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
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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
Utah
- The National Law Review: Utah Passes Innovative DAO Legislation
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