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201 episodes
Language
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Jacob RobinsonExplicit
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Date created
2021/07/26
Latest episode
2026/10/26
Average duration
79 min.
Release period
11 days
Description
Discussions with regulators, top lawyers and entrepreneurs about the legal framework for blockchain technology. We look at international regulations, trends, and jurisprudence impacting crypto and its related parts.
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Interview: Blockchains & the Bank Secrecy Act, with Rebecca Rettig, Omid Malekan and Michael Mosier
2026/10/26
Can traditional financial institutions use permissionless blockchains without being offside of the Bank Secrecy Act?
What happens if a bank unknowingly pays a fee to a sanctioned validator?
By the end of this episode, you'll understand the history of the Bank Secrecy Act, how OFAC actually enforces sanctions and a new paper's nine-part framework for how banks can use public blockchains and stay compliant.
You'll hear from the paper's three co-authors:
Rebecca Rettig (Chief Operating Officer and Chief Legal Officer of Jito Labs, of counsel at Arktouros)Omid Malekan (adjunct professor at Columbia Business School) and Michael Mosier (co-founder of Arktouros and former acting director of FinCEN).
This episode is presented by Altitude, visit https://altitude.xyz/law to learn more about their global payments platform.
Timestamps:
0:00 Intro
3:24 Problems they see
5:39 The router principle
7:13 What permissionless systems get right
11:28 Lessons from the open internet
14:23 Credible neutrality
19:20 A brief history of the BSA
23:55 What OFAC enforcement looks for
26:16 Treasury, Iran and open networks
28:29 The SEC's innovation exemption
34:03 Compliance belongs at the app layer
37:04 "The government will never allow it"
39:39 The paper's nine-part framework
44:12 Network layer vs. transaction layer
46:28 The $50,000 canoe
48:02 Safety, soundness and final settlement
50:29 Why this matters for national security
51:27 Privacy
58:07 What this means for DeFi
Thank you to Cahill Gordon & Reindel for sponsoring this podcast.
Thank you as well to the Solana Policy Institute, the Hyperliquid Policy Center and the Decentralization Research Center for supporting the podcast.
The full paper is here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7343938.
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#211 - Is AI Distillation Illegal?
2026/10/04
Anthropic calls some AI distillation illicit. But is distillation illegal?
The answer may depend less on what you do with AI outputs than on how you accessed them.
This episode is a deep dive into how courts might rule. We cover X v. Bright Data, what OpenAI's and Anthropic's terms say about who owns AI outputs, why Anthropic's own fair use arguments could be turned against it and what the labs will likely do next.
Thank you to the presenting sponsor of this episode, Altitude. Visit altitude.xyz/law to learn more about their payments platform.
You'll hear from the three Variant co-authors of one of the sharpest papers on the topic:
Daniel Barabander, investment partner and chief legal officer at VariantSabina Beleuz, deputy general counsel at VariantElijah Fox, investor at VariantRead their article here: https://variant.fund/articles/license-distill-law-distillation-anthropic/.
Timestamps:
0:00 What is distillation?
1:52 Intro
3:01 Why distillation matters
5:44 X v. Bright Data
7:50 Access vs. selling
10:40 Copyright preemption
11:25 Why X doesn't own your posts
13:49 From scraping to distillation
16:12 Who owns AI outputs?
19:38 Is all distillation illicit?
24:10 Anthropic's fair use problem
25:05 Bartz v. Anthropic
26:42 Predictions
28:41 Distilling the distillers
29:21 Selling services, not tokens
32:34 Antitrust
37:06 Tech moves exponentially, law sublinearly
40:47 Humans, AI and personhood
45:15 Final thoughts
Thank you as well to the other sponsors of this episode: Cahill Gordon & Reindel, the Solana Policy Institute, the Hyperliquid Policy Center and the Decentralization Research Center.
To get in touch with the Cahill team about how any issues discussed in this episode apply to your situation, email [email protected].
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#210 - Cyber Letters of Marque
2026/09/22
Cybercrime costs Americans an estimated $200 billion a year, and AI is supercharging it. The U.S. government's newest response is one of the oldest tools in the Constitution, one Congress hasn't used since the War of 1812.
