News & Analysis as of

Decentralized Autonomous Organization (DAO)

Fenwick & West LLP

The Legal Landscape for DAOs: Key Lessons from Lido DAO and Ooki DAO

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As is the case with much of the blockchain industry, decentralized autonomous organizations (DAOs) are unique. The existence of a DAO does not necessarily imply the existence of a legal entity or an intent to share profits....more

Walkers

Multisig Purpose Trusts

Walkers on

In a remarkable evolution from its origins as a mere memecoin, Shiba Inu - now the 18th-largest cryptocurrency by market capitalisation, valued at an impressive US $8.8 billion - is on the cusp of a bold new chapter: the...more

Troutman Pepper Locke

Tornado Cash Whiplash – What’s Next for Sanctions?

Troutman Pepper Locke on

We find ourselves in the midst of a raucous debate among sanctions practitioners about the impact of the Fifth Circuit’s recent decision upholding a challenge against the sanctions the Office of Foreign Assets Control (OFAC)...more

Cooley LLP

Don’t Celebrate Just Yet – Potential Litigation Risks Under the Trump Administration

Cooley LLP on

The inauguration of President Donald J. Trump has been widely celebrated as the dawn of the first pro-crypto presidential administration – a dramatic shift from the Biden administration’s antagonistic stance on crypto. But...more

Carey Olsen

A guide to blockchain and cryptocurrency regulation 2025: Bermuda (GLI chapter)

Carey Olsen on

Regulatory clarity in the digital assets and crypto space continues to be a moving target. Yet, the interest among policymakers and regulators worldwide has never been more pronounced. In the United States, 2024 was a pivotal...more

Davis Wright Tremaine LLP

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: DAO can be Sued as a General Partnership; Token Holders Face Liability

A prior DAO Jungle Chronicles post here covered a 2023 federal District Court opinion from California’s Southern District holding that a complaint adequately alleged a DAO (in that case, bZx DAO) could be sued as a general...more

BCLP

Fifth Circuit Rules OFAC Cannot Sanction Tornado Cash: Loper Bright Hamstrings OFAC’s Campaign Against Crypto Laundering

BCLP on

Shortly before Thanksgiving, a panel of the United States Court of Appeals for the Fifth Circuit ruled that the Office of Foreign Assets Control (“OFAC”) did not have the authority to sanction Tornado Cash, which offers a...more

Bracewell LLP

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

Bracewell LLP on

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control...more

Allen Matkins

Is A DAO A General Partnership, Unincorporated Association, Or Nothing At All?

Allen Matkins on

According to the Securities and Exchange Commission, a DAO is a "term used to describe a 'virtual' organization embodied in computer code and executed on a distributed ledger or blockchain".  That does not answer the...more

Walkers

Cayman Islands Foundation Companies The Leading Vehicle for wrapping a DAO

Walkers on

Cayman Islands foundation companies ("FCs") remain the premier vehicle of choice for "wrapping" a Decentralised Autonomous Organisation ("DAO"). The FC structure balances the flexibility required for DAO operations with the...more

BakerHostetler

Victory for Tornado Cash as Court Rules Sanctions Were Unlawful

BakerHostetler on

On November 26, 2024, in a three-judge panel decision, Van Loon v. U.S. Department of the Treasury, the United States Court of Appeals for the Fifth Circuit (Court) reversed a Texas district court and held that immutable...more

Carey Olsen

Blockchain 2024 - Bermuda (Legal 500)

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Carey Olsen

The Legal 500 Country Comparative Guide Blockchain: Cayman

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Carey Olsen

Blockchain 2024: BVI (Legal 500)

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Seward & Kissel LLP

SEC Crypto Enforcement: Past and Future Tense

Seward & Kissel LLP on

There are some in the crypto community who—frustrated with the enforcement first approach of (outgoing) SEC Chair Gary S. Gensler—invested heavily to elect Donald J. Trump the 47th President of the United States. Was that a...more

BakerHostetler

Weekly Blockchain Blog - November 2024 #3

BakerHostetler on

Crypto Exchanges and Stablecoin Issuers Announce Multiple New Products - Multiple crypto sector companies have recently announced new products. In a press release, LayerZero, “an omnichain interoperability protocol that...more

Davis Wright Tremaine LLP

A New Prologue for Crypto – A Practical Analysis and Proposal in the Name of Efficiency and Sound Regulatory Policy

"The United States, with its history of welcoming innovators, has a large reserve of good will. In a country that ever aspires to improve with time, people are hopeful that bad policy approaches can change. This hope is not...more

Conyers

Developments in Disclosure Orders Against Decentralised Finance Projects

Conyers on

Cayman Foundation Companies are growing in popularity as a vehicle of choice for decentralised autonomous organisations (DAOs) to take on legal personality. In a landmark decision, the Hong Kong High Court recently...more

Braumiller Law Group, PLLC

Wyoming’s DUNA Law – A Legal Framework for Non-Profit DAOs and Open-Source Blockchain Networks - Hot Topics in International Trade...

Decentralized Autonomous Organizations (DAOs) are a novel form of governance for blockchain-based protocols. Unlike traditional companies or non-profits, DAOs are member-controlled organizations that operate without a central...more

BakerHostetler

Weekly Blockchain Blog - October 2024

BakerHostetler on

According to a recent press release by the banking cooperative that operates the world’s foremost global payment messaging network, central and commercial banks will soon be able to use the network “to carry out trial...more

Latham & Watkins LLP

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

Latham & Watkins LLP on

The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

Polsinelli

Blockchain+ Bi-Weekly: July 2024 #2

Polsinelli on

While the nation was preoccupied with the significant developments in the Presidential race, advocates and promoters of the blockchain ecosystem were particularly attentive to the news, given the perception that the current...more

Goodwin

DAOs in English law: another (but not final) step forward

Goodwin on

With so much focus on the regulatory treatment (and mistreatment) of blockchain related businesses, the benefits of commercial legal certainty for choosing a country or territory as a home of choice for these businesses is...more

Hogan Lovells

The Payments Newsletter including Digital Assets & Blockchain, July 2024

Hogan Lovells on

Key developments of interest over the last month include: the Bank of Italy’s communication on unauthorised payment transactions; the Reserve Bank of Australia’s announcement of an upcoming review into retail payments...more

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