Katherine Kirkpatrick Bos @kkirkbos Twitter profile

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Katherine Kirkpatrick Bos

@kkirkbos

9 months

The SEC has voluntarily dismissed the case against #Ripple senior execs. This means they can proceed to appeal the Ripple decision much sooner--otherwise they would have had to wait until the conclusion of that trial in the late spring.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I see a lot of confusion surrounding an appeal. The SEC cannot appeal this decision YET because this SJ order was not a "final order" - there are still issues to be determined at trial. After trial, the SEC can appeal, and that process will likely take a minimum of a year.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Legal does not (& should not, & cannot) exist to eliminate risk. Legal exists to help the business understand & navigate risk.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Maybe longer. The losing party at the 2nd circuit level may then seek certiorari from SCOTUS, and that process can and will take years for finality. But in the waiting period, the existing precedent stands. #Ripple

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Dark time for crypto twitter - some of my fave crypto lawyers are arguing & the hysteria surrounding the CFTC Ooki DAO complaint is deafening. We're in this for the long game! It's a complaint, not precedent. Troubling, to be sure, but there are bumps on innovation road.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

psa - no legit firm will give anyone a 'legal opinion' or 'letter' saying your token isn't a security. The good ones will give you a memo walking through the legal issues, good & bad. Some lawyers will choose to pass on a memo because of the bad, & privilege is not airtight.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

1/ Just read a report on DeFi borrowing/lending from @Barclays - "DeFi is probably the best example of leveraging the blockchain to create actual utility and, as such, it holds great promise...

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

The best crypto lawyers understand the tech. They are creative but pragmatic, cool under pressure, intellectually curious, & far less risk averse than most lawyers. Their pragmatism can guide strategy. They add credibility to their orgs & have high moral fiber.❤️to my cryptoGCs.

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Katherine Kirkpatrick Bos

@kkirkbos

2 months

FYI - yday I spoke to a regulator who said they noticed a project w/ a big booth at Consensus - & that project had pledged not to engage w/ US persons. Get good lawyers & listen to those lawyers.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

From Jamie Dimon's @jpmorgan shareholder letter published today: "Decentralized finance and blockchain are real, new technologies that can be deployed in both public and private fashion, permissioned or not." #DeFi is here to stay, folks.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Just now: Acc. to Chair Gensler, the SEC can use its exemptive authority to regulate crypto. Congress enacted the gen. exemptive authority in section 28 of the Sec Act in 1996, & this permits the SEC to exempt many - 1/2

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I would argue that US criminal regulators can (& will) assert jurisdiction over SBF. Although wire fraud does not generally apply extraterritorially, if U.S. wires were essential to the scheme, then juris is supported under Napout & other precedent. LOTS of imp US wires in FTX.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

"The notion that you can regulate a market by bringing enforcement actions, which will then craft a framework within which everyone else can operate, is ludicrous to me, and that’s the approach we’ve been taking." @HesterPeirce with common sense yet again.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Rough week. But I don't regret the move in-house to crypto. It has made me more comfortable with risk broadly, which makes me a better lawyer. It has battle tested my nerves of steel. It continues to teach me. It enables me to innovate, problem-solve, & think creatively.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I'm very happy to say I've joined @CboeDigital as Chief Legal Officer. I have long admired the culture, growth, and vision of @CBOE and I am honored to work on legal strategy for its entrance into #crypto .

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

I spent 12 yrs in biglaw doing white collar defense. There are bad actors in ALL industries, & they are not a reason to leave or disparage crypto. In fact, crypto's rapid tech advances make me more optimistic that it will ultimately be responsible for the best AML infrastructure.

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

Corporate monitorships are no joke. This is the dream engagement for a law firm-there's little ability for an entity to push back on (truly stunning) fees or refuse to cooperate (even if demands are unreasonable). They are effectively like a parole officer. 1/3

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

It's clear that a majority of people don't fully understand what a DAO is, including the lawyers who drafted the complaint in Sacruni v. bZx. But I'm excited to see multiple biglaw firms have written alerts on this suit - is everyone finally waking up to crypto legal issues?

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

The market understands that this is a good resolution, esp relative to the size and scrutiny levied on @coinbase . I defended tradfi entities in NYDFS investigations and that regulator is tough.

