Episodi
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On Episode 185 I interviewed crypto journalist Eleanor Terrett. Eleanor covers all things crypto for Fox Business news. In this episode we discussed the SBF's 25 year prison sentence as well as other major legal issues in the crypto and blockchain space.
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On Episode 184 of LexLine I interviewed Eugene Dorfman. Eugene is crypto and NFT enthusiast and the owner of Pro Player Insurance LLC Sports & Entertainment Insurance in Miami, Florida. Eugene's agency specializes in providing disability and life insurance coverage for high networth professional atheletes.
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Episodi mancanti?
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In Episode 182 of LexLine, I had the pleasure to talk with Web3 lawyer and coder Jordan Teague. Jordan is a self-professed “nerd in the basement,” with a passion for merging law and technology to help her clients become more effective, efficient, and forward-thinking.
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On Episode 181 of LexLine, I sat down with attorney Pablo Segerra to discuss the current state of the Web3 start up world and the future outlook for NFT brands. Pablo is the founder of www.SideHustle.Law--a law firm focussed on advising emerging technology entrepreneurs, especially those venturing into online businesses and blockchain technology.
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In this episode of LexLine I discuss the recent hearing in federal court on Coinbase's Motion to Dismiss the SEC's lawsuit. On January 17, 2024, Coinbase appared in federal court for a landmark legal battle with the SEC, challenging the agency's claims that it operates as an unregistered broker and clearing agency, and that 13 cryptocurrencies on its platform are securities. This case has the potential to redefine the SEC's regulatory boundaries over cryptocurrency markets in the United States. One of the primary issues for the court to address is whether the 13 digital assets mentioned in the lawsuit meet the legal definition of securities under the Howey Test.
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In Episode 179 of LexLine, I talked with crypto CPA Cameron Browne to clarify how IRS Sec. 6040i applies to crypto transactions over $10K.
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Had a wonderful converesation with the CEO Psychedelica about the future of NFTs and Web3.
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In Episode 177 of LexLine, we sat down with the Girl in the Verse to discuss her journey from traditional broadcast journalist to Crypto and Web3 content creation.
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Attorney Jason Schwartz is a tax partner & digital assets co-head at the law firm of Fried Frank. On this episode of LexLine we discussed proposed IRS/Treasury digital asset broker reporting regs that, if approved, would essentially require every user to KYC their personal identifying information to any qualifying digital broker asset platform. This proposed reg raises significant privacy and personal user data security concerns. Here's a link for more on these proposed Treasury regs. https://defidefenselawyer.com/images/pdf/guide-to-proposed-digital-asset-broker-regulations.pdf
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Could the perceived "worthless" value of NFTs' Ultimately be A Positive Thing for These Collectables? Rolling Stone recently published an article based on a study by dappGambl, suggesting that 95% of NFTs are worthless. The study included 73,257 NFT collections, with 69,795 having a market cap of zero ETH, suggesting 95% of these NFTs are essentially worthless. ,The perceived worthlessness of NFTs could serve as a positive refining mechanism, fostering innovation, sustainability, and enhanced quality in the NFT space. It allows for market corrections and provides entry points for new stakeholders. Furthermore, seemingly “worthless” NFTs have multiple pathways to potentially gain value over time, through factors like scarcity, historical significance, community building, market sentiment shifts, external validation, and utility enhancement. The dynamism and the multifaceted nature of the NFT market hint at a future where value perceptions and applications of NFTs are diverse and ever-evolving.
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In this episode of LexLine I discuss LBRY's notice of intent to appeal th court's ruling LBRY's token, LBRY Credits (LBC), is an unregistered security, supporting the U.S. Securities and Exchange Commission (SEC) stance.
