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Bitcoin and Blockchain in Litigation

Level: Advanced
Runtime: 63 minutes
Recorded Date: December 19, 2017
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1:00 pm - 2:00 pm
  • What is Bitcoin?
  • What is a Blockchain?
  • Blockchain Applications
  • Smart Contracts: Termination Provisions
  • State Law Regulations
  • Survey of Civil Litigation
  • Case Study: Decentralized Autonomous Organization
  • Federal Treatment of Virtual Currencies
  • Taxation
Runtime: 1 hour and 3 minutes
Recorded: December 19, 2017


A consensus is emerging that regardless of whether Bitcoin lasts as a digital currency of the future, the underlying technology, referred to as blockchain, is here to stay. Now more than ever, understanding the legal implications surrounding Bitcoin and blockchain is necessary.

This presentation provides a lay summary of Bitcoin and blockchain technology; reviews recent litigation concerning Bitcoin and blockchain applications; and explores the implications that Bitcoin and blockchain have for a wide variety of legal issues, including securities regulation, data security, corporate governance, so-called smart contracts, ediscovery, and more.

This program was recorded on December 19th, 2017.

Provided By

American Bar Association
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Eun Young Choi

Cybercrime Coordinator & Adjunct Professor of Law (Cornell Law School)
U.S. Attorney's Office for the Southern District of New York

Eun Young Choi is an Assistant United States Attorney for the Southern District New York, where she serves as the Office’s Cybercrime Coordinator and investigates and prosecutes cyber-related crimes, with a particular focus on network intrusions, digital currency, the dark web, and national security investigations. During her tenure at the U.S. Attorney's Office, she has served as the lead prosecutor on a variety of cases, including the investigation of those responsible for the intrusion of and largest-ever theft of customer data from U.S.-based financial institutions, brokerage firms, and financial news publications; an unlicensed Bitcoin exchange and the bribery of a former CEO of a credit union in furtherance of the Bitcoin exchange’s operations; and a business email compromise scheme that targeted two U.S.-based multinational Internet corporations resulting in the loss of over $100 million. Ms. Choi has represented the Government at numerous trials and appeals, including arguing the appeal before the Second Circuit in the case against Ross Ulbricht, the founder and chief administrator of the Silk Road underground website, which was responsible for the sale of over $200 million worth of illegal narcotics and other contraband over the Internet, using the Tor network and Bitcoin.

Prior to joining the U.S. Attorney’s Office, she was an associate at Williams & Connolly LLP, and served as a law clerk to the Honorable Reena Raggi of the United States Court of Appeals for the Second Circuit and the Honorable Naomi Reice Buchwald of the United States District Court for the Southern District of New York. She is a graduate of Harvard Law School and Harvard College.

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Alex More

Carrington, Coleman, Sloman & Blumenthal, LLP

If you ask Alex’s clients, they will consistently share that they value his strategic approach to problem solving—understanding the client’s objectives, assessing the parties’ perspectives, and working through conventional and novel solutions until the right one fits. Clients engage Alex as offsite general counsel to advise on a wide range of issues including corporate governance, compliance, and negotiation, and Alex has depth of experience in litigation, specifically including litigating fiduciary duties, securities matters, and fraud.

Alex’s clients include public companies and their officers and directors, private companies and business owners, and individuals working in the securities, health care, energy, aviation, automotive, real estate, and other industries.

Alex has also focused on the development of virtual token and blockchain technology over the past several years, and counsels clients regarding legal risk and compliance in connection with virtual token and blockchain issues.

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Dustin S. Sachs

Associate Director
Navigant Consulting, Inc.

Dustin S. Sachs is an associate director in the global Legal Technology Solutions practice. He leads the digital forensics and collections team for Navigant, and also works with the Information Security team on proactive and reactive cybersecurity matters. He assists with all phases of the forensic and information security process from planning and collection to analysis and reporting so that attorneys, auditors, and investigators can make informed decisions. He provides objective assessments of digital evidence in matters related to legal or ethical issues, data breach incidents, theft of valuable information, and other corporate investigations.

For more than a dozen years, Dustin has analyzed thousands of computer laptops, desktops, servers, and mobile devices in the support of civil and criminal litigation and internal investigative matters. He has received extensive training in digital forensics, evidence handling, and computer investigations.

Additionally, Dustin is a frequent speaker and author on cybersecurity, e-discovery and digital forensics.

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