Coinbase shares jump over 12% following settlement with New York regulator

Coinbase shares popped following the exchange's $100 million settlement with the New York Department of Financial Services.

www.theblock.co

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Katherine Kirkpatrick Bos

@kkirkbos

3 months

Best advice I can give any young lawyer - be a good person. Be kind; help people even when there's nothing in it for you; be generous with your (limited) time; see people as people & check in with your colleagues when they're going through something. You'll sleep better at night.

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Katherine Kirkpatrick Bos

@kkirkbos

1 month

Declinations - meaning where the SEC notifies the subject of an investigation that they're declining to bring an enforcement action - are RARE. There's usually no incentive to grant these. But in certain cases, they are granted, & it's a big coup for vigorous advocates.

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Katherine Kirkpatrick Bos

@kkirkbos

3 months

Have heard rumors of a CFTC sweep into DeFi/derivatives. What exactly is a regulatory "sweep"? A 🧵. /1

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

"to the extent that such exemption is necessary or appropriate in the public interest, and is consistent with the protection of investors." But WHY? Regulation by exemption is jenga. - 2/2

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

Happy #internationalwomensday to all of the boss crypto women-lawyers, builders, journos, policy-I'm lucky to learn from! @_cathyyoon @TuongvyLe12 @sheila_warren @lindsey_haswell @MicheleKorver @RebeccaRettig1 @AndoniOlta @LDC917 @EleanorTerrett @laurashin @RosenfeldM @KMSmithDC

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Katherine Kirkpatrick Bos

@kkirkbos

11 months

Good news this morning - The Second Circuit just ruled that syndicated loans are not securities. If this had gone another way, it could have had major implications for #crypto lending per Reeves.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I joined @maplefinance in January 2022. What a ride this year has been. But we’re all learning & growing along the way, & everybody in crypto has learned that they want the (in-house) lawyers at the party. 🤣 Happy New Year & bring on 2023!

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

Rly enjoyed attending the @UofC Legal Matters in Web3 conf yday alongside many luminaries in the space incl @ohaiom @NYcryptolawyer @mikewawszczak @iampaulgrewal @CryptoTaxGuyETH & many others. Always heartening to see the level of brainpower committed to #crypto .

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

tl: dr of lawyer chatter today. "Chevron deference" = federal judges should defer to a federal agency's interpretation of a law if that law is unclear. SCOTUS is taking up this issue and will decide if agencies are insulated from appropriate checks & balances. This is a BIG DEAL.

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Katherine Kirkpatrick Bos

@kkirkbos

7 months

I made crepes for breakfast today, & while eating my 5yr old said: ‘mommy, what’s in crypto?’ I got excited & started enthusiastically explaining, until my husband interrupted to explain that he had asked: ‘what’s in crepe dough’ Happy New Year!

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I definitely defended clients who, after receiving a Wells notice, did not ultimately face an enforcement action. The WN is intended to bring out the defendant's best defense. A successful Wells submission tailors advocacy to the discretion of SEC staff, and/or educates the SEC.

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

I’m seeing a lot of ‘this is for all the marbles’ posts re: #Coinbase . Reminder - if CB doesn’t successfully win on a MTD, this just means the litigation continues. It’s nearly impossible to meet the high standard of dismissal at this point so a ‘loss’ doesn’t rly mean anything.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

4 yrs ago, in Dec. 2018, I made partner at the age of 34. I made 20+ work trips to Europe & Asia that year. I had a 6 month old baby. I have learned SO much since then - about family, law, life, crypto, perspective. There's only so much you can control, & you learn from the ride.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I just joined a TG group for crypto lawyers w/ babies/small children & may I just say I love this little community.

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

There's a lot of anger rn towards the US regulatory posture. I am sympathetic, but I counsel everyone in #crypto - perceived extremism will only harm our mission. My greatest wish for 2024 is more productive & collaborative engagement with regulators. A gal can dream.

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Katherine Kirkpatrick Bos

@kkirkbos

4 months

The amount of time I spend on rules, regulations, laws, regulatory guidance, best practices + working w/ risk + working w/ compliance - belies the fact that I’m apparently in a ‘lawless industry.’ New does not mean rogue. There are so, so many highly ethical people in #crypto .

