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Litigating New Financial Industry Issues in Bankruptcy: Cryptocurrency, Blockchain, and Other Breaking News


Level: Advanced
Runtime: 61 minutes
Recorded Date: December 07, 2018
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Agenda


  • Blockchain and Bitcoin Basics
  • Useful Cryptocurrency Software and Services
  • Cryptocurrency and Regulatory Authorities
  • Insolvencies Among Cryptocurrency-Related Businesses
  • Bankruptcy Issues When Individual Owners of Crypto File
Runtime: 1 hour
Recorded: December 7, 2018

Description

Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.

This program was recorded on December 7th, 2018.

Provided By

American Bankruptcy Institute
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Panelists

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Hon. Stacey G. C. Jernigan

Bankruptcy Court Judge
U.S. Bankruptcy Court of the Northern District of Texas

Stacey G.C. Jernigan is a bankruptcy court judge for the Northern District of Texas. She was appointed to the court on May 12, 2006, and her term will expire on May 11, 2020.

Jernigan began working with Haynes and Boone in their Dallas bankruptcy section. In 1997, she made partner, then later progressed to head the bankruptcy section. On May 12, 2006, she was appointed as a bankruptcy judge.

Jernigan received her undergraduate degree from Southern Methodist University and her J.D. from the University of Texas at Austin.

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Andrew C. Helman

Partner
Dentons

Andrew Helman is a partner in the Restructuring, Insolvency and Bankruptcy practice group at Dentons Bingham Greenebaum. He focuses his practice on bankruptcy and insolvency matters and works with all types of businesses, including those in the health care sector, to help them restructure and protect their assets.

Andrew has served as lead counsel to debtors, trustees, secured parties and others in chapter 11 cases, including having served as independent counsel to a state attorney general in several chapter 11 cases in New England and Delaware. He has particular experience as lead counsel representing rural hospitals in chapter 11 cases and has successfully confirmed chapter 11 plans that have allowed rural hospitals to continue operating with restructured balance sheets.

His practice also includes commercial and insolvency-related litigation. He successfully obtained three temporary restraining orders and a permanent injunction against the U.S. Small Business Administration due to the agency’s decision to exclude debtors from participating in the federal Paycheck Protection Program.

Andrew frequently writes articles for national insolvency publications and teaches seminars on bankruptcy and fraudulent transfer law. In addition, he is co-chair of the American Bankruptcy Institute’s Health Care Committee and was a recipient of the American Bankruptcy Institute’s 40 Under 40 Award in 2019. He was also selected as one of 40 attorneys nationally to participate in the National Conference of Bankruptcy Judges' 2016 NextGen Program. He is ranked by Chambers for bankruptcy and restructuring and has been selected by his peers for inclusion in the 2015-2020 issues of Super Lawyers & Rising Stars.

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Dave Berson

Partner
Berson Law Group LLP

Dave Berson is an attorney who has over 29 years of experience in business law, securities law and banking law. Dave is experienced in startup business formation, mergers and acquisitions, business contracts, private securities offerings, fintech and blockchain law, and corporate governance. He is also experienced in financial institution regulatory issues, bank mergers, and assisting banks with cease and desist orders and enforcement actions. He has received a CAMS certification from the Association of Certified Anti-Money Laundering Specialists (ACAMS).

Dave has coauthored the book The Dodd-Frank Wall Street Reform and Consumer Protection Act (American Bar Association 2011). He served as a member of the Bank Counsel Advisory Board of the Missouri Bankers Association from 2008 to 2013. He was also the Chair of the American Bar Association Subcommittee on State Banking Law from 2005 to 2007.

From 1995 to 1998 Dave worked for members of the U.S. Senate Committee on Banking, Housing & Urban Affairs. During this time, Dave participated in the drafting of securities and banking legislation. From 1989 to 1995, Dave practiced business, securities, and banking law in Washington, D.C.

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Laura E. Jehl

Partner
Baker & Hostetler, LLP

Laura Jehl is a partner in the firm’s Privacy and Data Protection practice, and serves as co-leader of the firm's General Data Protection Regulation (GDPR) initiative and its Blockchain Technologies and Digital Currencies team. Her practice focuses on the intersection of data, law and emerging technologies, and she is ranked by Chambers USA as a leader in her field. Chambers cites clients praising her “extremely good judgement and deep experience in major cybersecurity issues."

Laura has extensive experience handling complex cyber incidents, including several of the largest data breaches ever reported, affecting high-profile clients in the healthcare, internet and hospitality sectors. She has directed forensic investigations, advised on notification of U.S. and international regulators, and led sensitive interactions with law enforcement and national security agencies related to these incidents. Laura also represents companies facing regulatory investigations and enforcement actions involving both privacy and security practices, and helps clients respond to requests from U.S. government agencies for personal data.

Laura regularly helps clients understand their obligations under the “patchwork” of U.S. privacy and cybersecurity laws, including HIPAA, GLBA, SCA/ECPA, COPPA, CAN-SPAM and the California Consumer Privacy Act, as well as state breach notification and data security laws. As co-leader of the firm’s GDPR initiative, Laura understands the growing globalization of data privacy regulation. She has helped hundreds of clients build and enhance comprehensive privacy programs, while anticipating emerging privacy and security obligations.

Her role as co-founder and leader of the firm's national Blockchain Technologies and Digital Currencies Team has Laura advising clients on a wide variety of legal and regulatory issues presented by the emergence of blockchain technologies, cryptocurrencies and digital identity solutions. She also advises companies on the legal issues associated with blockchain technologies, from smart contracts and personal identity solutions to complying with SEC guidelines on digital currencies.

With extensive experience as a senior in-house lawyer and business-side executive, Laura understands the business, legal and technological challenges and opportunities that her clients face. Chambers reports that clients praise Laura’s “excellent rapport” and her “holistic, big-picture approach” to advising them on privacy and data security issues and helping them meet regulatory requirements while incorporating practical, creative, trusted and valuable business solutions.

She received her B.A. with highest honors in Political Science from the University of California, Berkeley, and her J.D. cum laude from Harvard Law School.


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