September 2024 - cypherpunks - lists.cpunks.org

Coinbase Scores Victory with Supreme Court Ruling on Federal Arbitration Act - Litigation Finance Journal
by Gunnar Larson 18 Oct '24

18 Oct '24

Check out my new article: https://litigationfinancejournal.com/coinbase-scores-victory-with-supreme-c… Coinbase Scores Victory with Supreme Court Ruling on Federal Arbitration Act - Litigation Finance Journal Litigation Finance Journal recently reported that Coinbase became the first US-based cryptocurrency company to argue a case in front of the Supreme Court. The June decision has been announced, and with a 5-4 majority in favor of Coinbase, the high court ruled “that an interlocutory appeal about one matter (arbitrability) bars the district court from proceeding on another (the merits).” CoinDesk says the ruling is a distinct legal victory for Coinbase, one that could impact future lawsuits against all companies in the United States. For over a century, the Federal Arbitration Act (FAA) has been part of user agreements to protect corporations from risk and expense associated with court battles to resolve customer claims. The decision does not represent any high-court conclusions on cryptocurrencies, outside of Coinbase being one of the associated parties. A lower court decision from the U.S. District Court for the Northern District of California denied Coinbase’s arbitration agreement approach. On appeal, the Ninth Circuit denied Coinbase’s motion to halt hearings while appeal is in progress. The Supreme Court’s decision in favor of Coinbase effectively stays any trial proceedings while appeal is in progress.

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Binance and Coinbase vs. the SEC - Litigation Finance Journal
by Gunnar Larson 18 Oct '24

18 Oct '24

Check out my recent article: https://litigationfinancejournal.com/binance-and-coinbase-vs-the-sec/ On June 5, 2023, the United States Securities and Exchange Commission (SEC) sued the world’s largest cryptocurrency exchange, Binance, for allegedly misleading investors and regulators while operating an unregistered exchange. One day later, the SEC sued the largest cryptocurrency exchange in the United States, Coinbase, for similar allegations. Now, litigation financiers around the globe look on as top law firms organize to defend Binance and Coinbase against the SEC. Bloomberg Law reports that Binance and Coinbase have tapped some of the United States’ top law firms to defend their future to exchange nearly $120B in cryptocurrency token assets. The SEC claims that most of these tokens sum up to unregistered securities. Binance and Coinbase deny any wrongdoing. Agencies such as Lipton, Rosen & Katz, Milbank, Latham & Watkins, Wilmer Hale and Sullivan & Cromwell are among those said to bank upwards of $50M – $100M in legal fees for Binance’s and Coinbase’s defense against the SEC’s recent actions. Sullivan & Cromwell is reported to have billed over $80M in fees associated with the FTX Chapter 11 bankruptcy litigation, according to court documents. The SEC says that unregistered securities in the form of cryptocurrency violate US investor protection laws. Yet, former SEC leaders have joined Binance’s defense team. Richard Grime (of Gibson Dunn & Crutcher) has been hired by Binance. Mr. Grime formerly served as assistant director of the SEC’s enforcement division. William McLucas (of Wilmer Culter Pickering Hale and Dorr) formerly served as the SEC’s enforcement director. Mr. McLucus has been hired by BAM Trading Services, the operator of Binance.US. What does all of this mean for the litigation finance industry? Experts suggest that private actions could be explored by litigation investors and their clients in the wake of the SEC’s approach to cryptocurrency tokens being exchanged as unregistered securities. However, collectability remains a pertinent issue for litigation investors, as they consider whether to pursue crypto litigation funding.

