#146 - What’s new in U.S. crypto law, with Justin Wales
In this episode, Jacob Robinson is joined by Justin Wales (@bitcoin_wales), Head of Legal (Americas) at Crypto.com and author of The Crypto Legal Handbook. Sponsor: This episode is brought to you by Day One Law — a boutique law firm helping crypto startups navigate complex legal challenges. Visit https://www.dayonelaw.xyz/ to get in touch.With the release of the book’s second edition, Justin shares what’s new: from stablecoin legislation and state-level licensing regimes to AI’s intersection with crypto and the shifting regulatory tone under a new administration. We also discuss how legal frameworks are evolving, the risks of regulatory whiplash, and why meme coins, AI agents, and decentralized settlement are at the center of today’s legal debates.Timestamps:➡️ 00:00 Intro➡️ 00:46 Sponsor: Day One Law➡️ 02:00 Second Edition Highlights & Historical Context➡️ 04:00 State-Level Developments & Money Transmission Rules➡️ 06:00 Outlook on Stablecoin and Market Structure Legislation➡️ 08:00 How to Read the New Edition➡️ 10:00 Operation Chokepoint, Debanking & Tax Updates➡️ 11:30 The Rise of Meme Coins & Industry Disincentives➡️ 14:30 SEC Enforcement, Risk Appetite & Innovation➡️ 17:00 AI x Crypto: Communication, Trust & Open Protocols➡️ 20:00 Crypto's Place in Financial Infrastructure➡️ 22:30 Jurisdictional Competition & Market Pressure➡️ 25:00 The Cost of Fitting Crypto Into Legacy Systems➡️ 27:00 Global Posture Shift & Optimism for the Future➡️ 29:00 Final ThoughtsThe Crypto Legal Handbook: You can find it online for $30, here: https://thecryptolegalhandbook.com/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.
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#145 - Why crypto is a solution to a decades-old problem, with Tuongvy Le
If the law were truly “technology-neutral,” what would that look like in practice for a P2P securities transaction via smart contracts?In this episode, Jacob Robinson is joined by Tuongvy Le (@TuongvyLe12), who has served as General Counsel of Anchorage Digital, Partner and Head of Regulatory and Policy at Bain Capital Crypto, and Deputy GC and Compliance Officer at Worldcoin. She also spent almost six years at the SEC as Senior Counsel in the Division of Enforcement and Chief Counsel of the Legislative and Intergovernmental Affairs Office.Together, they discuss her recent Fortune article on why the SEC needs to take a hands-off approach to peer-to-peer transactions (link) and market structure history and regulation (link).Timestamps:➡️ 00:00 Intro➡️ 0:46 Sponsor: Day One Law➡️ 03:43 Peer-to-Peer Transactions: Analog vs. Digital➡️ 06:36 The Intersection of DeFi and Securities Law➡️ 12:40 Industry Self-Regulation and Best Practices➡️ 15:40 Understanding Market Structure: A Historical Context➡️ 24:31 Designing a New Market Structure for Crypto➡️ 32:25 The SEC's Evolving Stance on Crypto InnovationThis episode is brought to you by Day One Law — a boutique law firm helping crypto startups navigate complex legal challenges. Visit https://www.dayonelaw.xyz/ to get in touch.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.
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#144 - What SEC crypto disclosure guidance means for projects, with Dr. Chris Brummer
In this episode, Jacob Robinson is joined by Dr. Chris Brummer (@ChrisBrummerDr), Professor of Financial Technology at Georgetown Law and Founder & CEO of Bluprynt, an AI and blockchain-powered platform for automating regulatory disclosures. Together, they unpack the SEC’s recent statement: Offerings and Registrations of Securities in the Crypto Asset Markets — a document that some say could mark a paradigmatic shift in the agency’s approach to digital asset regulation. We also discuss his article on this guidance. Timestamps: ➡️ 00:00 Intro➡️ 0:46 Sponsor: Day One Law➡️ 01:37 What is Bluprynt?➡️ 07:32 Why this SEC guidance is timely and valuable➡️ 09:41 The SEC is paying down regulatory debt➡️ 16:03 Smart contract disclosures➡️ 18:40 The investment contract question➡️ 21:25 How projects can navigate this paradigm shiftThis episode is brought to you by Day One Law — a boutique law firm helping crypto startups navigate complex legal challenges. Visit https://www.dayonelaw.xyz/ to get in touch.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.
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#143 - The biggest legal risk facing crypto developers might be Section 1960, which Amanda Tuminelli explains
In this conversation, Jacob Robinson and Amanda Tuminelli, Executive Director of the DeFi Education Fund, delve into the criminal code provision punishing unlicensed money transmitting businesses, why this is relevant for developers of non-custodial crypto projects, and how a recent memo from the Department of Justice on ending “the regulatory weaponization against digital assets" might not have gone far enough.Timestamps: ➡️ 00:00 Intro➡️ 0:46 Sponsor: Day One Law➡️ 01:05 What is Section 1960 and how does it impact crypto developers➡️ 03:42 What case law tells us about Section 1960➡️ 06:11 How money transmitting and money service businesses are defined ➡️ 09:14 The DOJ's memo on ending regulation by enforcement against crypto➡️ 13:40 The charge at the heart of the Tornado Cash and Samurai Wallet cases➡️ 18:48 Tornado Cash sanctions and OFAC's delisting: Not exactly as advertisedThe DeFi Education Fund is hiring! You can learn more about their open positions here: https://www.defieducationfund.org/jobs-internships This episode of the Law of Code podcast is brought to you by Day One Law — a boutique corporate law firm founded by recurring guest (and friend of the show) Nick Pullman. Nick and his team at Day One provide strategic legal counsel to startups, crypto projects, and Web3 innovators. Visit https://www.dayonelaw.xyz/ get in touch. 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.
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#142 — Unpacking the SEC Statement on Stablecoins with Larry Florio
Jacob Robinson and Larry Florio delve into the SEC's recent statement on stablecoins and how SEC staff applied the Reves and Howey tests to determine whether stablecoins are considered securities. Show highlights:[2:00] What this statement means for lawyers[3:30] When stablecoins aren't securities[7:00] The platonic ideal of a stablecoin[11:00] Applying the Reves test to Covered Stablecoins[18:00] Applying the Howey test to Covered Stablecoins[25:00] The new-look SEC& 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.This episode of the Law of Code podcast is brought to you by Day One Law — a boutique corporate law firm founded by recurring guest (and friend of the show) Nick Pullman. Nick and his team at Day One provide strategic legal counsel to startups, crypto projects, and Web3 innovators. You can get in contact with them via this link.
Discussions about the legal framework for crypto. We’ll look at international regulations, trends and jurisprudence impacting this nascent technology.
You’ll hear from the top lawyers, lawmakers and entrepreneurs in the space, who share best practices and ideas on the ideal path forward.
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