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Blockchain 2.0: 2021 Legal & Regulatory Developments


Speaker(s): Charles M. Post, Dror Futter, Jennifer Van Blargan Hanley, Joshua Ashley Klayman, Lewis Cohen, Marc S. Kaufman, Ron Quaranta, Ryan Babiak, Stuart D. Levi
Recorded on: Oct. 1, 2021
PLI Program #: 305913

Joshua Ashley Klayman is the firm’s U.S. Head of Fintech and Head 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.


Co-founder of DLx Law, a law firm created to serve the needs of a new, technology-driven economy.  Lewis works together with co-founder Angela Angelovska-Wilson and the rest of the DLx Law team to provide in-depth legal counsel to startups, growth companies, major enterprises, and governmental entities on a broad range of matters involving the use of blockchain, cryptocurrencies and other disruptive technologies.  Passionate about the ability of innovative technologies to change the way businesses and individuals work together, Lewis has become a major advocate for potential of emerging technologies to benefit and transform industries around the globe.

Lewis brings more than 20 years of experience as a traditional capital markets and finance partner at two Global Top 50 law firms.  Lewis is a frequent public speaker on the topic of blockchain and distributed ledger technology.  Lewis served on the Board and Executive Committee of the Structured Finance Industry Group (SFIG).  Lewis is also recognized by Chambers Global as one of only three lawyers in “Band 1” for Legal: Blockchain & Cryptocurrencies – USA.


 


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 is executive vice president at Compliance where he leads the next generation contract analytics and lifecycle management business.  For over a decade, Charles has been a legal tech authority on utilizing emerging technologies, such as artificial intelligence and machine learning to tackle the legal industry’s most complex contract data issues.   At Compliance, Charles is leveraging a robust eDiscovery infrastructure and capabilities to provide clients with a first-of-its kind contract analytics and lifecycle management offering.  He provides revolutionary contract solutions by pioneering the convergence of eDiscovery and contract analytics. Previously, Charles built and led the document intelligence practice at JDX Consulting, and prior to that he was in-house managing counsel at BNY Mellon where he led one of the most complex contract analytics programs to-date.  His unique experience is anchored in advising businesses on practically implementing contract analytics and contract lifecycle management projects and standing up digital capabilities including other technologies such as blockchain, and smart contracts. Charles is a widely recognized industry leader, frequent speaker, moderator, and author for a host of financial services industry forums and publications. He co-founded and launched the Risk Management Association’s (RMA) “Financial Technology and Automation Committee” and is an active member of the Securities Industry and Financial Markets Association (SIFMA) and the International Swaps and Derivatives Association (ISDA). Charles received his bachelor’s degree from Binghamton University and earned a Juris Doctor from New York Law School.


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


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.