Are DAOs Strong Enough to Survive the Regulators? - Ep. 479

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

Legal Nodes: Wyoming LLC as a DAO Legal Wrapper: What You Need to Know

Utah

The National Law Review: Utah Passes Innovative DAO Legislation

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