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

If you don’t order this book & post about it on ⁦ @X ⁩, are you even a crypto lawyer? Looking forward to this one!

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

On this International Women's Day I want to take a moment & shout out my many female friends/mentors/role models in #crypto incl. @RebeccaRettig1 @lindsey_haswell @_cathyyoon @ntrudeau @GeorgiaQuinnEsq @MicheleKorver @sheila_warren . /1

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

@RosenfeldM lol'ing at this - excellent tweet!

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

Interesting. Paul Clement, representing @LEJILEX , is a brilliant lawyer. Bringing out the big guns.

LEJILEX

@LEJILEX

5 months

NEW 🚨 Today, LEJILEX and the Crypto Freedom Alliance of Texas filed suit against the @SECGov . We’re holding the federal government accountable and fighting for clear, consistent regulation of digital assets in Texas:

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Katherine Kirkpatrick Bos

@kkirkbos

7 months

It's my birthday (every yr of aging is a privilege), we're on the cusp of the superbowl of crypto adoption (it will take time, but we've come so far in just a few years - amazing), & we're supposed to get a bucket of snow this afternoon in Chicago (LOVE snow). What a good day.

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Katherine Kirkpatrick Bos

@kkirkbos

2 months

FIT21 - a 🧵refresh. The Financial Innovation & Technology for the 21st Century Act. This is arguably the most comprehensive crypto market structure legislation that we've seen thus far. /1

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Katherine Kirkpatrick Bos

@kkirkbos

4 months

Nothing I like more than talking to (talking at?) a bunch of students on a Friday morning about #crypto . It was a pleasure guest-teaching Gib Basset's Exchange course today at @thisisUIC

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

After a deep dive into #crypto as a result of the spring-summer volatility, the TX securities regulator is now investigating FTX. Easy to forget about the states but -as someone who did yrs of State AG work - they can have the sharpest teeth.

FTX US, Sam Bankman-Fried Are Subject of Probe

At issue are accounts that pay investors yield for depositing their cryptos with FTX US, the enforcement chief for Texas State Securities Board said.

www.barrons.com

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

A #DPA (deferred pros agreement) is not just a fine. There are many factors involved. E.g. is there a corp monitorship? What content ends up in the statement of facts (big for civil liability). What regulators are involved? How are juris issues dealt with?

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

There is lots of ongoing crypto litigation. (Unsurprising, thanks 2022.) This means we’re going to get conflicting and confusing precedent. None of this is clear cut & be wary of broad conclusions reduced to a tweet.

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Katherine Kirkpatrick Bos

@kkirkbos

2 months

Crypto m&a environment heating up - bullish. Now don't forget to think about antitrust, conflicts of interest, & rigorous counterparty due diligence incl. analysis of historic regulatory exposure in the acquisition target! (This is why lawyers aren't invited to the parties.)

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

I welcome ex-regulators (including SEC enforcement) to #crypto . It adds credibility & brainpower to the industry. If they are seeking jobs in crypto then they are now pro-crypto & I am thrilled to welcome more to this fantastic ecosystem. Full stop.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Aaron Kaplan is getting absolutely roasted on crypto twitter for his performance here. @RSSH273 was 🔥, no debate there, but I'm honestly curious if anyone else who watched this had a different take. Always conscious of thinking outside of my crypto bubble.

Laura Shin

@laurashin

1 year

❤️‍🔥 What is Prometheum? A compliant path for crypto or a catch-22? The debate about the SEC-friendly trading platform rages on. 🤼 Co-CEO Aaron Kaplan spars with Paradigm lawyer @RSSH273 over the state of U.S. crypto regulation. 🔊 Full episode:

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

Off topic - today I had surgery to remove melanoma. I'm fine, yay, but only because my rockstar derm spotted something in a routine skin check (which I almost cancelled bc I'm busy). We're all busy but pls prioritize your health!

