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Blockchain 2.0: 2019 Legal & Regulatory Developments


Speaker(s): Aaron J. Wright, Adrienne Valencia Garcia, Amanda Brino, Andrea B. Tinianow, Charles M. Post, Dror Futter, Joshua Ashley Klayman, Lewis Cohen , Marc S. Kaufman, Ryan Babiak, Stuart D. Levi
Recorded on: Sep. 26, 2019
PLI Program #: 252020

Adrienne Valencia Garcia is currently IBM’s Chief Senior Counsel for Blockchain Solutions, a first-of-a-kind role created in April 2017 when she was completing a 3 year assignment in Latin America.  As Chief Counsel for Blockchain, Adrienne is the worldwide focal for all blockchain related engagements and oversees the global members of the law department who support blockchain transactions.  In this role, Adrienne has become a recognized leader in the space and sought-after speaker.

Adrienne joined IBM in June 2006 after practicing as a litigator in NYC for 10 years.  She was initially a member of the New York City Regional Counsel’s office doing client-facing transactional work.  From there she moved on to support the Open Infrastructure Offering team focusing on bundling huge hardware and software deals, including leading a $1B+ deal with a multinational financial institution.  In 2011, Adrienne joined the Public Sector Services team working on outsourcing deals for individual US states and health care companies.  Then in August 2014, she relocated to Mexico City to take on the role of Latin America’s Lead Counsel for IBM’s Global Consulting Services business and co-leader for IBM’s internal Latin America law department education efforts.

Adrienne holds a J.D. from Fordham University School of Law in NYC and is currently serving as a 2018 Leadership Council for Legal Diversity (LCLD) Fellow. 

 


Andrea Tinianow has been dubbed the Blockchain Czarina for her role in bringing blockchain to Delaware and securing the First State’s imprimatur on the nascent technology during her tenure as Director of Global Delaware.

Andrea harnessed her passion for making connections to create Connector Street, a free networking app that allows users to make and receive introductions quickly, easily and securely.

Andrea is the founder of Tinianow Consulting LLC, a globally-recognized boutique consultancy.  Andrea works with clientele to reimagine and elevate their organizations, identifying new revenue streams and creating strategies that leverage disruptive and cutting-edge technologies, such as blockchain.

Andrea is on the Advisory Board of the Wall Street Blockchain Alliance and the founding chairperson of its Enterprise Solutions Working Group. She is a frequent contributor to Forbes.com. MarketsMedia awarded Andrea its “Women in Finance Award” for Excellence in Blockchain.

In 2014, the Markell Administration recruited Andrea to launch the Division of Corporate and International Development for the State of Delaware. The following year, she founded the Delaware Blockchain Initiative (DBI), the first of its kind blockchain endeavor designed to deploy blockchain technology in government and enact blockchain-friendly legislation. The DBI gave rise to the “Blockchain Amendments” to Delaware’s General Corporation Law which authorize corporations to maintain their corporate records, including stock ledgers, on a blockchain.

Andrea received her undergraduate degree from Brown University. She attended Delaware Law School, graduating magna cum laude, after a successful career in marketing. Following her clerkship for (former) Chancellor William Chandler III, of the Court of Chancery, Andrea joined the Wilmington office of Pepper Hamilton and represented clients in litigation. A few years later, global corporate services company CSC invited Andrea to join as Assistant General Counsel. Andrea was subsequently promoted to the newly-created position of Vice President Business Development, where she specialized in creating new products and services

Follow @AndreaTinianow


Josh is the firm’s U.S. Head of FinTech and of Blockchain and Digital Assets. She is one of the best-known blockchain and cryptocurrency lawyers in the U.S. and globally, highly regarded for her extensive experience in, and deep knowledge of, blockchain, smart contracts, and cryptocurrency matters, including initial coin offerings (ICOs)/digital token offerings.

Josh has represented or consulted to global technology companies, token sellers, cryptocurrency exchanges and relayers; venture, hedge, and private equity funds and their portfolio companies; token marketers and broker-dealers; funds interested in trading digital assets; and major global investment banks, insurance companies, financial institutions and asset managers, among others.

