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  1. Home/
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DeFi

9 articles

Thought Leadership

Smart Contract Legal Enforceability: When Code Isn't Law

The 'code is law' ethos collapsed with The DAO hack. Smart contracts face contract formation requirements, oracle problems, and dispute resolution challenges—but hybrid approaches like Ricardian contracts bridge law and technology.

September 6, 2026 · 22 min readRead More →
Client Guide

Your Protocol Just Got Hacked: The First 72 Hours—A Legal Playbook for Crypto Incident Response

In the first 72 hours after a crypto hack, the legal decisions—the bounty tweet, the freeze request, the forensics engagement, the public statement—determine whether the protocol ends the incident as a victim with live recovery options or as an OFAC violator and civil defendant. A playbook for founders and GCs.

July 18, 2026 · 29 min readRead More →
Thought Leadership

Who Is Liable When an AI Agent Loses Your Money?

AI agents now trade, pay, and move money on their own, and some of them have already lost it. No AI-liability statute governs the loss. Existing law does, and it keeps asking one question the industry cannot dodge: who controlled the agent?

July 16, 2026 · 13 min readRead More →
Thought Leadership

DeFi Protocol Legal Structure: LLC, Foundation, or Unincorporated DAO?

Choosing the right legal structure for your DeFi protocol determines liability exposure, tax treatment, and regulatory risk. Compare LLC, foundation, and DAO options with real examples (Uniswap, Compound, Lido) and practitioner cost estimates ($5K-$150K+).

June 22, 2026 · 32 min readRead More →
Regulatory Alert

DeFi Broker Tax Rules: Form 1099-DA Reporting in 2026

Custodial crypto brokers are now reporting digital asset sales on Form 1099-DA, the DeFi front-end rule has been repealed, and 2026 is the first basis-reporting year. Here is who must comply, what to report, and how to avoid penalties.

June 20, 2026 · 24 min readRead More →
Legal Update

The CLARITY Act (H.R. 3633) Explained: How It Would Split SEC and CFTC Jurisdiction

The CLARITY Act—H.R. 3633, the Digital Asset Market Clarity Act of 2025—passed the House and is now before the Senate. It would give the CFTC authority over digital commodities, including spot markets, and turn on a "mature blockchain" test rather than a named Bitcoin/Ether carve-out. Here is what the actual bill says, and what it does not.

June 14, 2026 · 13 min readRead More →
Case Study

DAO Liability After Lido: What the Court Actually Held and Why You Need a Legal Wrapper

In Samuels v. Lido DAO, a federal court let a general-partnership theory survive a motion to dismiss—holding only that the plaintiff plausibly alleged that active DAO participants could be partners, not that every token holder is automatically liable. Here is what the ruling actually held, who is exposed, and which legal wrappers protect personal assets.

June 14, 2026 · 14 min readRead More →
Thought Leadership

The DeFi Decentralization Test Under CLARITY: A Mechanics Guide to Section 309's Control-Surface Analysis

Section 309 protects specified DeFi activities—but the exemption is activity-based, not token-based, and protocols claiming it must survive a seven-control-surface verification their counsel are mostly not building.

May 20, 2026 · 49 min readRead More →
Thought Leadership

AI Agent Liability in DeFi: Who's Responsible When the Bot Trades?

AI agents are executing autonomous financial transactions in DeFi right now. A former SEC Honors Program intern analyzes the products liability, securities, commodities, and AML exposure deployers face—with case law, enforcement precedents, and a compliance roadmap.

April 5, 2026 · 26 min readRead More →
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