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Pending US Supreme Court Decision is a Coinbase Class Action Cliffhange - Litigation Finance Journal
by Gunnar Larson 18 Oct '24

18 Oct '24

Check out my new article: https://litigationfinancejournal.com/pending-us-supreme-court-decision-is-a… Coinbase’s business has been seminal to the legacy of cryptocurrency innovation. As the global digital asset marketplace continues to mature, Coinbase is tiptoeing between a group of class action lawsuits. Now, the United States Supreme Court is deliberating if Coinbase should be protected by mandatory arbitration. Benzinga reports that in March 2023, the U.S. Supreme Court appeared uncertain regarding whether to allow Coinbase to move to arbitration over class actions which had been launched against the firm. Executives at Coinbase argued that private arbitration is a win for business. The June decision by the Supreme Court will spell a new dynamic for cryptocurrency sector litigation. Some digital asset scholars predict that a lack of mandatory arbitration may devastate business dynamics at Coinbase. Allowing class action lawsuits to continue is an expensive proposition that would inevitably impact the pace of cross-border crypto innovation. Meanwhile, U.S. and global regulatory uncertainty is stoking new legislation that could fuel litigation well into the future. The efficient nature of digital asset technology is at a crossroads. The Coinbase decision, commingled with upcoming regulatory requirements worldwide, will shape business dynamics for enterprise crypto software and the entrepreneurs behind future sector innovation.

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Fwd: Your Freedom of Information Law Request FOIL-2023-096848-022527 - 2022 New York City Pension/Investment Management Asset Performance
by Gunnar Larson 16 Oct '24

16 Oct '24

2024-096848: 3/13/24: While surveying 2022 New York City Pension/Investment Management Asset Performance, xNY.io - Bank.org noticed an overall negative return for the five systems referenced here: https://comptroller.nyc.gov/services/financial-matters/pension/asset-perfor…. xNY.io - Bank.org seeks access to any and all records explaing 2022 New York City Pension/Investment Management Asset Performance as a loss for all five funds. Comprehensively, the mechanisms for garnering public equity are easily understood and easy to execute. An advantage for public equity is its liquidity as most publicly traded stocks are available and easily traded daily through public market exchanges. Related to New York City Pension/Investment Management Asset Performance, public equity investments do not include individual stocks under "asset type" and "asset name." xNY.io - Bank.org would like to receive record if the five systems owned PayPal (PYPL) as an individual investment as part of fund investment across the systems between FY 2020 and 2022. Additionally, xNY.io - Bank.org seeks trading history ststements of PYPL across the five systems between FY 2020 and 2022. SENT VIA EMAIL G(a)xny.io August 13, 2024 Mr. Gunnar D Larson xNY.io - Bank.org 406 West 25th Street New York, NY 10001 Re: Freedom of Information Law (“FOIL”) Tracking No. 2023-096848 Dear Mr. Gunnar D Larson: I write in response to the FOIL request that you submitted to The New York State Department of Financial Services (“Department”), which has been assigned tracking number 2023-096848. The Department requires additional time to respond to your FOIL request because we are still working on your request. The Department intends to provide its determination of your request by September 17, 2024. Thank you. ---------- Forwarded message --------- From: <Carmen.Garrett(a)dfs.ny.gov> Date: Tue, Aug 13, 2024, 11:04 AM Subject: Your Freedom of Information Law Request FOIL-2023-096848-022527 To: <G(a)xny.io> Good morning: Attached, please find correspondence from the New York State Department of Financial Services pertaining to your FOIL request. Thank you. Tracking Number:FOIL-2023-096848-022527

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Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied
by Gunnar Larson 09 Oct '24

