you're into crypto and like to hear two sides of the story, be sure to also check out our previous episodes. We've featured some of the best known thinkers in the crypto space.If you would like to debate or want to nominate someone, please DM me at @blockdebate on Twitter.Please note that nothing in our podcast should be construed as financial advice.Source of select items discussed in the debate (and supplemental material):Lewis Cohen's paper: "Ain't Misbehavin': An Examination of Broadway Tickets and Blockchain Tokens": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3501764SEC vs XRP: https://www.coindesk.com/xrp-untradeable-sec-securitySEC vs Kik: https://www.coindesk.com/kik-sec-rulingLewis Cohen: https://dlxlaw.com/who-we-areGabe Shapiro blog: https://lex-node.medium.com/Debater bios:Lewis is co-founder of the New York based DLX law firm. His main focus is blockchain, tokenization, and other new capital raising techniques and structures. He was previously a partner at two of the Global 25 law firms, and his practices included securitization and other complex structured financings.Gabe is partner of the San Francisco based law firm Belcher, Smolen & Van Loo LLP. He has published several pieces diving deep into US Securities Law, in which he shares his vision and philosophy for how Tokenized Networks should be regulated. His specialty also includes M&A transactions for high tech corporate clients.

Gabriel Shapiro, partner at BSV Law (no relationship to the coin), joins the show to chat securities law, tokenized securities, and the nature of industry regulation. In this episode:  Gabriel's introduction to the crypto industry and Nick Szabo's influence Gabriel's view on what public blockchains are for, most fundamentally Why there is an inherent tension between blockchains and the law Can public blockchains be made compatible with the law, and to what extent? The best opportunities for synergy between the law and crypto Gabriel's case for real tokenized securities How stock certificates are held and organized in legacy markets Domains where tokenized securities could outperform the current state of affairs A mistake investors make when interpreting SEC behavior Why the SEC will often let private litigation play out before imposing a fine The contrast between the EOS/Block One and Sia/ Nebulous Gabriel's critique of Hester Pierce's safe harbor for tokens - and her response Precedents to consider when looking at the utility/security distinction Whether a "Hinman test" for sufficient decentralization exists and what it entails Gabriel's proposed modification to securities laws to suit the reality of the industry The effect of election outcomes on securities enforcement Follow Gabriel on Twitter and read his fantastic series on Medium, Size Does Matter

Ep. 115 with Autonomous Attorney, Gabriel Shapiro, also known as @lex_node on twitter and telegram. Gabriel is a thought leader on the topics of securities law and tokenization. Check out some of his writings at https://www.dealninja.law/. He brings a decade of experience in the structuring, negotiation and execution of strategic transactions for technology clients. He represents and advises clients in connection with: mergers, acquisitions & joint ventures governance design & issues venture financings & crowdsales (SAFTs, stock, tokens) securities law compliance (private & public) product design & compliance for peer-to-peer technologies Gabriel is a partner at BSV Law. Prior to launching his own practice, Gabriel practiced for many years in the tech M&A groups of top corporate law firms Dewey & LeBoeuf, Weil, Gotshal & Manges and Hogan Lovells. We discussed his most recent article, https://medium.com/@lex_node/defining-decentralization-for-law-58ca54e18b2a which outlines a variety of tests that could be used for regulators to define "sufficient decentralization." You may find the transcript of this podcast on this link: https://www.sashahodler.com/post/transcript-for-hodlcast-ep-115-with-attorney-gabriel-shapiro