This episode covers letters of marque and privateers: their role in the American Revolution, how prize courts and bonds kept privateers from becoming pirates, and the White House memo that trends toward implementing a modern version for cyberspace.
Sponsors:
This episode is presented by Altitude, visit altitude.xyz/law to learn more about their global payments platform.
Sponsors also include: The law firm Cahill Gordon & Reindel. Cahill is hosting Confluence 2026, its flagship emerging tech conference, in New York City on September 24, 2026. You can apply to attend here: https://www.cahill.com/confluence2026.
Thank you as well to the Solana Policy Institute and the Hyperliquid Policy Center for supporting the podcast.
Guests:
Chris Perkins (President of Franklin Crypto at Franklin Templeton, Naval Academy graduate and Marine Corps veteran)Ari Redbord (Global Head of Policy at TRM Labs and former federal prosecutor)Michael Coates (CISO of the Solana Foundation and previously Twitter's first CISO)Camelia Lopez Shoemaker (Holland & Knight, former DOJ)Nelson Rosario (Rosario Tech Law)
Timestamps:
(0:00) The $200 billion problem
(2:16) The Model T and the FBI
(4:18) Pig butchering
(7:03) History
(7:50) The high seas and the internet
(8:30) Marque vs. reprisal
(11:35) American Revolution
(14:08) Building a (private) navy
(17:25) The Constitution
(18:40) The Paris Declaration
(20:34) Pirates or privateers?
(22:12) The five-part system
(22:40) Why government can't scale
(23:30) The Fourth Amendment
(25:26) Suspicious Activity Reports
(28:23) Recent memorandum
(30:40) The bond
(32:34) The blockchain
(33:49) Latest from U.S. gov't
(34:56) The attribution problem
(36:30) Who's involved today?
(37:49) The Beacon Network
(39:16) Pre-clearance and due process
(41:10) Reporting cybercrime
(44:26) International law
This should be the internet's best explainer on letters of marque. You don't need to be a lawyer, historian or security expert to follow along.
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#209 - Vaults
2026/09/08
Vaults might be finance's next trillion-dollar opportunity. But what are they? How do they work? What regulation might apply?
You'll hear from the creator of crypto vaults, Andre Cronje (Flying Tulip, Yearn), alongside builders Adrian Cachinero Vasiljevic (Steakhouse Financial) and Charles St. Louis (Ethereum Foundation).
You'll also hear from SEC Commissioner Hester Peirce and top lawyers Lewis Cohen (Cahill), Tuongvy Le (Veda Labs), Rodrigo Seira (Cooley) and Linda Jeng (Aave).
Thank you to the presenting sponsor of this episode, Altitude (altitude.xyz/law), a payments platform for the next generation.
This should be the internet's best podcast on vaults. You don't need to be a lawyer, developer or finance expert to follow along.
Timestamps:
(0:00) Intro
(4:27) What is a vault?
(9:34) History of onchain vaults
(11:55) The first vault, with Andre Cronje
(21:05) The SEC's early interest
(22:30) Investment contracts and Howey
(31:28) Notes and Reves
(37:10) The strategist
(48:54) The curator
(58:30) Investment company?
(1:12:40) Investment adviser?
(1:20:00) Separately managed accounts
(1:30:30) Custody rules
(1:55:43) What's next
Thank you as well to the law firm Cahill Gordon & Reindel for sponsoring this podcast. If you'd like to join Cahill's flagship emerging tech conference, Confluence, you can apply here: https://www.cahill.com/confluence2026.
Thank you as well to the Solana Policy Institute and the Hyperliquid Policy Center for supporting the podcast.
Nothing in this podcast is legal or investment advice.
Interview: SEC Commissioner Hester Peirce on Reg Crypto
2026/09/01
Commissioner Hester Peirce joins the podcast to discuss Regulation Crypto Assets, as well as secondary market trading, DePIN and vaults.
If you haven't listened to the full Reg Crypto explainer, that's episode 208.
This episode is presented by Altitude. Visit altitude.xyz/law to learn more about their financial operating system.
