Shows
CryptoCounselCrypto Advocacy in Action: A Conversation with Coinbase's Nick CardenIn this episode, Frank welcomes two distinguished guests: Nick Carden, Associate General Counsel at Coinbase, and Michael Toner, Chair of Wiley's Election Law and Government Ethics Practice. Together, they discuss the rollercoaster political atmosphere surrounding crypto, including the challenges of "regulation by enforcement" under the previous administration and the proactive steps the industry has taken for clearer regulatory frameworks. Tune in for a comprehensive look at the ever-evolving intersection of crypto and politics!2025-05-0736 min
CryptoCounselWelcome to CryptoCounsel 2.0!Welcome to CryptoCounsel 2.0! Frank is back, and he's brought some new friends into the fold. Meet Lauren Lerman, a regulatory lawyer who advises telecommunications and emerging technology clients, including in the AI and FinTech space, and Isaac Wyant, a white-collar and litigation attorney who focuses on government-adjacent litigation and crypto law. Together, they kick off this new iteration of the podcast with a bang!
In this episode, they break down the timeline of the Trump Administration's significant impact on the crypto landscape since taking office, highlighting key regulatory developments and implications for the industry. They also share insights from the 2025...2025-04-0338 minCryptoCounselWelcome to CryptoCounsel 2.0!Welcome to CryptoCounsel 2.0! Frank is back, and he's brought some new friends into the fold. Meet Lauren Lerman, a regulatory lawyer who advises telecommunications and emerging technology clients, including in the AI and FinTech space, and Isaac Wyant, a white-collar and litigation attorney who focuses on government-adjacent litigation and crypto law. Together, they kick off this new iteration of the podcast with a bang!
In this episode, they break down the timeline of the Trump Administration's significant impact on the crypto landscape since taking office, highlighting key regulatory developments and implications for the industry. They also share insights from the 2025...2025-04-0338 min
CryptoCounselUnderstanding European Crypto Regulation with Mike RomanenkoJoin Josh and Frank as they delve into the complexities of European crypto regulation with special guest Mike Romanenko, Chief Visionary Officer and Co-Founder of Kyrrex. They discuss the implications of the MiCA Regulation for the global crypto market and how Kyrrex is navigating this space to simplify crypto access for users worldwide. Josh and Frank also discuss Josh’s upcoming role at the U.S. State Department and how the podcast’s future will remain in good hands with Frank. Tune in for an insightful discussion on the future of crypto law and regulation.2025-02-2631 min
CryptoCounselUnveiling Crypto's Future with James Murphy, aka MetaLawManJoin Josh and Frank as they sit down with James Murphy, aka Meta Law Man, as he shares his journey from TradFi securities litigator to becoming a leading voice in crypto. In this episode, James discusses how his exploration into Bitcoin led him to pivot his law practice toward the crypto ecosystem and spurred his interest in the sector's burgeoning regulatory landscape. He also shares insights for how the new Congress and the SEC should approach digital assets. Tune in for a conversation that covers the intersection of law, regulation, and the latest crypto developments moving into 2025.2025-01-2844 min
CryptoCounsel2024 Crypto Year in ReviewJoin Josh and Frank on this special year-end episode of CryptoCounsel as they take a look back at the most significant developments in crypto law and regulation in 2024. From Bitcoin's incredible surge past $100,000 to the SEC's enforcement actions, this episode covers it all. Discover the key legal battles, regulatory changes, and political shifts that shaped the crypto landscape this year. Plus, you won't want to miss our predictions for the future of crypto in 2025!2024-12-1627 min
CryptoCounselA Conversation with SEC Commissioner Hester PeirceIn this episode of the CryptoCounsel, hosts Josh and Frank sit down with SEC Commissioner Hester Peirce to unpack the complexities of cryptocurrency regulation. Together they discuss the recent challenges of SEC regulatory actions and the SEC's potential role in fostering innovation going forward. Commissioner Peirce describes her vision for a more open dialogue between regulators and crypto entrepreneurs. With insights on legal enforcement, collaboration with global regulators, and the evolving landscape of digital assets, this episode offers a deep dive into the future of crypto policy in the United States.2024-11-1029 min
CryptoCounselCrypto & Consumer Protection: Insights from a Former FTC OfficialIn this episode of the CryptoCounsel, hosts Josh and Frank speak with Duane Pozza, a partner in Wiley's FTC Regulation and Privacy, Cyber & Data Governance practices and a former assistant director of the FTC's Bureau of Consumer Protection. Together they explore the latest trends in crypto enforcement, the role of the FTC, and the evolving landscape of consumer protection in the digital age. From the rise of meme coins to the complexities of Bitcoin ATM scams, Duane shares important insights and advice for navigating the intricacies of this expanding area of regulation.2024-10-1725 min
CryptoCounselCross-Border Digital Trade: Crypto in the Global MarketIn this episode of CryptoCounsel, hosts Josh and Frank speak with Greta Peisch, a partner in Wiley's International Trade and National Security practices. Together, they unpack Russia's use of cryptocurrency to evade sanctions and the evolving landscape of digital trade. Drawing from her experience in the U.S. Trade Representative's Office, Greta discusses blockchain's potential in supply chains, the regulatory challenges of crypto in trade agreements, and how digital trade policy might shift under different U.S. administrations, offering a glimpse into the future of blockchain in global commerce.2024-10-0330 min
