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legalforms's Introduction

DISCLAIMERS FOLLOW: Please review and be advised of the following:

I am a lawyer admitted to practice in New York and New Jersey.

DISCLAIMER OF ATTORNEY – CLIENT RELATIONSHIP

Unless we have entered into a written engagement letter providing for paid legal services, I am not your lawyer and do not represent you or your interests and, in each case, such representation is qualified by any limitations set forth in such engagement letter, including with respect to scope.

From time to time, I may engage in "autonomous lawyering," adhering to the principles further set forth here. When analyzing or discussing law or situations involving legal issues under the principles of autonomous lawyering should be construed as work product that is the result of representing myself or acting non-representationally in the context of belonging to a community of incentive-aligned supporters of a decentralized technology system. As such, no attorney-client relationship exists between myself and these communities and the persons in them are not my clients, should not rely on any work product produced, and will have no expectation of confidentiality (nor do I have any intention to treat their information as confidential) or that attorney-client privilege exists. Thus, in engaging in autonomous lawyering, and with respect to any work product produced, I am acting on my own behalf, whether or not such work product is produced by a community of like-minded individuals, but will seek to provide accurate and honest information with respect to my work product and my role while observing my general nonrepresentational professional responsibilities such as demonstrating respect for the legal system.

USE AT YOUR OWN RISK

For the avoidance of doubt, I assume no responsibility or liability for any errors or omissions in any work product that is a result of autonomous lawyering efforts. Any views expressed, analysis or other work product are provided “as is” for public discourse and discussion purposes only on matters of interest with no guarantees of completeness, accuracy, usefulness or timeliness and without warranty of any kind, express or implied. You are cautioned not to rely on, and if my work product in autonomous lawyering contexts proves to be inaccurate, there will be no legal recourse against me and an injured party will not be covered by malpractice insurance.

As such, reviewing any work product reviewed should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. In no event will I or my non-legal advisory practice, LF Advisory, or the agents, employees or affiliates thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in any work product or for any consequential, special or similar damages, even if advised of the possibility of such damages.

VIEWS EXPRESSED DISCLAIMER

In engaging in autonomous lawyering, I am not acting on behalf of my law firm or any other employer of mine, nor on behalf of my clients (i.e., those with whom I have signed engagement letters providing that I will act as their attorney). Any views or opinions expressed in work product or otherwise in furtherance of autonomous lawyering are mine and do not reflect the opinions or views of my firm, or other employer or organization with which I am affiliated.

I currently engage in autonomous lawyering in the following communities and have the following economic interests therein:

  • LeXpunK Army
  • LeXpunkDAO1

In addition to the above, I am General Counsel of 1kx (https://1kx.capital) and a co-founder of Thing3, a service DAO that connects operational support to recently launched projects. I also provide business consulting, corporate advisory and other non-legal services to various crypto-native communities and traditional companies through various other entities and businesses. Through these businesses and my personal investment activities, I have direct and indirect economic interests in a number of companies, projects & investment vehicles. I use my reasonable commercial judgment to advise parties of specific potential or actual conflicts of interests, consistent with my obligations and good business practices.

I also hold non-immaterial amounts of ETH, BTC, a number of DeFi tokens & various stablecoins

I disclaim any responsibility to keep these disclosures up to date, but currently anticipate updating them from time to time to reflect the changes I deem sufficiently material to warrant disclosure.

Last updated: 21 Feb 2024

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legalforms's Issues

could be prejudicial re: DAO status

good form but:

  • if a DAO uses this it's basically stipulating that it is some type of unincorporated legal person that can enter into contracts etc. (which may be prejudicial re: certain regulatory issues etc.)
  • if "the DAO" breaches the agreement, could be quite hard for the "contributor" to get a remedy (especially for a 'protocol DAO' with widely dispersed ownership etc.)

Suggest restructuring for entity that wraps a DAO (for those DAOs that have such wrappers) or entity acting as proxy for DAOs (e.g., Opolis-type entity). Or add notes about assumptions (e.g., that DAO wants to be treated as a legal person and perhaps does not have widely dispersed ownership such that enforcement by contributor would be plausible).

Another way to go would be to restructure as some kind of single-sided acknowledgement by the Contributor saying Contributor is entering into contribution with a certain understanding (not necessarily making that understanding a contract with "the DAO" but still building evidence for downside protection against certain types of legal claims (e.g. employment)).

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