Timestamps:
0:00 Intro
2:22 Secondary transactions
3:23 Promises and representations
5:05 Essential managerial efforts
8:27 Regulatory arbitrage
10:29 Form TR
16:59 Existing token projects and Form TR
18:27 Compliance costs
21:48 Secondary markets
24:12 DePIN
27:02 Vaults
35:31 Accredited investors
40:25 Tokens and equity
Thank you to the other sponsors of this episode: Cahill Gordon & Reindel, the Solana Policy Institute and the Hyperliquid Policy Center.
On Thursday, September 24, 2026, CahillNXT will host Confluence 2026, its flagship conference, in New York City.
This year's theme, Leading the NXT Frontier, brings together regulators, institutional investors, founders, policymakers and industry leaders to examine digital assets, market structure, regulation and the emerging technologies transforming financial markets.
To register your interest, email [email protected].
Newsletter: Stay updated on emerging tech law for free at lawofcode.fm.
Any feedback on this episode? Or how to improve the podcast? Click here: https://forms.gle/yFFN66e8iy8shQkAA
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Commissioner Peirce's views are her own and do not necessarily represent those of the SEC or her fellow Commissioners. Listening to this podcast does not create an attorney-client relationship.
Interview: The GRANITE Act, explained by Preston Byrne
2026/08/28
The GRANITE Act is a two-and-a-half-page bill designed to stop foreign governments from censoring Americans online.
Preston Byrne, the Managing Partner at Byrne & Storm, has spent over a decade advising tech companies on free speech questions. His work was instrumental in the introduction of the GRANITE Act in the U.S. House of Representatives on August 27, 2026.
Timestamps:
0:00 Intro
2:10 How foreign governments censor Americans
3:34 The origins of sovereign immunity
6:40 197 demands, 4 refusals
8:58 Sovereign immunity in the courts
10:58 The GRANITE Act shield
12:37 The GRANITE Act sword
17:20 Where GRANITE stands in the states, House and Senate
This episode is presented by Altitude. Visit altitude.xyz/law to understand why.
Thank you to the other sponsors of this episode: Cahill Gordon & Reindel, the Solana Policy Institute and the Hyperliquid Policy Center.
Preston's Blog Post: https://prestonbyrne.com/2026/08/28/rulligranite/
GRANITE Act: https://www.congress.gov/bill/119th-congress/house-bill/10174/text?s=1&r=1&hl=granite
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#208 - Reg Crypto
2026/08/25
What is Regulation Crypto Assets? An SEC-led rule proposal that allows projects to raise capital in the U.S. by selling tokens. That's the short answer.
The long answer is this podcast. By the end of this episode, you'll understand why these rules were needed, what they say and what could still be tweaked before they become law.
This episode is presented by Altitude, visit altitude.xyz/law to learn more about their financial operating system.
You'll hear from leading lawyers, almost all of whom are cited in the footnotes of the SEC's own proposal:
Lewis Cohen, partner at Cahill Gordon & ReindelSarah Brennan, general counsel at Delphi DigitalGabe Shapiro, co-founder and CEO of MetaLeXRodrigo Seira, partner at CooleyMiles Jennings, general counsel at a16z cryptoAndrew Hinkes, partner at Winston Taylor
Timestamps:
0:00 Intro
4:17 How we got here
6:53 Solving two problems
10:21 Reg A, Reg CF and Reg D
12:10 Five subparts of Reg Crypto
14:12 Who will use these?
18:08 The Startup Exemption
19:35 Rule 103 disclosures
21:03 LBRY and silence
30:14 Secondary markets and Telegram
34:13 The Fundraising Exemption
42:21 Why Reg A and Reg CF failed
48:14 Rule 400: Exit
50:23 Third-party problems
57:34 Under-promising
1:02:08 Essential managerial efforts
1:12:09 The state of crypto
1:15:13 State law questions
1:20:37 What's next?
Thank you to the sponsors of this episode: Cahill Gordon & Reindel, the Solana Policy Institute and the Hyperliquid Policy Center.
To get in touch with the Cahill team about how any issues discussed in this episode apply to your situation, email [email protected].
Newsletter: Stay updated on emerging tech law for free at lawofcode.fm.
Any feedback on this episode? Or how to improve the podcast? Click here: https://forms.gle/yFFN66e8iy8shQkAA.
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
Interview: OSC CEO Grant Vingoe on Crypto in Canada, Part II
2026/08/10
Grant Vingoe is the CEO of the Ontario Securities Commission, Canada's largest securities regulator.
