Partner at Hogan & Hogan | Legal Briefs: piped.kavin.rocks/legalbriefs/

Orlando, FL
Joined May 2018
Service of Process is THE foundation of any lawsuit. You are handed a lawsuit and the guy says "You've been served." It gives the court jurisdiction over you and ensures you have notice of what is being alleged. So, how in the he** do you serve a decentralized entity? 1/million
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DAOs have been all the rage the last couple of years in the crypto space and operate by a large community of people "voting" on behavior. Which raises the question: should you even be able to sue a DAO? And should the person who "voted" against the action be held responsible?
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Before you say "No," imagine a DAO you have invested time and money in votes to kick you out due to your political beliefs. Would you want to sue it? The U.S. justice system would generally say "Yes," but exactly HOW to obtain justice from a DAO is more complicated.
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In June, a New York court allowed Service of Process on anonymous crypto thieves by just airdropping a token ,which linked to the lawsuit, into the wallet of the Defendant(s). Novel! Unfortunately, also perhaps the beginning of erosion of the historical importance of SERVICE.
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Wyoming has tackled this problem by specifically granting DAOs status as an LLC which requires appointment of an agent for Service of Process. Wyoming's approach solves the "notice" problem even if it doesn't solve the larger problem of justice against a loosely knit group.
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The big problem here is exemplified by the CFTC's recent lawsuit against a DAO in which it argued it perfected service merely by attaching the lawsuit in the DAO's online help "chatbox." Serving thousands of people by one PDF in a chatbox? NOT what we think of a "Due Process."
My legal opinion of this brief summarized below:
#XRPCommunity #SECGov v. #Ripple #XRP Ripple slams the SEC and the SEC’s opposition to the I-Remit and TapJets motions to file amicus briefs. “If the SEC cannot evaluate the veracity of such claims then it had no business bringing this litigation in the first place.”
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This beautiful custom crafted box landed on my desk yesterday. Thanks @LasercraftGuy Shameless plug: giftainer.com
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The SEC objects to the amicus briefs as they contain facts outside of the discovery evidence, and which it hasn't been able to investigate. As a litigator, I feel its pain. A tenet of law is the right to cross-examine a witness, right? And these briefs DO sneak new facts in.
#XRPCommunity #SECGov v. #Ripple #XRP The SEC opposes the I-Remit and TapJets motions to file amicus briefs, claiming the proposed briefs are improper attempts to offer evidence outside the constraints of discovery restrictions, the rules of evidence and this Court's prior order.
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The counter-argument is that there should be some leeway because the judge can give the amici evidence less weight than "normal" evidence when weighing the facts. And finally, does it really matter when the SEC provides the judge such a nice summary of the amici's position? ;)
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If you lost money in Celsius, you can search for whether you are listed as a creditor here: cases.stretto.com/celsius/cl… If you are not listed, you may want to file a Proof of Claim, which form is here: uscourts.gov/forms/bankruptc… Best of luck!
I can’t stress this enough. As a Celsius user you should be lodging a claim as creditor with the bankruptcy court dealing with Celsius. Perhaps a lawyer in the community can help with this? @JohnEDeaton1 @jesse_hynes ?
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"If there are no promises surrounding an asset, I'm curious how it can be an investment contract." -Hinman's SEC counsel Which also happens to be Ripple's first argument for summary judgment ("post-sale obligations" argument).
We've come a long way(and no telling how much tax payer $$$ spent by the SEC) from the Bill Hinman lie(under oath) that the ETH Free Pass Speech was his personal opinion. Coy Garrison knows. @JohnEDeaton1 @EleanorTerrett @CGasparino
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Check out the new LightHouse Report, now sponsored by Hedera! (which is apparently partially owned by Google - go figure) But more important than Google, there's an article by CryptoEri. Need I say more?
The LightHouse - October Edition is now LIVE 🔥 Catch up on all the latest from our Sponsors & Contributors. 📌 @hedera corner 📌 @XPunkDS interview 📌 Interviews with Hedera NFT projects 📌 Project Showcase sponsored by @xspectar + much MORE! 🖇 lighthouse.genfinity.io/edit…
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Another hour, another Amicus. Seems that TapJets uses XRP as a form of currency - again, an argument against the "expectation of profits" prong of Howey. Let the piling on begin. :)
#XRPCommunity #SECGov v. #Ripple #XRP TapJets, a private jet charter company, requests to file an amicus brief in support of Ripple. TapJets accepts XRP in exchange for its services. "For TapJets, the acceptance of XRP as payment for services is vital." dropbox.com/s/8n3hcsaeihg9sa…
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I-Remit, Inc. comes out of nowhere and files a motion to submit an Amicus brief. This brief is very specific to I-Remit and explains to the Court how I-Remit doesn't care if the price of XRP goes up, or not. XRP is just a medium it uses to move value. Very nice/concise brief.
#XRPCommunity #SECGov v. #Ripple #XRP I-Remit, Inc., a global payment remittance company that uses the RippleNet software, has filed an application to file an amicus brief in support of the Ripple Defendants' Motion for Summary Judgment. dropbox.com/s/dx3de7365lclyr…
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Judge Torres agreed with Judge Netburn on EVERY single issue related to the HINMAN EMAILS. Relevance: Check Attorney-Client Privilege: Check DPP: Check Some days I'm proud of this profession. :) #TurnOverTheEmails
#XRPCommunity #SECGov v. #Ripple #XRP BREAKING: JUDGE TORRES OVERRULES THE SEC’S OBJECTIONS AND ORDERS THE SEC TO TURN OVER HINMAN DOCUMENTS. dropbox.com/s/kqvgsumwmd9ap8…
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If you don't hear from me for a couple days, I was not abducted by men in dark suits and a large black SUV. And, pray for Tampa.
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The LBRY case judge and briefing was apparently very focused on the "utility" of the token with the SEC arguing that even if a million people bought the LBRY token to use it, and one person bought it as an investment only = security! Expect to see that decision this week.
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Which in conclusion, makes me nervous when I see new crypto projects being set up in two "steps." First, the sale of an NFT, which then gives purchasers "access" to a second step which somehow allows the purchase of the token. This is popular recently.
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This is concerning because it seems clever, but it takes AWAY both Ripple's argument that the token was a sale of an asset and LBRY's argument that the token is a "utility" token. Just some late-night ramblings while the kids are sleeping. Good night!
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