Topic: Distributed ledger technologies blockchain and smart contracts

To American lawyers it has been fairly obvious that digital assets are “property” for legal purposes, but the English have not been so sure.

Sean Murphy is joined by Paul Hsu, CEO of Decasonic to explore Paul’s insights into the rapidly evolving tech landscape, the transformative potential of blockchain technology, and the innovations driving the next phase of Web3.

Blockchain analysis claims to be able to break through the supposed anonymity of blockchain transactions and identify the individuals involved. But when such analysis is proffered in litigation, can it meet the Daubert gatekeeping test for reliable, admissible evidence under Rule 702 of the Federal Rules of Evidence?

On Thursday 20 June we hosted the Future of Finance Conference with the Global Blockchain Business Council at our offices in London.

A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don’t play when it comes to such systems, and thus whether they may potentially be faced with liability.

On 11 October 2023, the European Securities and Markets Authority (ESMA) published two articles on decentralised finance (DeFi), one on developments and risks in the EU market and another on a methodology for the categorisation of smart contracts. In these articles, ESMA highlighted risks to consumers, new forms of market abuse, and possible vulnerabilities to financial stability.

On 2 June 2023, the European Securities and Markets Authority (ESMA) updated its Q&As on the implementation of Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology. In particular, ESMA has added new Q&As on DLT market infrastructures, cash settlement and exemptions from the Central Securities Depositories Regulation.

On 3 February 2023, the European Securities and Markets Authority (ESMA) updated its Questions and Answers (Q&As) on the implementation of Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology (DLT).

Two seemingly unrelated recent developments in the world of blockchain are now posing the same odd question: Can there be law without people?

On 15 December 2022, the European Securities and Markets Authority published a final report containing guidelines on standard forms, formats and templates to apply for permission to operate a Distributed Ledger Technology market infrastructure (DLT MI).