Grant explains Canada's approach to crypto and why he sees a careful, incremental approach as a strength.
Law of Code is presented by Altitude, visit https://altitude.xyz/law to learn why.
Timestamps:
0:00 Intro
0:55 From 30 years in New York to running the OSC
5:49 How the CSA and Canada's provincial regulators fit together
9:01 The crypto contract
12:34 Grant's first exposure to crypto
16:09 The gamification of financial markets and prediction markets
21:22 Making crypto safer for Canadians, from ETFs onward
26:30 Stablecoins
29:52 The Stablecoin Act and federal regulators
35:02 The $30,000 purchase limit
38:18 How industry can better engage regulators
45:02 Canada's brain drain question
50:34 Modernizing the regulation of public companies
54:17 Permissionless finance
1:01:13 Accredited investor rules
Thank you to our other sponsors:
McCarthy Tétrault LLP, with which I am co-hosting a Crypto in Canada event on August 12, 2026 in Toronto: https://luma.com/89qnrnah
Osler, Hoskin & Harcourt LLP: https://www.osler.com/en/expertise/services/digital-assets-and-blockchain/
Cahill Gordon & Reindel LLP: https://www.cahill.com/practices/litigation-digital-assets-and-emerging-technology
Solana Policy Institute: https://www.solanapolicyinstitute.org/
Hyperliquid Policy Center: https://hyperliquidpolicy.org/
Sign up for the free Law of Code newsletter at lawofcode.fm.
#207 - Crypto in Canada
2026/08/10
How does Canada regulate crypto? This podcast answers that in less than 60 minutes.
You'll hear from Grant Vingoe, CEO of the OSC, Eric Richmond, CEO of Coinbase Canada, the Bank of Canada's Anne Butler, McCarthy's Lori Stein, Osler's Matt Burgoyne, Evan Thomas, Dr. Ryan Clements of the ASC and Blair Wiley of Wealthsimple.
Law of Code is presented by Altitude, visit https://altitude.xyz/law to learn why.
Timestamps:
0:00 Intro
2:42 Tax
4:53 AML Rules
8:06 Securities
12:00 Investment contracts
16:13 Quadriga's collapse
23:00 The Crypto Contract
34:29 World's first Bitcoin ETF
38:23 Stablecoins
46:47 Where Canada could play offense: DeFi, perps and tokenization
52:53 The speed problem
Nothing in this podcast is legal or investment advice.
Thank you to our other sponsors:
McCarthy Tétrault LLP, with which I am co-hosting a Crypto in Canada event on August 12, 2026 in Toronto: https://luma.com/89qnrnah
Osler, Hoskin & Harcourt LLP: https://www.osler.com/en/expertise/services/digital-assets-and-blockchain/
Cahill Gordon & Reindel LLP: https://www.cahill.com/practices/litigation-digital-assets-and-emerging-technology
Solana Policy Institute: https://www.solanapolicyinstitute.org/
Hyperliquid Policy Center: https://hyperliquidpolicy.org/
Sign up for the free Law of Code newsletter at lawofcode.fm.
Interview: Legora's Kyle Poe on the Future of AI & Law Firms
2026/08/06
Kyle Poe is a former BigLaw partner and currently VP of Legal Innovation and Strategy at Legora, a legal AI startup valued at $5.6 billion.
Kyle explains why he sees a generational reordering happening in the legal profession, how firms are best institutionalizing partner knowledge as IP, and where the moat exists for lawyers as AI grows in ubiquity.
Law of Code is presented by Altitude, visit https://altitude.xyz/law to learn why.
Timestamps:
0:00 Intro
0:56 The billable hour and the incentive problem inside firms
2:36 Institutionalizing partner knowledge as firm IP
4:02 Why partner buyouts are accelerating
5:56 Why AI is different from the internet and email
9:31 How top firms are operationalizing AI
12:35 Building innovation teams from the top down
14:37 More lawyers or fewer? The future of demand
19:20 Grinders, minders and finders
22:10 What lawyers should be asking about AI
25:13 Legora's moat
Thank you to our other sponsors:
Cahill Gordon & Reindel LLP: https://www.cahill.com/practices/litigation-digital-assets-and-emerging-technology
Solana Policy Institute: https://www.solanapolicyinstitute.org/
Hyperliquid Policy Center: https://hyperliquidpolicy.org/
Sign up for the free Law of Code newsletter at lawofcode.fm.