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Katherine Kirkpatrick Bos

@kkirkbos

2 months

Mark my words - conflicts of interest will become an elevated source of scrutiny for #crypto , & they aren't solved just by disclosures. Sometime rules minimizing COI & a process for resolving COI are necessary, & those should be applied to everybody equally.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I'm aware of many excellent crypto litigation trackers e.g. @ohaiom 's. Is anyone aware of a good global crypto law tracker covering relevant law in various jurisdictions - ideally one that's regularly updated?

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

New job, new twitter! After 12 yrs of private sector investigations work where evvvvvvvrything is confidential, I can tweet now!

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Today is my bday & I'm chuckling thinking of the time @qthomp called me middle aged. But if I live to be 78, I will be satisfied! And can you imagine me as an old lady? I will be a firecracker! I will regale my grandchildren w/ stories about how I bought BTC when it was $16K!

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Website redesign looks amazing - so much syrup! Scroll on down for my first headshot ever where I'm not wearing a suit.🤣 @maplefinance LFG

Maple

Maple is the only on-chain marketplace focused exclusively on serving Institutional and Individual Accredited Investors with high-quality lending opportunities which suit their liquidity, risk and...

maple.finance

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Out of office in Chilean Patagonia this wk, but still sporting @maplefinance swag!

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

Just a reminder of this, from Jamie Dimon's April 4, 2022 shareholder letter: "Decentralized finance and blockchain are real, new technologies that can be deployed in both public and private fashion, permissioned or not."

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

My column in this week’s @CoinDesk ‘Crypto for Advisors’ newsletter discusses the continued reg focus on #crypto post-spot BTC ETP approvals. The regulators aren’t coming - they’re here.

Crypto for Advisors: The Regulators are Here

As the crypto industry matures, regulators have indicated they will continue to focus on crypto after the spot bitcoin ETF approvals.

www.coindesk.com

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Just taking a minute to recognize and appreciate the very hard and passionate work by all those in #crypto policy. It takes time for the legislative system to accommodate for innovation, & they are fighting the good fight.

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Katherine Kirkpatrick Bos

@kkirkbos

4 months

A Wells Notice is a communication (sometimes a letter, sometimes just a phone call - sometimes detailed but sometimes w/ little substance) where SEC staff indicates that they plan to recommend that the SEC authorize an enforcement action. /1 #wellsnotice

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

1/ Usually the SEC process is as follows: subpoena, investigation, Wells Notice, complaint. A WN is a letter (or a phone call) from the SEC indicating that they intend to move forward w/ an enforcement action. But it is discretionary-the SEC can surprise defendants w/ a complaint

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Katherine Kirkpatrick Bos

@kkirkbos

10 months

Speaking today on crypto alongside the SEC at the Securities Enforcement Forum and looking forward to it! Although we may disagree with certain regulators, open discussion & education on perspectives & tech offers the opportunity to move forward.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

100% guilty of completing a task & then adding it to my to my to-do list just so I can get the satisfaction of crossing it out.

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Katherine Kirkpatrick Bos

@kkirkbos

1 month

An educational 🧵on US sanctions. The Office of Foreign Assets Control, an enforcement agency of Treasury, is responsible for CIVIL enforcement of US sanctions laws. For civil (not criminal), OFAC can move on a strict liability basis - meaning no intent/no fault. /1

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I walk occasionally in the early AMs with a core group of lawyer mom friends, & one is moving away, so she sent us a beautiful email which referred to me as the "coolest" one of us with my "cool crypto language." 1st time I've ever been the coolest. I've peaked.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

On my way to #Consensus2023 & reminiscing about last year when it was 105 degrees just to get us nice & warmed up for #crypto hell 2022. But the best is yet to come in this space!

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I was at a (non-crypto) board mtg on Fri, & everyone viewed my move to @maplefinance w/ a mix of fascination & skepticism. Innovation has often been viewed w/ distrust in the past, but imp to keep your network diverse to be aware of & accommodate for dif levels of understanding.

