Law of Code

#161 - Jason Gottlieb on litigation trends, relevant statutes of limitations

Nov 17, 2025
In a riveting conversation, Jason Gottlieb, Chair of Morrison Cohen’s Digital Assets Department, delves into the shifting landscape of crypto litigation. He discusses the move from regulatory to private disputes and explains the intricacies of statutes of limitations. Gottlieb highlights the crucial role of amicus briefs in educating judges and the challenges judges face in understanding crypto. He also tackles the complexities of stablecoin freezing disputes and emerging judicial trends in jurisdiction battles, providing valuable insights for anyone interested in the evolving world of crypto law.
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INSIGHT

Searchable Crypto Litigation Tracker Exists

  • Morrison Cohen built a searchable Crypto Litigation Tracker to compile regulatory and private crypto cases with linked statutes and materials.
  • The tracker is free, sortable by statutes, causes, and includes primary source links for practitioners.
INSIGHT

Judicial Tech Explanations Matter

  • Well-reasoned judicial explanations of crypto tech help the wider bench learn and shape consistent law.
  • Poor analogies can mislead judges and create harmful legal precedents, so accuracy matters.
ADVICE

Explain Functionality, Not Metaphors

  • Write concise, technically accurate explanations for courts and cite prior thorough decisions to save space.
  • Avoid misleading analogies; focus on the protocol's actual functionality when arguing legal applicability.
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