By background, Josh is a finance and corporate lawyer. She spent over 10 years representing lenders and borrowers in leveraged finance and banking transactions and public and private organizations in a broad array of commercial transactions and corporate governance matters. Before joining Linklaters, Josh co-founded a blockchain and smart contracts group at a global law firm and set up her own boutique blockchain consultancy.


Ryan is a tax partner with 10 years of experience in public accounting. He specializes in accounting for income taxes, federal and multi-state income tax for both startup and multi-national business entities, equity-based compensation, and the U.S. international taxation.

Ryan works extensively in Withum’s Technology and Emerging Growth Services Group and is responsible for overseeing the tax planning and compliance process for companies in the firm’s technology and international practice areas.  He is also an active member of Withum’s Digital Currency and Blockchain Technology Team, and Corporation Tax and Accounting for Income Tax Teams.

After receiving his BS in Accounting from Ramapo College of New Jersey, Ryan received his Master of Accountancy, Taxation from Rutgers University. He is a licensed Certified Public Accountant in the State of New Jersey and a member of the American Institute of Certified Public Accountants (AICPA) and the New Jersey Society of Certified Public Accountants (NJCPA).


Charles Post, Managing Counsel and Director, is the head of Legal Data Management & Advisory at BNY Mellon, where he advises the enterprise on leveraging legal technology, including artificial intelligence, machine learning, contract analytics, smart contracts, contract generation and contract life-cycle management. Mr. Post focuses on strategically enhancing end-to-end business-as-usual process automation, advising on new products and services, and complying with new regulations. He helped lead the firm’s development of an enterprise artificial intelligent legal agreement repository and contract analytics platform. Previously, Mr. Post was a foreign exchange, derivatives and fixed income attorney for trading and corporate treasury.  


Mr. Levi has a broad and diverse practice that includes outsourcing transactions, technology and intellectual property licensing, privacy and cybersecurity advice, fintech and blockchain matters, branding and distribution agreements, cloud computing agreements, technology transfers, strategic alliances and joint ventures. His background in computer science, data privacy and the information technology industry allows Mr. Levi to understand the technology and business drivers underlying agreements and transactions in these areas.

Prior to joining Skadden, Mr. Levi was director of intellectual property for Reuters America Inc. and a vice president of Reuters NewMedia Inc. In these roles, he was responsible for all of Reuters’ technology and intellectual property matters. He also negotiated Reuters’ early stage investments in Yahoo!, Infoseek and Sportsline.

Mr. Levi has written and spoken on numerous outsourcing, privacy, technology and intellectual property issues, and each year he co-chairs the Practising Law Institute’s Open Source Institute. He was selected as a member of Law360’s 2012 Privacy/Consumer Protection Editorial Advisory Board. Mr. Levi has been named by Chambers USA as one of “America’s Leading Lawyers for Business” since 2004 and by Chambers Global as one of the “World’s Leading Lawyers for Business” in technology transactions each year since 2002. In 1999, he was selected by Crain’s New York Business for its list of “Forty Under Forty — New York’s Rising Stars,” where he was cited for his work in Internet law. In addition, Mr. Levi repeatedly has been selected for inclusion in The Best Lawyers in America for information technology law.

 


Aaron Wright is an expert in corporate and intellectual property law, with extensive experience in Internet and new technology issues. Before joining Cardozo's faculty, he sold a company to Wikia, the for-profit sister project of Wikipedia, where he ran Wikia’s New York office, served as General Counsel and Vice President of Product and Business Development, and helped build an open source search engine.   Wright has clerked for the Honorable William J. Martini of the U.S. District Court for the District of New Jersey and worked as an associate at several prominent New York law firms, including Patterson Belknap and Jenner & Block. He received his J.D. from the Benjamin N. Cardozo School of Law, where he served as the editor-in-chief of the Cardozo Law Review.  He has a forthcoming book about blockchain technology and the law (co-authored with Primavera De Filippi) that will be published by Harvard University Press.


Amanda is a member of Accenture’s Legal Sales and Delivery team providing counsel on large complex opportunities in the areas of healthcare and public service, particularly concentrating on offerings that leverage new technologies such as blockchain, AI, and analytics.   She is the Legal Lead for healthcare provider engagements in the United States and Legal Lead for Accenture’s Health and Public Service clients in the Southeastern United States.  