#206 - How lawyers are using AI in 2026
2026/07/27
By the end of this episode, you'll understand how lawyers are actually AI maxxing in 2026, and how you can, too.
Timestamps:
0:00 Intro
1:58 Why it's the best time to be a lawyer
3:03 Hallucinations and cognitive surrender
5:33 Quality over efficiency
8:13 Why AI upends legal work
15:20 60% of contracts filed to EDGAR have mistakes
20:04 How LLMs actually work
25:59 Zero data retention, explained
29:16 The privacy risk beyond training
39:16 How to prompt
47:03 Michael Showalter's AI-native litigation stack
55:27 Spellbook's Compare to Market Feature
1:03:10 Building a regulatory agent
1:09:50 The judgment crisis for junior lawyers
1:12:15 Cooley's AI training method
You'll hear from 10 people at the cutting edge of legal AI:
Zack Shapiro, Founder and Managing Partner at Rains LLPMolly Abraham, General Counsel at CoinbaseSujit Raman, Chief Legal Officer at TRM LabsMichael Showalter, Founder of Showalter PLLCErich Dylus, attorney, programmer and creator of CamoTextAaron Kelly, General Counsel and open source AI expertDavid Wang, Chief Innovation Officer at CooleyScott Stevenson, CEO of SpellbookJustin McCallon, CEO of StrongSuitSamson Enzer, Partner at Cahill Gordon & Reindel
This episode is presented by Altitude, visit altitude.xyz/law to learn more about their financial operating system.
Newsletter: Stay updated on emerging tech law for free at lawofcode.fm.
Any feedback on this episode? Or how to improve the podcast? Click here: https://docs.google.com/forms/d/1QAcE1sQAKZIkma20DbyB5frgKdiK8UB6Fkb6CwaVP1I/edit
Sponsors: Thank you to the Hyperliquid Policy Center and Solana Policy Institute for supporting this podcast.
To get in touch with the Cahill team about how any issues discussed in this episode apply to your situation, email [email protected].
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#205 - Software & Free Speech
2026/07/13
When should software lose free speech protections?
This podcast covers software and the First Amendment, tracing the history from Cold War export controls to recent restrictions on advanced AI models.
My goal: the internet's most comprehensive explainer on speech and code, from cryptography to cryptocurrency to AI.
In this episode, you'll hear from leading experts on the legal layer of software and free speech:
Peter Van Valkenburgh, Executive Director at Coin CenterLaz Pieper, Director of Research at Coin CenterEugene Volokh, First Amendment scholar and Fellow at the Hoover InstitutionJane Bambauer, Brechner Eminent Scholar at the University of FloridaPreston Byrne, Managing Partner at Byrne & StormSam Enzer, partner at Cahill Gordon & Reindel and co-chair of CahillNXTBy the end of this episode, I promise you'll be in the top percentile for understanding when code is protected speech, regardless of where you're starting from. (You just might need to listen twice. There's a lot here.)
This episode is presented by Altitude, visit Altitude.xyz/law to learn more about their financial operating system.
Timestamps:
0:00 Anthropic AI export controls
6:17 Introduction
9:39 Reading the First Amendment
10:38 Eugene Volokh on his First Amendment philosophy
13:42 The machine gun sculpture: speech vs function
19:24 Peter Van Valkenburgh interview
25:50 The Cold War, munitions list and Phil Zimmermann
29:57 The Bernstein case
34:53 Strict scrutiny
38:48 The Corley case
49:17 Sorrell, Stevens and where the Supreme Court is heading
53:25 Preston Byrne on the Supreme Court's AI case
57:23 Defense Distributed and 3D-printing
1:04:00 Where publication ends and professional conduct begins
1:15:20 Lowe v. SEC and the agency line
1:45:45 Compelled speech, the IRS broker rule and tobacco labels
2:04:17 Laz Pieper on Sorrell and third-party liability
2:11:29 Preston Byrne on the GRANITE Act and foreign censorship
Newsletter: Stay updated on emerging tech law for free at lawofcode.fm. https://www.lawofcode.fm/
Any feedback on this episode? Or how to improve the podcast? Click here. https://forms.gle/W4d2a5aHuLJjuNdn7
Sponsors: Thank you to the Hyperliquid Policy Center and Solana Policy Institute for supporting this podcast.
