Brian Klein, trial attorney at Baker Marquart, joins the show. Brian has represented clients in the crypto industry since 2014 and has been involved in some of the most impactful cases in that time. He is particularly known for having represented the Tezos cofounders Arthur and Kathleen Breitman in a class action which settled recently, and for having represented Block One in their dispute with the SEC which settled last year. Brian doesn’t just stick to crypto – he has represented high profile clients like Marcus Hutchins (Malware Tech) and Cesar Millan. In this episode:
- How he got his start at the San Jose bitcoin conference in 2013
- His experience conveying FinCEN guidance to bitcoiners when it was first released
- Representing Erik Voorhees in a case relating to SatoshiDice
- Why he chose to take cases in crypto
- Whether the SEC has provided sufficient clarity on the application of the Howey test to token issuance
- Why the SEC DAO report did not shed much light on token offerings
- Brian’s view on the Hinman guidance on the security to commodity transmutation
- Brian’s take on the preliminary injunction granted in the Telegram case
- Brian’s take on the SAFT
- Why regulators have a hard time policing exchange behavior
- Brian’s take on disclosure in the industry
- His view of Ross Ulbricht’s sentence
- The little-known variables that affect sentencing outcomes in criminal cases
- Brian’s experiencing representing Marcus Hutchins
- Why Brian allocates so much time and effort to pro bono cases
More about Baker Marquart. Read more about Brian’s track record, and follow him on Twitter.