Agenda
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Day 1 - Tuesday, June 13, 2023
Day 2 - Wednesday, June 14, 2023
| 8:15 |
Networking Breakfast |
| 8:55 |
Conference Co-Chairs’ Opening Remarks |
| 9:00 |
Understanding the FTX and Three Arrows Scandals: The Inside Track on What Went Wrong |
| 10:00 |
Fireside Chat with the Crypto Natives |
| 11:00 |
Extended Networking Break |
| 11:30 |
The Big DebateTo Regulate or Not to Regulate: Is a One-Size-All Approach Right for the Crypto Sector? |
| 12:30 |
Property or Not: Crypto and Digital Assets as Protectable Assets? |
| 1:30 |
Chair Closing Remarks and End of Conference | Thank you! |
Day 1 - Tuesday, June 13, 2023
| 8:30 |
Registration and Networking |
| 9:00 |
Co-Chairs Opening Remarks Dani Haston  Dan Wyatt |
| 9:15 |
CRYPTO AND DIGITAL ASSET PRIMERUnderstanding, Detecting and Recovering Crypto and Digital Assets: Developing an Understanding of What Digital Assets Are, and Common Misconceptions that Can Derail Your Case Michael Adkins  Marc Jones  Jessica Lee  Leonardo Real For many fraud and asset recovery practitioners, the areas of digital assets and smart contracts are not well understood and create a variety of issues and challenges. Join us in this two-part session as we:
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| 10:30 |
DeFi Litigation and the Legal Duties of Blockchain Developers: The Ongoing Impact of the Tulip Trading Appeal Matthew Lavy  Sheila Ng  Mohamed Sacranie  Benjamin Bathgate As a result of the Tulip Trading matter, the UK Court of Appeal has in essence found that the developers of a given network may be a sufficiently well-defined group to be capable of being subject to fiduciary duties; in that “property” has been entrusted into the care of the developers — the developers therefore may have fiduciaries. The Court of Appeal has ruled that those claims give rise to a “serious issue to be tried” and should therefore proceed to a full trial in London. Join us in this critical discussion as we look at:
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| 11:30 |
Networking Break |
| 12:00 |
Unpacking the Knowns and Unknowns of Handling Crypto Disputes: The Newest Lessons Learned for Practitioners – and What it Takes to Recover for Your Client Sophie Eyre Dani Haston  Evelyn Baltodano-Sheehan  William E. Turner A lot has been said about the high-tech nature of blockchain and cryptocurrency; and has created numerous challenges for fraud and asset recovery practitioners – particularly around the standard suite of relief for fraud victims. The unknowns and new lessons in crypto fraud and asset tracing expand every day, and as you expand your practice and expertise, you cannot afford to fall behind in this emerging area of law. In addition, there is a lot of uncertainty regarding the underlying substantive crypto claims relating to fraud, where there arguably remain more questions than answers. Join this session to take a deeper dive into crypto disputes and consider issues such as:
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| 1:00 |
Networking Lunch |
| 2:15 |
Crypto Exchanges, their Duties of Care and Liability: When Can a Crypto Exchange Be Found Negligent for Failing to Prevent Fraud of a Customer or Shareholder Josh Kemp  Justina Stewart Dan Wyatt  Wern-Jhien Yam Crypto Exchanges and their employees are usually in a position that may enable them to spot and block or report suspected fraud. But what about civil liability for failing to spot potentially fraudulent behavior? For Exchanges there is the particular problem of the civil liability imposed on them for failing to spot fraud negligently (as opposed to deliberately). Does an Exchange owe a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries? Join us in this session as we discuss some of the scenarios in which an Exchange can be liable for fraud; and the barriers to recovery. |
| 3:15 |
Networking Break |
| 3:45 |
Crypto Fraud in Emerging Markets: Detecting Fraud and Tracing Digital Assets in “Unbanked” Jurisdictions Sam Goodman  Saima Hanif KC  Rachael Muldoon  Bushra Ahmed Crypto and fintech startups are originating in many markets that do not have well-established banking systems. This has led to increasing uncertainty in the ways that foreign investors approach opportunities in these new markets. The lack or established regulation and potential for widespread fraud provides crypto fraudsters with numerous opportunities to execute their tactics and explore multiple ways to commit digital asset fraud. Be sure to join us in this session as our panelists explore strategies for detecting and preventing fraud in these new markets; along with ways to track and recover fraudulently obtained digital assets in jurisdictions without established case law and regulatory agencies. |
| 4:45 |
How to Actually Make a Recovery for Your Client? Law v. Persons Unknown: The High Court’s Imaginative and Novel Avenue of Relief for Victims of Crypto Fraud – That All Practitioners Should Know About Ashley Fairbrother  Carmel King  Mark Taylor |
| 5:30 |
Networking Drinks Reception |
Day 2 - Wednesday, June 14, 2023
| 8:15 |
Networking Breakfast |
| 8:55 |
Conference Co-Chairs’ Opening RemarksDani Haston Dan Wyatt |
| 9:00 |
Understanding the FTX and Three Arrows Scandals: The Inside Track on What Went Wrong Grant Carroll  Tara Archer-Glasgow  Adam Fee The FTX and Three Arrows scandals have made it clear that corporate mismanagement in crypto businesses are looming as existential threats in the Fraud and Asset recovery landscape. Join us for this session to learn about what really happened at FTX and Three Arrows, labeled as unprecedented situations resulting from a “complete failure of corporate controls and a complete absence of trustworthy financial information”. We will discuss many aspects of the scandal and their broader applicability to pending and upcoming cases, including:
|
| 10:00 |
Fireside Chat with the Crypto Natives Anoosh Arevshatian  Charlotte Meyer  Melisa Ortes Gonzalez Join us in this informative session as our panel of crypto experts offer detailed responses to many of your most burning questions, such as:
|
| 11:00 |
Extended Networking Break |
| 11:30 |
The Big DebateTo Regulate or Not to Regulate: Is a One-Size-All Approach Right for the Crypto Sector? Howard Fischer  Syed Rahman  Steven Rees Davies  Nicosia Lawson The Treasury intends to bring regulation of crypto assets within the regulatory framework that was created by the Financial Services and Markets Act 2000. The Treasury believes that this will lead to greater confidence in crypto and increased credibility and regulatory clarity; along with strengthening the rules around financial intermediaries and custodians. On the other side of the coin however, some crypto fraud practitioners believe that any measures introduced as a “rapid reaction” to crypto-related scandals may do more harm than good. Join this animated, informative debate as our experts discuss the pros and cons of proactive and reactionary implementation of the proposal. |
| 12:30 |
Property or Not: Crypto and Digital Assets as Protectable Assets? Charlotte Bhania  Sarah Murray  Abraham Vergis NFTs are the next big thing in the world of digital assets, but they are not globally accepted as a distinct form of legal property. Several jurisdictions have recently held that NFTs are protectable digital assets and a form of legal property, while others are still grappling with the issue of NFT property rights. Join us in this session as our experts share several different perspectives and recent case law decisions in this growing area by discussing:
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| 1:30 |
Chair Closing Remarks and End of Conference | Thank you! |