Unchained

Are DAOs Strong Enough to Survive the Regulators? - Ep. 479

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How can decentralized autonomous organizations (DAOs) be more resilient? Gabriel Shapiro, general counsel at Delphi Labs, and Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch, survey the landscape and offer their insights on what will fuel the next wave of DAO innovation. Are new rules from U.S. states like Wyoming and Utah a boon for DAO creation? Or will the proceedings against Ooki DAO by U.S. regulators cast a pall on this emerging segment of the Web3 world?


Show highlights:

  • how Gabriel and Fatemeh determine whether something is actually a DAO
  • the pressing legal issues around DAO formation
  • where the liabilities lie in these types of organizations
  • Delphi Labs’ new “borg” concept and the problems it aims to solve
  • what jurisdictions are more appropriate for different DAOs
  • the nuances of Wyoming’s DAO LLC law
  • Utah’s Introduction of LLDs – limited liability DAOs – and why it is innovative 
  • why the CFTC filed a lawsuit against Ooki DAO
  • whether governance token holders are liable for the DAO’s actions
  • how the Ooki lawsuit will impact how DAOs structure their activities in the future
  • what happened in the MakerDAO case and its implications
  • why Fatemeh and Gabriel disagree on whether the Mango DAO’s agreement to not pursue actions against Avi Eisenberg was legally binding


    • Thank you to our sponsors!
    • Crypto.com
    • Halborn
      • Guests:
      • Gabriel Shapiro, general counsel at Delphi Labs
      • Previous appearances on Unchained: 
      • What Does Mango Markets Exploiter Avi Eisenberg’s Arrest in Puerto Rico Mean for DeFi? 
      • Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch
      • Lawmakers In New Hampshire And Utah Recognize DAOs As Legal Persons
        • Links

        MakerDAO:

        CoinDesk: Crypto Investors' $28M ‘Black Thursday’ Lawsuit Against DeFi Giant Maker Dismissed by US Judge

        Mango Markets:

        • CoinDesk: Legal Expert Says Mango Markets Exploit Case Is Wake-Up Call for DAOs
        • Avi Eisenberg Detained Unlike SBF As Mango Labs Is Denied Injunction But TRO to March 15
        • Unchained: 
        • The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not
        • CFTC Charges Mango Markets Exploiter With Market Manipulation
        • Mango Markets Exploiter Arrested on Market Manipulation Charges

          • Tornado Cash

          • Unchained:
          • The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash?
          • Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?
          • Tornado Cash Sanctioned. Did the Government Overstep Its Bounds?

            • Ooki DAO:

            • Unchained: Why the Ooki DAO Case Could Hurt Participation in DAOs
            • CoinDesk: Interpreting the CFTC’s Lawsuit Against Ooki DAO

              Wyoming law

              Legal Nodes: Wyoming LLC as a DAO Legal Wrapper: What You Need to Know

              Utah

              The National Law Review: Utah Passes Innovative DAO Legislation

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              UnchainedBy Laura Shin