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SciTech Focus on Blockchain: A Patchwork of Federal and State Laws - Key Technology, Data and Legal Developments You Need to Know Now


Level: Advanced
Runtime: 91 minutes
Recorded Date: April 25, 2019
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Agenda


  • Blockchain: An Overview
  • The Iterative Landscape
  • Federal Regulation of Money Transmission
  • State Regulation of Money Transmitters
  • State Regulation of Blockchain
  • Authorizing Corporate Records on Blockchain
  • New Blockchain Business Entities
  • The Wyoming Model vs. The Uniform Law Commission (ULC)
  • State Gov't Task Forces and Initiatives -DE, IL, AZ, WY, CT, CA, MD, CO, NY, ND, TN, OH, UT
  • Emerging Approaches to Blockchain in the States
  • Takeaways
  • Forensic Limitations
  • Compliance and Forensic Technology
Runtime: 1 hour and 31 minutes
Recorded: April 25, 2019

Description

A patchwork of federal and state laws governs virtual currency and other uses of Blockchain technology in the U.S. - with approaches ranging from strict regulation to incentives and outright encouragement.

This program was recorded on April 25th, 2019.

Provided By

American Bar Association

Panelists

Damier Xandrine

Senior Counsel
Silicon Valley Bank

Damier Xandrine is Associate General Counsel at Silicon Valley Bank and is responsible for global legal coverage of the payment solutions offered by the bank.

Her area of practice focuses on legal and regulatory issues impacting payment products and services, online and mobile banking, fintech and other emerging technology, including blockchain and crypto assets. She provides legal support and guidance to develop payment solutions for early stage, developing and VC backed companies. She advises on strategic partnerships with innovators, as well as new product development to deliver financial services through digital, mobile and API channels.

Damier is a graduate of UC Berkeley and UC Hastings College of the Law. She is a Council member of the ABA Science and Technology Law Section.

Margaret I. Lyle

Of Counsel
Jones Day

Margaret Lyle represents businesses in their most significant complex litigation and appeals, defending class actions, data privacy, contract, health care, patent, and internet-marketing claims.

For more than 20 years, Margaret has successfully defended dozens of class actions brought under the Fair Credit Reporting Act, the Magnuson-Moss Warranty Act, the Driver's Privacy Protection Act, the Credit Repair Organizations Act, RICO, and state consumer statutes, as well as class claims for breach of warranty, unjust enrichment, fraud, and product liability. Margaret has defended Computer Sciences Corporation in class litigation over its insurance software, Interstate Battery in class warranty litigation, the Washington Division of URS Corp. in class litigation over New Orleans flooding following Hurricane Katrina, and Experian in data privacy and consumer class actions.

Margaret's appellate representations include cases of first impression in Nevada and Oregon, where the states' highest courts rejected a medical monitoring tort. She also has represented SAS, Sercel, Experian, and other industry leaders in state and federal appeals over statutory construction, injunctions, contract interpretation, patent claims and damages, federal jurisdiction, and constitutional protections.

Margaret co-chairs the ABA Woman Advocate Committee. She has served as a programming chair for the ABA Class Action and Derivative Suits Committee, as editor-in-chief of The Woman Advocate, and as a practitioner contributor to Black's Law Dictionary. An American Bar Foundation Fellow, Dallas Bar Foundation Fellow, and a member of Attorneys Serving the Community, Margaret was a founding member of the Texas Law Parents Leadership Association and a founding director of Marshall Lawyers Care.

Andy G. Gandhi

Managing Director
Alvarez & Marsal Holdings, LLC.

Andy Gandhi is a Managing Director with Alvarez & Marsal’s Disputes and Investigations practice in New York. An information risk specialist with more than 15 years of experience, he leads the Digital Investigation practice within the Forensic Technology Services team.

Mr. Gandhi specializes in leading global enterprise technology and litigation risk-related engagements with a focus on complex technology assessments and investigations. These matters include financial regulatory inquiries; civil, federal and international courts; transactional data risk / analysis; information security; computer forensics; information governance and electronic discovery.

Mr. Gandhi assists global corporations in investigations for fund misappropriation, breach of fiduciary duty, embezzlement, sabotage, intellectual property theft, the Foreign Corrupt Practices Act (FCPA), anti-money laundering (AML) compliance and other internal fraud issues. He counsels clients in preparation for discovery and on reasonability of electronically stored information (ESI). Mr. Gandhi actively supports corporations in clarifying and responding to ESI requests for the Department of Justice, Securities and Exchange Commission, Federal Deposit Insurance Corporation and civil litigation inquiries. He has also testified and presented expert reports.

Mr. Gandhi served as part of the information security team for a Fortune 500 international bank in the Dominican Republic. He led an investigation of data breaches and subsequently secured the network of the bank and its local subsidiaries. He provided computer forensics / investigative services for theft of intellectual property directly for the CEO.

Previously, Mr. Gandhi was the lead partner assisting a global asset and retail bank with an independent verification of its AML transaction data systems. He managed the global team in performing an end-to-end data validation exercise on all source data being fed to multiple AML monitoring systems from source through the multiple monitoring systems. Additionally, Mr. Gandhi developed data analysis infrastructure for analyzing suspicious accounting transactions on the Sarajevo United Nations military base. He was retained by The Office of the High Representative (OHR) to perform collection of electronic information from local banks and set up an onsite electronic discovery lab, a mock bank network and transactional analysis capabilities.

Mr. Gandhi is a member of the High Tech Crime Investigation Association (HTCIA) and the Information Systems Security Association (ISSA). He is Vice President of the New York chapter of the American Society of Digital Forensics and eDiscovery (ASDFED) and a charter member of the Association of Certified E-discovery Specialists (ACEDS). Mr. Gandhi is an Encase Certified Examiner (EnCE), Certified Information Systems Security Professional (CISSP) and Computer Technology Industry Certified Professional (ComTIA, A ).

Lisa M. Ledbetter

Partner
Jones Day

Lisa Ledbetter advises domestic and international financial institutions in navigating complex and novel regulatory, transactional, and enforcement challenges. She provides strategic advice on commercial and retail bank regulation and financial technology. Lisa counsels financial institutions and non-bank companies on new business models, products, and services. Lisa represents several financial services trade associations, assisting with public positions and comments on domestic and cross-border issues.

Lisa advises clients on strategic opportunities emanating from regulatory requirements. She advises on bank equity investments and activities, Volcker Rule limitations on trading and investments, liquidity, counterparty credit limits, derivatives, capital and business planning, fintech, cybersecurity, anti-money laundering, and credit and debit cards. Lisa is experienced in responding to civil investigative demands and defending agency enforcement actions. She is also experienced in conducting internal investigations.

Prior to Jones Day, Lisa was deputy general counsel at Freddie Mac and deputy office director and head of regulation, legislation, assessments, and finance and funding at the FDIC. She previously served as banking and finance counsel at Department of the Treasury during the George H.W. Bush administration and as regulatory counsel for the American Bankers Association and Independent Community Bankers of America representing the interests of small, regional, and large banks during the thrift crisis.

Lisa is the sole District of Columbia recipient of the 2018 Client Choice Award for Banking. She is Chancellor of the Exchequer Club of Washington, D.C. and a member of the ABA Banking Law Committee and Consumer Financial Services Committee.

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