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Court rules in favor of Grayscale and notes that l"To avoid arbitrariness and caprice, administrative adjudication must be consistent and predictable, following the basic principle that similar cases should be treated similarly. NYSE Arca presented substantial evidence that Grayscale is similar, across the relevant regulatory factors, to bitcoin futures ETPs. The Commission failed to adequately explain why it approved the listing of two bitcoin futures ETPs but not Grayscale’s proposed bitcoin ETP. In the absence of a coherent explanation, this unlike regulatory treatment of like products is unlawful. We therefore grant Grayscale’s petition for review and vacate the Commission’s order." https://storage.courtlistener.com/recap/gov.uscourts.cadc.38827/gov.uscourts.cadc.38827.1208547574.0.pdf
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The DOJ announced yesterday that it has returned an indictment charging the founders of Tornado Cash with money laundering and sanctions violations. DOJ Press Release Two individuals, Roman Storm and Roman Semenov, have been charged with operating Tornado Cash Service, a cryptocurrency mixer, which allegedly laundered more than $1 billion in criminal proceeds. The U.S. Department of Justice (DOJ) announced the unsealing of the indictment, detailing multiple charges against the defendants, including conspiracy to commit money laundering, sanctions violations, and operating an unlicensed money transmitting business.https://open.substack.com/pub/cryptocriminaldefenselawyer/p/tornado-cash-founders-charged-with?r=1px4pf&utm_campaign=post&utm_medium=web
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In this episode of LexLine we discussed The United States District Court for the Western District of Texas granted the government’s motion for summary judgment in the Tornado Cash case. See Joseph Van Loon, et. al. v. Department of Treasury. The ruling addressed Plaintiff’s complaint alleging that the taking down of Tornado Cash violated the First, Fourth, and a Fifth Amendments to the United States Constitution. https://open.substack.com/pub/defidefenders/p/implications-of-the-tornado-cash?r=1px4pf&utm_campaign=post&utm_medium=web
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On this episode of LexLine we discussed an amicus brief filed by a group of distinguished law professors and scholars who are stalwarts in the field of securities law and related areas filed an amicus brief in support of Coinbase’s position. https://open.substack.com/pub/defidefenders/p/respected-legal-scholars-file-amicus?r=1px4pf&utm_campaign=post&utm_medium=web
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In this episode of LexLine we discussed a recent NFT bod trade on the Blur marketplace. The trader Tweeted that he caught a bot shadowing his Blur NFT bids. The trader then made 12 Azuki NFTs available for bid on Blur. The bidder then placed bids on those same NFT assets he already owned to allegedly lure the bot into copying his moves. The bot took the bait and made 50 ETH bids on each of the 12 Azuki NFTs. In the end, the trader accepted the bot’s bids and made a gain of 800 ETH, or US$1.5 million. https://open.substack.com/pub/cryptocriminaldefenselawyer/p/outsmarting-bots-game-theory-or-market?r=1px4pf&utm_campaign=post&utm_medium=web
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On this episode of LexLine we discuss Coinbase's motion to dismiss the SEC case under Federal Rule of Civil Procedure 12(c)—stating that the SEC's complaint doesn't contain sufficient factual matter to state a plausible claim. https://open.substack.com/pub/cryptocriminaldefenselawyer/p/coinbase-files-brief-asking-court?r=1px4pf&utm_campaign=post&utm_medium=web
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On this episode of LexLine, we discuss the SEC's lawsuit filed against Hex charging misuse of investor funds.
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What Lessons From U.S. history Can Help Inform and Predict Future Outcomes for Crypto Regulation? Thinking a lot lately about how crypto depends on the law to survive, yet is also in constant conflict with the people making those laws. And, what if any lessons from U.S. history can we draw on to help predict the outcome of all this?Cryptocurrency and blockchain technology today can be seen as being in a similar situation as other disruptive technologies in the past—including the mass adoption of railroads, telegraphs, and the internet. Each of these technologies transformed society and economies in their own unique ways and led to the passage of new regulations and policies by law makers that worked to manage and temper their impact.
Also, digital artis The Sandman (Joe Mangrum) joined us to discuss an amazing new art show he's co-curating in New York. Check out the link for more! https://askforarts.org/event/nft-art-show/
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