To get in touch with the Cahill team about how any issues discussed in this episode apply to your situation, email [email protected]. Subscribe to Cahill's free client alerts on digital assets and emerging technology at https://www.cahill.com/news/index?search=1&practice=litigation-digital-assets-and-emerging-technology.
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#204 - Prediction Markets
2026/06/30
Prediction markets are a multi-billion dollar industry, led by companies like Kalshi and Polymarket. They are also controversial. Some want them banned and believe they are operating illegally, while others see them as invaluable truth-seeking markets.
This podcast is a multi-hour deep dive on prediction markets, starting from conclave betting in 15th century Rome to the CFTC's proposed rulemaking on Rule 40.11 earlier this month.
My goal: The internet's most comprehensive explainer on prediction markets.
By the end of this episode, I promise you'll be in the top percentile for understanding prediction markets, regardless of where you're starting from. (You just might need to listen twice. There's a lot here.)
Timestamps:
0:00 Intro
1:40 16th century papal betting (Koleman Strumpf)
11:13 Insider trading rules on prediction markets (Bobby DeNault)
16:20 The Google search insider case and Rule 180.1 (Sam Enzer)
27:38 Why prediction markets matter (Chris Giancarlo)
33:20 Election betting in America38:35 Iowa Electronic Markets and the 1992 no-action letter
45:56 Dodd-Frank, swaps and the Special Rule
48:08 Senator Lincoln on Super Bowl and Derby contracts
55:49 Parlays as swaps (Josh Sterling)
1:01:23 CFTC's exclusive jurisdiction (Thania Charmani)
1:07:30 Perspective on the CFTC's NPRM (Michael Passalacqua)
1:14:55 Exceptions that swallow the rule (Paul Grewal)
1:27:25 How prediction markets actually work
1:36:05 Kalshi's probability-weighted fee structure
1:38:18 Cardi B and the resolution problem (Dustin Gouker)
1:45:05 Oracles, UMA and decentralized resolution (Jeff Amico)
1:51:55 Inside the Ninth Circuit case
2:07:49 The CFTC's June 2026 proposed rulemaking (Brad Bourque, Stefan Schropp)
2:19:06 Kalshi's landmark 2024 win
2:23:05 PASPA, Murphy v. NCAA (Daniel Wallach)
2:45:14 The case against banning prediction markets (Bobby DeNault)
Newsletter: Stay updated on emerging tech law for free at lawofcode.fm. https://www.lawofcode.fm/
Any feedback on this episode? Or how to improve the podcast? Click here. https://forms.gle/W4d2a5aHuLJjuNdn7
Sponsors: This episode is sponsored by Cahill Gordon & Reindel, the Hyperliquid Policy Center, and the Solana Policy Institute. To get in touch with the Cahill team about how the issues discussed in this episode apply to your situation, email [email protected]. Subscribe to Cahill's free client alerts on digital assets and emerging technology at https://www.cahill.com/news/index?search=1&practice=litigation-digital-assets-and-emerging-technology.
In this episode, you'll hear from the world's leading experts on the legal layer of prediction markets:
Josh Sterling, partner at MillbankBobby DeNault, Head of Enforcement at KalshiChris Giancarlo, former Chairman of the CFTCDaniel Wallach, founder of Wallach Legal LLCStefan Schropp, Senior Regulatory Counsel at ParadigmSam Enzer, partner at Cahill Gordon & Reindel and co-chair of CahillNXTPaul Grewal, Chief Legal Officer at CoinbaseKoleman Strumpf, economics professor at Wake ForestBrad Bourque, Policy Counsel at Hyperliquid Policy CenterThania Charmani, partner at Winston & TaylorMichael Passalacqua, Senior Advisor to CFTC Chairman SeligJeff Amico, Chief Operating Officer at GensynMatt Kalish, co-founder of DraftKings and CEO of HardscopeDustin Gouker, author of the Event Horizons newsletter
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#203 - How the SEC Writes Crypto Rules
2026/06/15
How do regulators actually write the rules for crypto? SEC Commissioner Hester Peirce and Taylor Lindman, Chief Counsel of the SEC's Crypto Task Force, take us inside the process, recorded at the SEC offices in Washington, D.C.