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Katherine Kirkpatrick Bos

@kkirkbos

3 months

I'm a litigator that is both exhausted & exhilarated by all of the crypto litigation. Mainly exhausted, because ongoing litigation that is existential for the space is always going to be a barrier to entry for some risk-averse and/or publicly traded companies.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

@BillHughesDC Agree, it was extremely unclear! I took it to mean: ‘we have juris over everything, so everyone needs to register unless you have an exemption, & maybe here are some new exemptions,’ which to be fair is not a big departure from his current views. 🤦‍♀️

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Web3 often drives the ideas of engineers who want to work for innovation, verses the ideas of MBAs who want to solve specific problems. I love how @maplefinance does both w/ @syrupsid 's business/legal mind and @joe_defi 's boggling mastery of product & engineering. 🥞

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I've been considering & discussing the SEC's proposed amendment to Reg ATS more & more as the deadline for comments approach, & this is not (or SHOULD not) be existential for #defi . In no particular order: 1) brevity of comment period-arbitrary and capricious;

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Katherine Kirkpatrick Bos

@kkirkbos

9 months

I will not teach my small children how to balance a checkbook but I will definitely teach them how to deposit, trade, and swap #crypto . Big changes take time.

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

Just a reminder that just because you give something a different name, if it's exactly the same as something else under regulatory scrutiny, it doesn't give regulators pause. Le sigh.

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Katherine Kirkpatrick Bos

@kkirkbos

9 months

GX & RR - the best!!!

Greg Xethalis

@xethalis

9 months

Could not have asked for two better co-chairs for the #TechGC CryptoGC Offsite. @RebeccaRettig1 @kkirkbos

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Katherine Kirkpatrick Bos

@kkirkbos

2 months

The state of WI has bought nearly $100M in BlackRock Spot BTC ETF. We have now reached the point where states & pension funds are diversifying with #crypto exposure. The only remaining barrier to widespread crypto adoption is the lack of a clear set of regulatory guidelines.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Law students were always impressed by my global work travel but they didn't realize that working in Zurich = working 18 hr days in a windowless room in a suburban Z strip mall. Similar to a GC role - sounds cool but need a risk appetite & no one ahead if things go sideways!

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Just heard that @PractLawInst 's "SEC Speaks" - which features SEC leadership covering essential updates on SEC initiatives & priorities - is not taking place this yr. Extremely disappointing that this is one more door shut for potential communication & transparency.

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Katherine Kirkpatrick Bos

@kkirkbos

5 months

Outside counsel - never a good sign when your client sends an email saying 'following up.' Most of the time I want responsiveness & pragmatism over brilliance.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

I give the SEC credit for Gensler's "office hours" videos explaining crypto settlements. Why? The SEC is successfully breaking down things in a way the majority can understand. Crypto needs to improve on communicating externally in a clear, accurate, (broadly) understandable way.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

This would be an incredible opportunity for a student. What a boon to learn from @millercwl @RebeccaRettig1 @m_mosier_ @0xMarcB @jchervinsky and others!

DeFi Education Fund

@fund_defi

1 year

We are still looking to fill slots for our Fall internships! Don't miss out on this incredible opportunity to not only join an incredible team, but to help us shape the future of DeFi policy across the globe.

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Katherine Kirkpatrick Bos

@kkirkbos

8 months

Thanks for having me @ThinkCryptoPod ! If you don't listen until the end, you'll miss my favorite food (spoiler: it's a three-way tie between pasta, strawberries, & warm chocolate chip cookies).

Tony Edward (Thinking Crypto Podcast)

@ThinkingCrypto1

8 months

TradFi is taking over Crypto! Katherine Kirkpatrick of Cboe Digital joins me to discuss the wave of institutions entering the crypto market. @kkirkbos @CboeDigital WATCH ▶️ Topics: - Cboe Digital's Institutional #Crypto services - Collapse of #FTX and

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Katherine Kirkpatrick Bos

@kkirkbos

7 months

I can't take today. This is why we can't have nice things. 🤣

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

1/ After carefully reviewing the L-G bill, a few thoughts on its application to #DeFI . 1) CFTC auth. is good & bad - good to cede authority to less aggressive SEC, bad bc CFTC is under-funded and under-resourced, so query how the CFTC is going to keep up with rapid development.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

There is a long, long history of americans trying to ban things 1) they don't understand; 2) that threaten to undermine or change pockets of their economic life; 3) that seem scary; 4) that criminals use initially but ultimately regular people use too.

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Katherine Kirkpatrick Bos

@kkirkbos

3 months

The FTC issued a final rule banning noncompetes for the vast majority of workers. This is huge for medicine, buy side finance, & other industries. A good thing - non-competes stirred up a ton of disputes & were already basically uneforceable unless narrow in scope.

