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Trends in Blockchain Litigation


Speaker(s): Daniel M. Payne
Recorded on: Jan. 29, 2020
PLI Program #: 294103

Mr. Payne’s practice focuses on serving financial services firms and public companies facing civil litigation and regulatory enforcement matters, as well as counseling clients on compliance with industry regulations.  He handles all aspects of complex commercial litigation, from presuit investigations and counseling to motions practice and discovery.  Additionally, he regularly represents companies facing investigations initiated by various state and federal regulatory agencies, including the SEC and FINRA.  

Mr. Payne also advises companies of all stripes concerning the emergent regulatory structure surrounding cryptocurrencies and new applications built on blockchain technology.  Such advice is critical with the number of companies launching Initial Coin Offerings and facing enforcement actions and civil litigation.  

Mr. Payne has defended mortgage originators and RMBS sponsors in litigation and government investigation spawned by the 2008 financial crisis.  The team had numerous big wins, including the dismissal of monoline bond insurer plaintiffs from a $1.8B lawsuit, favorable settlements, and protection of sensitive client information in discovery. Mr. Payne was also part of the team handling a non-MBS commercial case that resulted in a jury verdict in the client’s favor on all claims after a five-day trial.  

Mr. Payne represented a client in state and federal court litigation stemming from its role in a merger in which the bank did not incur any liability.  His other recent matters include advising a client on its SEC compliance policies, representing a client in a multi-million dollar mediation, and advising a client on potential litigation relating to a six billion dollar transaction.  

Mr. Payne organized the 2014 Richmond Crowdfunding Symposium.  The Symposium presented experts discussing the legal, regulatory, and business impacts of the SEC’s proposed Regulation Crowdfunding.