CryptoCounselFrom Court to Code: Smart Contracts and ArbitrationIn this episode of the CryptoCounsel, hosts Josh Simmons and Frank Scaduto delve into smart contracts, blockchain, and cross-border disputes. They explain how blockchain technology can execute contract terms automatically, which enhances efficiency and prevents disputes. They also discuss the opportunities and challenges of integrating this technology into legal and commercial practices, including revolutionary dispute resolution through “on-chain” arbitration. From the New York Convention to innovative platforms like Kleros, this episode offers cutting-edge insights for anyone curious about international disputes or the future of legal tech.2024-09-1829 min
CryptoCounselPowering Sustainable Crypto: A General Counsel’s ViewIn this episode of the CryptoCounsel, Josh talks with Andrey Krahmal, the Head of Legal at Peak Mining, for a deep dive into Bitcoin mining. Andrey shares insights into how Peak Mining is pioneering the industry with large-scale, energy-efficient facilities around the world. They explore the challenges and innovations in the crypto mining space, including the strategic importance of energy sourcing, rapidly evolving technology, and stable regulatory frameworks. From Satoshi's legacy to the environmental impact of Bitcoin, this conversation covers the exciting opportunities and risks of being at the forefront of the digital gold rush.2024-09-0441 min
CryptoCounselCrypto & Politics: Insights from Former Congressman David McIntoshIn this episode of the CryptoCounsel at Wiley, host Josh talks with guest David McIntosh, President of the Club for Growth and former Congressman, to explore the intersection of cryptocurrency and politics. They discuss whether cryptocurrency is a bipartisan or polarizing issue, particularly leading up to the 2024 elections in the United States. McIntosh shares his journey into the world of Bitcoin, the grassroots movement within the crypto community, and how the upcoming election could shape the future of digital currencies in America.2024-08-2237 min
CryptoCounselEl Salvador’s Bitcoin Nation: A Government Insider’s ViewIn this episode of the CryptoCounsel at Wiley, Josh talks with guest Dr. Mardoqueo Tochez, Minister Consular of El Salvador, to discuss the country’s groundbreaking decision to make Bitcoin legal tender. Mardoqueo shares insights on the journey from skepticism to adoption, and the global attention on El Salvador. He and Josh delve into the challenges and successes of integrating Bitcoin into a national economy, with a focus on the intersection of law, economics, and innovation in the world of crypto.2024-08-0635 min
CryptoCounselExploring the AI and Crypto IntersectionIn this episode of the CryptoCounsel, Frank Scaduto welcomes Nick Peterson, a white-collar and investigations attorney at Wiley, to discuss the intersection of cryptocurrency and artificial intelligence (AI). They explore the concept of AI washing and discuss how crypto mining operations are pivoting towards AI data processing. Nick provides insights on regulatory landscapes, enforcement trends, and practical advice for companies navigating these emerging technologies. Tune in for an engaging conversation that merges the dynamic worlds of crypto and AI.2024-07-2225 minCryptoCounselAsk a CFIUS Expert: Is Crypto Spying on Us?In this episode of the CryptoCounsel at Wiley, Josh talks with guest Nova Daly, a former U.S. national security official, to delve into the complexities of crypto regulation and international investment. They explore a groundbreaking Presidential divestment order blocking a Chinese-owned company’s operation of a cryptocurrency mining facility near a strategic missile base in Wyoming. Nova and Josh discuss how the divestment, which followed a review by the Committee on Foreign Investment in the United States (CFIUS), highlights broader concerns over potential espionage and national security risks from cryptocurrency operations.2024-07-1925 min
CryptoCounselDogecoin’s Day in CourtIn this episode of the CryptoCounsel at Wiley, Josh and Frank try their hand at acting (since Matt Damon was unavailable) to highlight the complexities of crypto regulation and the divergent opinions within the SEC. They also discuss the next frontiers of crypto regulation, from the House of Representatives legislation (FIT 21) to the latest Supreme Court case involving Coinbase, where the court ruled on arbitration clauses without addressing the broader implications for Dogecoin.2024-07-1923 minCryptoCounselA Tale of Two Crypto CasesIn Episode 2 of the CryptoCounsel, hosts Josh and Frank decode recent litigation with the SEC and two key cases in the Southern District of New York. In the first case, a judge found that Ripple’s cryptocurrency XRP is not a security when sold to individual investors. But in the second case, a different SDNY judge found that 13 of Coinbase's listed cryptocurrencies are securities. These divergent cases underscore the complexity and uncertainty of applying existing securities laws to cryptocurrencies, which will continue to be contested in the courts.2024-07-1924 min
CryptoCounselIs Cryptocurrency a Security (like an orange grove)?In the first episode of the CryptoCounsel at Wiley, hosts Josh Simmons and Frank Scaduto discuss the evolving landscape of cryptocurrency regulation, focusing on recent disputes and the challenges posed by the SEC's regulatory actions. Using the Howey Test from a 1946 Supreme Court case involving orange groves, they explain how the SEC determines if an asset is a security and how the SEC needs a better regulatory framework for the rapidly growing crypto industry.2024-07-1928 min