DATE: Tuesday, December 18, 2018
TIME: 1:00 PM - 2:30 PM
ORGANIZER: American Bar Association, Cyberspace Law Committee
This panel will address the ethical issues surrounding providing legal counsel to cryptocurrency businesses and will offer practical advice on how appropriately to serve clients whose business models may be ahead of the law. We will discuss recent ethics opinions and guidance related to cryptocurrency provided by the Nebraska Lawyer’s Ethics Advisory Committee, the Office of Government Ethics and the U.S. House of Representatives Committee on Ethics. In addition, the panel will review recent statements by the Chairmen of the SEC expressing concerns that the legal advice some counsel have provided to entities operating in the cryptocurrency space elevates form over substance and has contributed to fraudulent and illegal activity. We will review several recent SEC enforcement actions in which cryptocurrency businesses were charged with fraud and securities law violations, with a focus on the lawyers’ ethical obligations to promote compliance with securities regulations.