09 Oct '24

---------- Forwarded message --------- From: Gunnar Larson <g(a)xny.io> Date: Sun, Jul 14, 2024, 2:11 AM Subject: Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied To: cypherpunks <cypherpunks(a)lists.cpunks.org> *Moscow Stock Exchange* *Logo:* https://tinyurl.com/3v2fd3y2 *Meta's (Facebook) logo,seemingly is a shocker*: https://tinyurl.com/2p8csm8u What is extremely interesting, the copyright case below was filed on March 8, 2021: https://dockets.justia.com/docket/new-york/nysdce/1:2021cv02007/555642 Facebook announced their new Meta brand and logo on October 28, 2021: https://about.fb.com/news/2021/10/founders-letter/ xNY.io debating the Moscow Stock Exchange Logo and the Meta logo, "ask[s] not whether the second work would *damage* the market for the first (by, for example, devaluing it through parody or criticism), but whether it *usurps* the market for the first by offering a competing substitute." On Thu, Mar 24, 2022 at 12:05 PM Gunnar Larson <g(a)xny.io> wrote: > In other news, related to Meta's (FB) logo being very similar to the > Moscow Stock Exchange logo, something similar has been discussed in New > York. I found this quote very interesting: > > - "Lastly, regarding the fourth factor, concerning the effect of the > use on the potential market for or value of the copyrighted work, the Court > noted that this factor "ask[s] not whether the second work would > *damage* the market for the first (by, for example, devaluing it > through parody or criticism), but whether it *usurps* the market for > the first by offering a competing substitute." > > ---------- > > https://www.mondaq.com/unitedstates/copyright/1174834/russian-state-sponsor… > > TV-Novosti, a non-profit operating the Russian state-controlled > RT(formerly Russia Today) television networks and 38 associated RT YouTube > channels, has been sued for copyright infringement by Business Casual, an > American media company that creates documentary content, based on its use > of translated clips of Business Casual's documentaries in its own videos > posted to YouTube. > > Business Casual creates short original historical documentaries which it > posts to its YouTube channel. Its documentaries frequently feature > photographs of historical figures, using a process called "parallax" which > "transforms century-old low-resolution photographs into dramatically > restored high-resolution photographs" and "turn[s] two-dimensional images > into three-dimensional models . . . simulating a depth-of-field. This > optical illusion provides Business Casual's videos with an immersive > three-dimensional look and feel." > > The lawsuit relates to two of Business Casual's documentaries—"How > Rockefeller Built His Trillion Dollar Oil Empire" and "J.P. Morgan > Documentary: How One Man Financed America"—clips of which Business Casual > alleges TV-Novosti incorporated into three separate videos on its > "RT-Arabic" YouTube channel, including portions featuring parallax-enhanced > images, altering the brightness and saturation of the copied content and > replacing Business Casual's watermark with TV-Novosti's own in order to > hide from YouTube's algorithms. > > TV-Novosti moved to dismiss the copyright claims, arguing that it's use of > the clips is protected as fair use. However, after considering each of the > four statutory factors, Judge Koeltl of the Southern District of New York > denied TV-Novosti's motion, holding that while three of the four factors > weighed against finding fair use, "[t]he fourth factor, which the Supreme > Court has described as 'the single most important element of fair use,' > cannot be determined without further factual development." > > Specifically, regarding the first factor, concerning the transformation of > the use, Judge Koeltl found that while TV-Novosti's videos take portions of > the plaintiff's videos, re-arrange them, and add new commentary to them, > TV-Novosti had not made any meaningful changes to the visual clips > themselves, and "[m]erely overlaying new audio does not effect a sufficient > transformation . . . to find fair use as a matter of law." The Court > further noted that TV-Novosti had "not changed the purpose of the > parallax-enhanced images," i.e., to provide visual illustration for the > overlain audio commentary, but had instead "simply lifted the copyrighted > depictions . .. for the purpose of illustrating [TV-Novosti's] own video." > In addition, the Court found that the fact that TV-Novosti could have > sought to pay for the clips, but didn't, and tried to hide its use of the > excerpts from YouTube's algorithms, also weighed against a finding a fair > use under the first factor. > > Regarding the second factor, concerning the nature of the copyrighted > work, the Court initially noted that factual material such as that at > issue, "cuts less closely to the core of copyright." Nevertheless, the > Court held that the fact that source material for Business Casual's videos > was in the public domain weighed against finding fair use, because TV > Novosti could have simply used public domain photos of the historical > figures, rather than the modified clips, to create its videos. > > Regarding the third factor, concerning the amount of use in relation to > the copyrighted work as a whole, the Court noted that while only "small > portions of the entire copyrighted works were used"—excerpts of 7 seconds, > 1 minute and 28 seconds, and 8 minutes and 50 seconds in length—the > portions were "not so trivial as to warrant dismissal under the de minimis > doctrine." > > Lastly, regarding the fourth factor, concerning the effect of the use on > the potential market for or value of the copyrighted work, the Court noted > that this factor "ask[s] not whether the second work would *damage* the > market for the first (by, for example, devaluing it through parody or > criticism), but whether it *usurps* the market for the first by offering > a competing substitute." With this framing, the Court thus found that while > one the one hand, TV-Novosti's "videos are alternative ways of learning > about the lives of J.P. Morgan and John D. Rockefeller," on the other hand, > they "have a broader focus and are in a different language, meaning that > they cater to a different audience." These differences, the Court held, > were significant enough to preclude the Court from "determining the effect > of [TV-Novosti's] videos on the market for [Business Casual's] videos at > this time." > > The Court's recognition of the weight of the fourth factor in determining > fair use means that there may still be hope for TV-Novosti—time (and fact > discovery) will tell. For now, the takeaway may very well be that parties > seeking to raise a fair use defense should take care to emphasize any > characteristics of their use that distinguish not just their work, but its > target audience, including the scope of the work and the language (if any) > which communicates it. > > > -- > *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> > - Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> > - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 > -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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FTX Auditor Prager Metis Settles SEC Charges For Negligence
by Gunnar Larson 05 Oct '24