Telegram, the popular messaging app, has big plans for its blockchain Telegram Open Network, or TON. It also had one of the biggest token sales in history, followed by a huge legal fight over it.The U.S. Securities and Exchange Commission (the SEC) sued the company to stop its $1.7 billion private token sale, saying the future tokens for TON, called grams, are unregistered securities. Telegram argued grams were a commodity. A federal court judge in New York issued a preliminary injunction agreeing with the SEC, blocking Telegram from issuing tokens. The court battle has been an interesting one, as is the ruling of the judge. Together with two experienced attorneys, Gabriel Shapiro of BSV Law and Phillip Moustakis of Seward & Kissel, we’re unpacking this process, which is likely to set a precedent for other token sales structured as SAFT, or simple agreement for future tokens – starting with Kik and potentially followed by many more. SAFTs used to be a popular form of fundraising in crypto – What went wrong for Telegram? Is there still a chance an ambitious proof-of-stake blockchain will still get launched? Is there still a safe way to raise money via a token sale or not? What are the remaining options for Telegram – and for its investors? See also: Judge Halts Telegram Token Issuance in Injunction Requested by SECTelegram Hopes It Can Still Sell Tokens to Non-US Investors After Court RulingBlockchain Association Says Court ‘Erred’ With Decision to Block Telegram’s Token IssuanceDigital Chamber Asks Court to Draw Line Between Investment Contracts and Assets in Telegram CaseAndreessen Horowitz: “Reading Between the Lines: SEC, Telegram, and Rule 144”SEC Settles Securities Registration Charges Against 2 ICO Startups

Gabriel Shapiro is an independent attorney who has spent the last two years focusing on the tokens and crypto. He has published several pieces diving deep into US Securities Law, in which he shares his vision and philosophy for how Tokenized Networks should be regulated. In light of the recent “safe harbor” framework proposed by SEC Commissioner Hester Pierce, Gabriel offers his thoughts and suggests how these measures could be improved in a way that would benefit the entire industry.Topics covered in this episode:Gabriel’s background and how he got into the blockchain spaceWhat motivated Gabriel to write his series of postsWhy Securities Laws in the US appear more complex than other countriesThe classifications we give tokens - commodities, currenciesThe Howey Test and how it applies in the crypto spaceWhat the Exchange Act 1984 is and the impact this has on companies that issue securitiesWhy crypto networks not complying with the Securities Law aren’t being punishedWhat is wrong in the blockchain industry and what it has to do with Securities LawGabriel’s philosophy and how Securities Law should be applied when issuing tokens and launching networksThe Safe Harbor proposal - what it is, how it defines things like decentralization and network maturityGabriel’s thoughts on how things can be improvedEpisode links: ZeroLaw WebsiteTokenizing Corporate Capital StockAn open letter to SEC Commissioner Peirce on token safe harborsSize Does Matter — Part 1, Gabriel ShapiroSize Does Matter — Part 2, Gabriel ShapiroSize Does Matter — Part 3, Gabriel ShapiroSize Does Matter — Part 4, Gabriel ShapiroEthereum’s ‘Bazaar’ Development Model Will Pay Off in 2020Hester Peirce: Tell Me How to Improve My Safe Harbor ProposalPreston Byrne: Peirce’s Safe Harbor Proposal Would Be Hilarious if It Weren’t so SeriousZeroLaw TwitterGabriel Shapiro TwitterEpicenter Meetup at EthCCEpicenter 2020 Audience SurveySponsors: Pepo: Meet the people shaping the crypto movement - https://pepo.com/epicenterNervos: If you’re a developer or project seeking funding for an innovative idea, check out the Nervos Grants Program today - https://www.nervos.org/grantsThis episode is hosted by Sebastien Couture & Brian Fabian Crain. Show notes and listening options: epicenter.tv/328

Gabriel Shapiro is a blockchain attorney and writer focusing his practice on the intersection of securities law, corporate law, and blockchain networks. Shapiro has published a number of pieces on this intersection -- specifically, the tokenization of corporate capital stock, decentralized autonomous organizations (DAOs), and sufficiently decentralized blockchain networks. In this conversation, Gabriel and Derek talk about all three of these areas -- blockchain-enabled public markets, the future of decentralized decision making, and Gabriel’s thesis on embracing securities laws for token-enabled distributed networks.

