Cryptocurrency

The crypto crash of 2022 resulted in multiple chapter 11 cases, yielded both substantial losses and unexpected recoveries for market participants, and created an array of legal precedents in an area where none previously existed. With markets in turmoil, could another crash lie ahead? This panel will look back at key issues in the 2022 wave of cases, and will speculate as to how those and related issues might play out in the next wave of cryptocurrency filings against the backdrop of market, regulatory and legislative developments.Learning Objectives:Revisit and reevaluate how key insolvency issues were addressed and resolved in the wave of cryptocurrency chapter 11 cases that commenced in 2022.Evaluate how the crypto world is changing, both on the business/financial and legal side. New players and evolving expectations will be discussed.Engage in informed speculation as to how the same set of issues might be addressed/resolved in future cryptocurrency chapter 11 cases, particularly in light of recently enacted and pending legislation and regulation.

This panel will analyze evolving approaches to the characterization of digital assets, focusing on the treatment of crypto in the GENIUS Act and the implications for priority, setoff, and customer vs. estate property rights. The panelists will discuss key recent decisions, including In re Prime Core and Celsius, addressing what constitutes property of the estate, the contours of constructive trusts and tracing, and the allocation of rights among customers, lenders and estate fiduciaries. The panel also will examine the legal status of stablecoins, including whether any super-priority liens can prime lawyers’ retaining or charging liens, and will assess the latest FTX decisions on sanctions, OFAC, and the permissibility of transfers to creditors in restricted jurisdictions such as China and Russia. Collectively, the panelists will present a practical framework for advising clients and litigating crypto-related insolvency issues across jurisdictions.

Hosted by the Emerging Industries & Technology and Financial Advisors & Investment Banking Committees. This panel will explore the intricate landscape of recent crypto-related bankruptcies through a multi-faceted lens. The panelists will examine the fast-paced world of on-chain tracing and flow-of-funds analysis, the unique valuation challenges posed by highly volatile digital assets, and the shifting regulatory environment impacting insolvency proceedings. Illustrative case studies from prominent bankruptcies will ground the discussion, offering practical insights into how legal, financial and technical teams are adapting to these emerging challenges.

Hosted by the Commercial & Regulatory Law and International Committees. This panel will discuss the fast-changing landscape of crypto regulation across different jurisdictions, and the effects it is having on crypto-focused bankruptcies both here and abroad.