05 Oct '24

FTX Auditor Prager Metis Settles SEC Charges For Negligence <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…> By Carolina Bolado The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX agreed Tuesday to pay $1.95 million to resolve allegations by the U.S. Securities and Exchange Commission of misconduct in FTX audits and, in a separate case, violations of auditor independence rules. Read full article » <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…>

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Autism Played Role In Bankman-Fried Case, 2nd Circ. Told
by Gunnar Larson 05 Oct '24

05 Oct '24

Autism Played Role In Bankman-Fried Case, 2nd Circ. Told <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…> By Elliot Weld A group of experts on neurodiversity told the Second Circuit that Sam Bankman-Fried, who has said he has autism and attention deficit hyperactivity disorder, may have been hurt at trial by a "cognitive and communication style" that at times frustrated the trial judge. 2 documents attached | Read full article » <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…>

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BREAKING: Star Witness Against Bankman-Fried Gets 2 Years In FTX Case
by Gunnar Larson 05 Oct '24

05 Oct '24

BREAKING: Star Witness Against Bankman-Fried Gets 2 Years In FTX Case <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…> By Pete Brush A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Wednesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card." Read full article » <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…> | Save to favorites » <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…>

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Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES
by Gunnar Larson 04 Oct '24

04 Oct '24

Today Gunnar got out of bed and realized he has to stage a Pershing Square type of success out of the Middle East: https://www.hbs.edu/faculty/Pages/item.aspx?num=49778. AG James, once human rights start paying for themselves, everything changes. What was happening in Chelsa during this investigation is being hid from New Yorkers just like the Steele Dossier but WORSE. Gunnar Donald Arthur Peter Larson must keep his integrity Mr. Mayor Adams. And my situation is far more impactful than sneaking into first class... AG James, can you please confirm that the current Superintendent is not up to worse to the four highlights here? Gunnar ---- Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES: https://drive.google.com/file/d/1ZCy-8lHFc0AAihuWP8UpXg0LC4CkLnw_/view?usp=… EXECUTIVE SUMMARY We, the investigators appointed to conduct an investigation into allegations of sexual harassment by Governor Andrew M. Cuomo, conclude that the Governor engaged in conduct constituting sexual harassment under federal and New York State law. Specifically, we find that the Governor sexually harassed a number of current and former New York State employees by, among other things, engaging in unwelcome and nonconsensual touching, as well as making numerous offensive comments of a suggestive and sexual nature that created a hostile work environment for women. Our investigation revealed that the Governor’s sexually harassing behavior was not limited to members of his own staff, but extended to other State employees, including a State Trooper on his protective detail and members of the public. We also conclude that the Executive Chamber’s culture—one filled with fear and intimidation, while at the same time normalizing the Governor’s frequent flirtations and gender-based comments—contributed to the conditions that allowed the sexual harassment to occur and persist. That culture also influenced the improper and inadequate ways in which the Executive Chamber has responded to allegations of harassment.1 ---- Executive Assistant #1’s Hesitation to Report Governor Cuomo’s Conduct Executive Assistant #1 repeatedly testified that she felt she had to tolerate the Governor’s physical advances and suggestive