#133 - Liability on smart contract developers: Roman Storm case with Jake Chervinsky and Amanda Tuminelli

Law of Code

After the DEF submitted an amicus brief in the Roman Storm matter, which involves Tornado Cash, I spoke with the two authors:

Amanda Tuminelli serves as the DeFi Education Fund's chief legal officer where she leads the organization's impact litigation and policy efforts.

Jake Chervinsky recently joined Variant as Chief Legal Officer, where he leads the firm's legal team, and works closely with portfolio founders to overcome the regulatory hurdles holding them back. He’s a board member for the DeFi Education Fund.

Show highlights:

[1:32] Roman Storm and Tornado Cash

[10:53] The role of the DEF in matters like this

[13:31] Three theories of criminal liability for software developers

[18:50] Why the government brought this case

[22:18] Terminology: Property interests, possession, control

[23:07] The future of this case

& much more.

Mentioned: Cravath paper on control.

Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.