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Katherine Kirkpatrick Bos

@kkirkbos

4 months

As a GC I always enjoyed proactive, building, growth-oriented work more than reactive crisis management. But one of the most important things a GC can do is prep for a crisis. Incident response, roadmaps for regulatory issues, document retention, checklists, etc. Always prepared.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Really enjoyed speaking to the @techgc_co Crypto GC population along with Alex Levine of @dapperlabs & Jonathan Gould of @BitfuryGroup . We scratched the surface on crypto regulatory issues! Thanks to @TechGC for fostering such a great community of GCs.

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Katherine Kirkpatrick Bos

@kkirkbos

7 months

Heartened to hear that a trio of super PACs backed by #crypto have raised a respectable $78M in 3 months. The litigation & regulatory action we see now will likely be completely upended by crypto market structure legislation. Industries have been fueled or kneecapped by new laws.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Gensler's speech today is his most unequivocal to date. Securities laws cover "all corners of the securities markets" which include crypto. Sec laws are equally applicable, no matter the underlying technology. "Vast majority" of tokens are securities.

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Finally reviewed the IMF's global stability report, which recognized the explosive growth of #DeFi . LOVE the acknowledgment of DeFi's greater efficiency & the suggestion of an industry SRO. Don't love the discussion of code regulation & restrictions to "slow the pace of growth."

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Feeling VERY bullish on #crypto after spending a couple days with a gold star group of crypto GCs at the @techgc_co #CryptoGC retreat. Energy, creativity, passion, ethics, charisma, intelligence, good humor, humility - so many great lawyers are in this space!

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Katherine Kirkpatrick Bos

@kkirkbos

11 months

Big morning. FYI, the SEC doesn't have to bulk approve BTC ETFs. This decision means the SEC must go back and re-review Grayscale's application (which will likely be revised). This is all a marathon, not a sprint, but nice to have a water break occasionally...!

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

Do not neglect state law compliance. It is onerous, particularly as more states move to implement "BitLicense-esq regimes", but if you're regulated #crypto , you can't really choose how you're regulated - states will decide what is applicable. Know before you go [into a state]!

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Katherine Kirkpatrick Bos

@kkirkbos

6 months

Incredible to see a panel - going on now - of the FDIC, SEC, Fed, CFTC, & OCC talking about tokenization. This has always been more digestible than crypto assets (tradfi & regulators think of it as digitization) but I love to see the open discussion.

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Katherine Kirkpatrick Bos

@kkirkbos

10 months

Loved ‘crypto & cocktails’ tonight & LOVED seeing one of my fave lawyer rockstars @JadeRoutson #womeninwhitecollardefense #WWCDA #crypto @FTIConsulting

Jade R

@JadeRoutson

10 months

I have the smartest friends #WWCDA #Crypto @kkirkbos

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

I like these memos, however, & drafted them for clients when I was in the private sector, bc it enables you to thoughtfully & carefully parse out & pressure test your arguments, & consider modifications (to comms, functionality, structure, etc.) as necessary & appropriate.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

Reviewed yet another agreement today that required notices sent by 'certified mail, return receipt requested.' Can we all agree in 2023 that e-mail notices are more reliable to USPS certified mail?

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

"This is a paradigm shift in how we think about money and value." 👏Time for everyone to acknowledge value in all its many forms, and collaborate accordingly.

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Katherine Kirkpatrick Bos

@kkirkbos

1 year

May I just say I have reached max nerd status by texting my husband "BIG DAY RIPPLE WIN" & being unable to resist boring all of my (non-crypto) colleagues who have the misfortune of running into me in the hallway w/ breathless analysis of the implications of this decision? #XRP

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Katherine Kirkpatrick Bos

@kkirkbos

4 months

Got a message today from a recruiter seeking a ‘General Council’ 😳

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Katherine Kirkpatrick Bos

@kkirkbos

2 years

Just realized this AM that @maplefinance has an entire Mape Community @discord channel - "🌞gm" - dedicated to people saying gm to each other, often with cheerful emojis. Made my morning! gm to all! #defi

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