comments because she feared the repercussions if she did not.183 She did not feel she could tell anyone, including her colleagues and her direct supervisors.184 In addition, the Governor had specifically told her—with respect to the selfie they took together—that she was not to share it or tell anyone about it other than Ms. McGrath.185 Executive Assistant #1 testified that she needed the income (including the overtime pay received from working on weekends), particularly as she was going through a divorce and was focused on not risking losing her job.186 Executive Assistant #1’s hesitance to report the Governor’s conduct was also informed by her observation of the Executive Chamber’s reactions to other women’s allegations against the Governor. In mid-to-late December 2020, Executive Assistant #1 personally witnessed what she felt were the Executive Chamber’s efforts to discredit the allegations of Ms. Boylan against the Governor, including by repeatedly describing Ms. Boylan as “crazy” and by trying to get Ms. Boylan’s personnel files to the press.187 Executive Assistant #1 recalled that Ms. DeRosa, Richard Azzopardi (the Senior Deputy Communications Director and Senior Advisor to the Governor at the time), and at times Linda Lacewell (the Superintendent of the Department of Financial Services) would be in Ms. DeRosa’s office during that period.188 They described Ms. Boylan as crazy and having a political agenda, and talk about shutting down Ms. Boylan’s allegations quickly.189 On or around December 13, 2020,190 while Executive Assistant #1 was assisting the Governor at the Capitol, she observed that Mr. Azzopardi was asked to retrieve a box from Beth Garvey, Senior Counsel and Senior Advisor to the Governor at the time, which Executive Assistant #1 helped carry from the Counsel’s Office to the Front Office in the Capitol.191 From the context of the discussions happening around that time, Executive Assistant #1 understood that the box contained documents relating to Ms. Boylan.192

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Linda A. Lacewell
by Gunnar Larson 04 Oct '24

04 Oct '24

Subject: Linda A. Lacewell https://new.mta.info/people/linda-lacewell Recommended by: Governor Appointed on: June 20, 2019 Term expired: January 1, 2023 Committee assignments: B&T (Chair), NYCT-MTA Bus, Finance, Corporate Governance, Diversity Linda A. Lacewell currently serves as Superintendent of the New York State Department of Financial Services. Lacewell previously served as Chief of Staff and Counselor to the Governor. In that role, she oversaw Executive Chamber operations, as well as ethics and law enforcement matters. Before that, Lacewell was Executive Director of a cancer foundation initiative in Culver City, California. Lacewell also served as Chief Risk Officer and Counselor to Gov. Cuomo, where she built and implemented the first statewide system for ethics, risk, and compliance in agencies and authorities. Lacewell was formerly Special Counsel to the Governor, as well as the architect of OpenNY, a state-of-the-art open data initiative. She also served as special counsel to Attorney General Cuomo, where she oversaw the public pension fund pay-to-play investigation and the out-of-network health insurance investigation, both of which led to nationwide systemic reform. Lacewell spent nine years as an assistant U.S. attorney for the Eastern District of New York, including two years on the Enron Task Force, and received the Henry L. Stimson Medal and the Attorney General's Award for Exceptional Service. Lacewell earned her B.A. from New College of the University of South Florida and her J.D. with honors from the University of Miami School of Law. She clerked for a United States District Judge for the Southern District of Florida. Lacewell serves as an adjunct professor at New York University School of Law, teaching ethics in government, and previously served as an adjunct professor of law at Fordham University School of Law, teaching international criminal law.

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