Amanda received a Bachelor of Science degree from the College of Human Ecology at Cornell University in 1999, and a Juris Doctor degree from Vanderbilt University School of Law in 2002. Prior to joining Accenture in 2013, Amanda was Corporate Counsel and the lead of the Legal Department at Quadramed Corporation.  

 


Dror Futter focuses his practice on startup and blockchain companies and their investors, and has worked with a wide range of technology companies. His fifteen years’ experience as in-house counsel included positions with Vidyo, Inc., a venture-backed videoconferencing company, and New Venture Partners, a venture fund focused on corporate spinouts. Prior to that, Mr. Futter was Counsel to the CIO of Lucent Technologies, as well as supporting parts of its sourcing organization.

Mr. Futter’s practice has three main focus areas:

Venture Finance/Corporate 
Mr. Futter has represented companies and venture funds in numerous equity and debt financing rounds, from early “friends and family” and Seed rounds to later-stage mezzanine financings, and has been on both sides of the table in these transactions. On the corporate side, he routinely handles corporate formations, employee equity plans and mergers and acquisitions. Mr. Futter has also been involved in over 40 corporate spinouts and understands the unique concerns of corporate venture investors.

Blockchain and Cryptocurrencies 
Mr. Futter advises clients with respect to legal developments in the rapidly developing blockchain and cryptocurrency spaces.   He has advised on ICO’s and has worked with consortia considering the issues involved in using permissioned blockchains to support supply chain record keeping.

Transactional IT & IP
Mr. Futter represents clients in a broad range of transactions, including: software licenses, SaaS Agreements, outsourcing agreements, development agreements, website terms and conditions, patent licenses, direct and indirect channel distribution agreements, services agreements, manufacturing agreements, and other supply chain agreements.

Mr. Futter serves on the Model Forms Drafting Group of the National Venture Capital Association, the legal advisory board of the Angel Capital Association and Legal Working Group of the Wall Street Blockchain Alliance. He is also a frequent speaker and writer on venture and blockchain related topics.  In addition, Mr. Futter is an Entrepreneur in Residence at the Stevens Venture Center of the Stevens Institute of Technology and a Mentor at Princeton University’s Keller Center.

Mr. Futter is a 1986 magna cum laude graduate of Princeton University and 1989 graduate of Columbia University School of Law. He also earned an Executive MBA in 1999 from the American Electronics Association Executive Institute of Stanford University.

 


Marc Kaufman is a partner in the Intellectual Property Group in the Washington, D.C. office. He specializes in assisting clients in managing and monetizing their intellectual property assets. Marc has developed structured procedures for defining and executing intellectual property strategies that are aligned with overall business objectives. From procuring and enforcing rights in the United States and abroad to structuring and negotiating intellectual property transactions, Marc helps his clients achieve their objectives. Patent portfolios developed and managed by Marc have been widely licensed by major corporations. Marc often helps clients to sell patents that are no longer relevant to core objectives.

Marc's practice encompasses work in a wide variety of technical fields including content aggregation and targeting, digital rights management, database technology, document retrieval, search engine technology, and data mining. He has spoken across the country, authored several articles, and has been quoted in notable publications such as the New York Times with respect to a variety of intellectual property issues. For three years in a row, Intellectual Asset Management (IAM) magazine has named Marc to its IAM 250 - A Guide to the World's Leading IP Strategists.Marc has also been recognized by his clients in a Client Service All-Star national survey by the BTI Consulting Group, Inc., for his ability to understand client needs and deliver relevant, timely, and practical business and legal advice.


Experience
 2010 Reed Smith
 Nixon Peabody

Education
  J.D., The Catholic University of America, Columbus School of Law
  B.S., Boston University, Mechanical Engineering

Professional Admissions / Qualifications
 District of Columbia
 Pennsylvania
 U.S. Patent and Trademark Office


Lewis is co-founder of DLx Law LLP, a brand-new law firm designed from the ground up for a new economy.  Together with co-founder Angela Angelovska-Wilson, Lewis and the DLx team have handled a broad range of matters involving the use of blockchain and distributed ledger technology, working with everyone from start-ups to major enterprises to governmental entities.  

Lewis is a passionate advocate for the beneficial changes blockchain technology can bring to the world but also a realist in terms of the many legal and regulatory challenges involved in getting there.

Lewis obtained his J.D. from Benjamin N. Cardozo School of Law in 1986.