Episode notes:

Marco Santori, the president and chief legal officer of Blockchain, discusses this week's big regulatory news — the SEC's guidance on initial coin offerings and its first no-action letter. We talk about what guidance actually means and how much weight it has in court, how much clarity this guidance actually brought, and how the framework could affect also future attempts at future fundraising/token distribution events and airdrops. We also cover the no-action letter and the ways in which the token of TurnKey Jet, which received the no-action letter, is quite different from most other crypto-tokens and how helpful that example is for crypto projects. Thank you to our sponsor! CipherTrace: http://ciphertrace.com/unconfirmed Episode links: SEC guidance: https://www.sec.gov/files/dlt-framework.pdf No-action letter: https://www.sec.gov/divisions/corpfin/cf-noaction/2019/turnkey-jet-040219-2a1.htm Marco Santori: https://twitter.com/msantoriesq Marco's tweet storm on the guidance and no-action letter: https://twitter.com/msantoriESQ/status/1113458502264074246 Coin Center's analysis: https://coincenter.org/entry/coin-center-analysis-of-sec-cryptocurrency-guidance Jake Chervinksy tweetstorm: https://twitter.com/jchervinsky/status/1113672285595086848 Skeptic Preston Byrne tweetstorm: https://twitter.com/prestonjbyrne/status/1113463999591518209 Meltem Demirors tweetstorm: https://twitter.com/melt_dem/status/1113457795792293889 Katherine Wu tweetstorm: https://twitter.com/katherineykwu/status/1113452950041649157 Gabriel Shapiro tweetstorm: https://twitter.com/lex_node/status/1113461396593713152 SAFT white paper: http://saftproject.com/#saft-whitepaper Article on SAFT white paper: https://www.forbes.com/sites/laurashin/2017/10/02/are-icos-for-utility-tokens-selling-securities-prominent-crypto-players-say-yes/ More on the no-action letter: https://www.coindesk.com/sec-issues-first-ever-no-action-letter-clearing-ico-to-sell-tokens-under-us-law https://www.coindesk.com/secs-first-crypto-no-action-letter-took-11-months-to-secure Letter from TurnKey Jet prompting the no-action letter: https://www.sec.gov/divisions/corpfin/cf-noaction/2019/turnkey-jet-040219-2a1-incoming.pdf Unchained episode with SEC Commissioner Hester Peirce: https://unchainedpodcast.com/sec-commissioner-hester-peirce-come-talk-to-the-sec/

!!ALERT!! TECHNICAL DIFFICULTIES FROM 7:20 to 10:00 PLEASE SCROLL PAST UNTIL I CAN EDIT & RELOAD! THANKS! ALERT!!!Young people are torn in many directions these days. Unfortunately, they must prepare for their future while simultaneously ensuring that the planet they live on actually has one. From climate change to social justice, more and more college students are finding time to organize, speak out and effect change on important issues.Talkupy welcomes student organizer Gabriel Shapiro to the show at 9 p.m. Wednesday  Oct. 14. Active in Hampshire College Climate Justice, the Climate Action Now Network of the Pioneer Valley, We Are Seneca Lake and more, Gabriel will discuss the need to act now on climate change. He will also tell us how he finds the time to work as an organizer at the intersection of these and other important movements. We'll also  explore the strategies that young activists are taking to put personal differences aside and focus on the issues in unity.Please find more information on Hampshire College Climate Justice on Facebook and follow Gabriel on Facebook or Instagram. Follow @Talkupy_Radio on Twitter or visit Talkupy.net

!!ALERT!! TECHNICAL DIFFICULTIES FROM 7:20 to 10:00 PLEASE SCROLL PAST UNTIL I CAN EDIT & RELOAD! THANKS! ALERT!!!Young people are torn in many directions these days. Unfortunately, they must prepare for their future while simultaneously ensuring that the planet they live on actually has one. From climate change to social justice, more and more college students are finding time to organize, speak out and effect change on important issues.Talkupy welcomes student organizer Gabriel Shapiro to the show at 9 p.m. Wednesday  Oct. 14. Active in Hampshire College Climate Justice, the Climate Action Now Network of the Pioneer Valley, We Are Seneca Lake and more, Gabriel will discuss the need to act now on climate change. He will also tell us how he finds the time to work as an organizer at the intersection of these and other important movements. We'll also  explore the strategies that young activists are taking to put personal differences aside and focus on the issues in unity.Please find more information on Hampshire College Climate Justice on Facebook and follow Gabriel on Facebook or Instagram. Follow @Talkupy_Radio on Twitter or visit Talkupy.net