We cover CLARITY Act rulemaking, lessons from Dodd-Frank, principles-based regulation and navigating the risks of decentralized projects. If you want to understand how an agency like the SEC actually works, this episode is for you.
Timestamps:
0:00 Intro
1:20 Commissioner Peirce's philosophy on capital markets
5:04 Rulemaking at the SEC
6:48 The SEC's divisions, explained
8:27 How the Crypto Task Force is staffed
10:37 Lessons from Dodd-Frank
13:10 Legal artisans
15:15 The Clarity Act deadlines
18:55 Decentralized intermediaries
20:56 Principles-based vs prescriptive regulation
24:49 Tackling difficult crypto questions
26:23 Leveraging AI for data review
29:46 "Come in and register" under this SEC
33:50 SEC & CFTC collaboration
35:52 Re-engaging the crypto industry
40:00 Crypto Task Force & the Clarity Act
45:54 The SEC's non-crypto priorities
48:41 Avoiding another regulation-by-enforcement era
57:14 Thank you to Sam Enzer, Lewis Cohen and Cahill, plus a shoutout to Day One Law and Nick Pullman
Newsletter: I'm re-launching the Law of Code newsletter soon: you can stay updated on emerging tech law for free here: https://www.lawofcode.fm/
Any feedback on this episode? Or how to improve the podcast? Click here: https://forms.gle/W4d2a5aHuLJjuNdn7
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
#202 - Perps
2026/06/01
Over a trillion dollars worth of perps are traded every month, yet 99% people have never heard of them. Fewer understand how they work.
This podcast is a multi-hour deep dive on perps, starting from the history of grain futures in Chicago to a historic CFTC announcement on Friday, May 29, 2026.
My goal: The internet's most comprehensive explainer on perps.
In this episode, you'll hear from the world's leading experts on the legal layer of perps:
Hyperliquid Policy Center CEO Jake Chervinsky and policy counsel Brad Bourque BrettHarrison, CEO of ArchitectKatherine Kirkpatrick Bos, general counsel of StarkWareRyne Miller, partner at Morrison FoersterMike Frisch, partner at Croke Fairchild David Shafer, lawyer at CoinbaseBy the end of this episode, I promise you'll be in the top percentile for understanding perps, regardless of where you're starting from. (You just might need to listen twice. There's a lot here.)
Timestamps:
0:00 Intro
4:04 What is a perp?
7:18 Why futures contracts exist
8:15 Liquidity fragmentation
11:01 History of U.S. futures
17:08 Richard Nixon, the gold standard and financial futures
21:27 Birth of the CFTC
24:27 Robert Shiller's 1992 paper
30:09 Price convergence
32:00 The funding rate
43:41 Oracles and manipulation risk
47:39 Are perps swaps or futures?
52:44 A @ChairmanSelig clip on perps
54:02 The DCM framework
59:16 DCMs, DCOs and FCMs explained
1:04:55 History of crypto perps (BitMEX, FTX)
1:13:00 How Hyperliquid works
1:25:41 CFTC's historic announcements on May 29, 2026
1:35:00 Fireside with @jchervinsky and @BradBourque of @HyperliquidPC
Newsletter: I'm re-launching the Law of Code newsletter soon: you can stay updated on emerging tech law for free here. https://www.lawofcode.fm/
Any feedback on this episode? Or how to improve the podcast? Click here. https://forms.gle/W4d2a5aHuLJjuNdn7
Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
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B. Schifferdecker 2026/06/07
Deep and Intellectually Stimulating
Regardless of your profession, this show is a must. These shows are deep, engaging, and incredibly educational.
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This is seriously one of the best podcasts in the legal space right now. As a third year law student, I’ve learned more from listening to this podcast...
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I enjoy listening to Law of Code and especially found your podcast with Chris Giancarlo especially informative and thought provoking. Will tune in aga...
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Would highly recommend!
What a great show!
sashahodler 2022/02/12
Great show!
Thank you, Jacob!
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