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Course overview

The recent increase in value of cryptoassets as an investment class along with media coverage associated with high profile large investors has resulted in regulators warning investors to be cautious of the associated volatility risk. Against the background of these recent developments, we’re seeing increasing demand for legal advice in this area.

This short mini-series of three pre-recorded training sessions serves as an introduction to the regulation of cryptoassets in key jurisdictions and is intended for those without prior experience in this area.

Crypto Boot Camp will cover:

  • Session 1: A primer on the basics of crypto, including how we got to where we are, how crypto works, use cases and types of cryptoasset, key infrastructure and related considerations
  • Session 2: A panel discussion on crypto regulation in the EU, Switzerland, the UK and the USA
  • Session 3: A panel discussion on crypto regulation in APAC jurisdictions, covering Australia, Hong Kong, Japan, Singapore and Thailand

You are encouraged to view Session 1 before viewing Sessions 2 and 3. If you have any questions regarding these trainings, please contact Emma Dunbar.

Please note: the high-level guidance provided in these sessions is not intended to be comprehensive legal advice.

Session 1: Crypto Primer

A primer on the basics of crypto, including how we got to where we are, how crypto works, use cases and types of cryptoasset, key infrastructure and related considerations

Speakers: Sue McLeanSam KramerRoger van de Berg

Session 2: Crypto regulation in the EU, Switzerland, the UK and the USA

A panel discussion on crypto regulation in the EU, Switzerland, the UK and the USA

Moderator: Mark Simpson
Speakers: Iris BarsanJennifer ConnorsA. Valerie MirkoSam KramerJulian HuiYves MauchleChristopher Murrer

Pre Reading Materials
> > Crypto Around the World
> > The Kalifa Review – Reshaping financial services regulation
> > UK: A review of HMT’s proposed cryptoassets regime – and how it compares to MiCA

Session 3: Crypto regulation in APAC jurisdictions

A panel discussion on crypto regulation in APAC jurisdictions, covering Australia, Hong Kong, Japan, Singapore and Thailand

Moderator: Gavin Raftery
Speakers: Bill FuggleStephanie MagnusKaren ManKullarat Phongsathaporn

Pre Reading Materials
> > Cryptoasset regulation
> > Crypto around the world: Cryptoassets regulatory update around the world in 20 questions

These training sessions were previously recorded in April and May 2021.

Author

Sue specialises in technology and had been advising on technology projects for over 20 years. She advises clients (both customers and vendors) on a wide range of technology matters, including outsourcing, cloud, digital transformation, technology procurement, development and licensing, m/e-commerce, AI, blockchain and data privacy. Sue also advises on the commercial, technology and intellectual property aspects of M&A transactions and joint ventures. Her clients include some of the world's best known tech companies and multinational corporations. She also enjoys working with emerging and growth companies. Sue is the Firm’s co-chair of the EMEA Financial Services Industry Group and co-chair of the Firm's UK FinTech practice. Sue was named TMT Lawyer of the Year at the Euromoney Women in Business Law Awards 2019.

Author

Samuel G. Kramer’s practice focuses on multi-jurisdictional outsourcing, complex technology licensing, commercial contracting, and supply chain agreements and integration. He is frequently involved in outsourcing transactions and large scale IT services projects. Mr. Kramer also focuses on emerging technology services, including mobile virtual network operator (MVNO) transactions. He is the North American coordinator of the Firm’s MVNO practice.

Author

Roger van de Berg, a Legal Director in the Amsterdam office's Indirect Tax group, provides practical solutions and hands-on advice mainly on VAT and other indirect taxes. His work includes advising on European and Dutch VAT aspects of cross-border transactions, M&A, due diligence, supply chain restructuring, fiscal representation matters, holding companies, margin scheme rules and compliance issues. Roger regularly speaks at conferences on VAT, due diligence and bitcoin/blockchain technology. He also wrote on the EU VAT treatment of bitcoins in the Weekblad Fiscaal Recht (Weekly Tax Law) as well as a formal recommendation to the OECD with respect to the taxation of cryptocurrencies in Europe.

Author

Mark heads the Financial Services & Regulatory (FSR) practice group in London and co-leads the FinTech group. He also acts as Chair of the FSR practice for the EMEA region and sits on the Global FSR Steering Committee. Mark is ranked as a Leading Individual in Legal 500 2022 for Financial Services (Non-Contentious Regulatory) and is individually ranked in Chambers 2022 for FinTech. He is described in these publications as being "very knowledgeable" and "very approachable" with "a wonderful range of FinTech experience" and as someone who is "clear, commercial and pragmatic and understands all the issues in detail." He has authored a number of articles and contributions for leading journals and other publications, most notably the Journal of International Banking and Financial Law, the International Guide to Money Laundering Law and Practice, and A Practitioner's Guide to the Law and Regulation of Financial Crime.

Author

Iris Barsan joined Baker McKenzie in October 2019 after practicing as a lawyer in a Franco-German law firm. Prior to that, Iris worked for several years in the legal department of the Prudential Control and Resolution Authority and as a financial lawyer in a French banking group (insurance and investment banking). Iris holds a doctorate in French and German law, an LL.M. from the University of Cologne and is a former student of the ENA (Willy Brandt promotion). In addition to her practice as a lawyer, Iris is an assistant professor at the University of Paris XII. She teaches company law (French, European and comparative), European business law, financial regulation and personal data and new technologies law.

Author

Jennifer Connors is a partner in Baker McKenzie's Financial Regulation and Enforcement Practice Group. She represents broker-dealers, investment advisers, alternative trading systems (ATSs), private fund managers, financial technology (FinTech) companies and other market participants on securities law and market regulation matters.

Author

A. Valerie Mirko is a partner in Baker McKenzie’s Financial Regulation and Enforcement Practice Group in North America. Valerie has substantial experience in federal and state securities laws and regulations affecting the financial services industry, with a focus on the investment adviser and brokerage industries. Valerie has a background in both regulatory advice and enforcement counseling. Immediately prior to joining the Firm, Valerie was General Counsel of the North American Securities Administrators Association (NASAA). As General Counsel, Valerie advised NASAA’s Board of Directors on developments in the federal securities laws and their impact on state securities regulations. Valerie provided advice on, among other areas, the SEC Regulation Best Interest rule set, fiduciary duty/standards of care, preemption, retail enforcement issues, investment adviser oversight, and data privacy. She also supervised all of NASAA's securities-related legal work and was a resource on multistate enforcement investigations and settlements. Valerie also provided governance support on key NASAA Regtech projects and regulatory coordination initiatives between state and federal regulators. Valerie was a frequent speaker at regulator-only roundtables and training events. Earlier in her career, Valerie advised broker-dealers and investment advisers on regulatory matters and enforcement investigations as an associate at a Washington law firm and held legal and compliance roles at Oppenheimer & Co., Inc., and Merrill Lynch (now BofA Securities). Valerie is currently a member of the adjunct faculty at the George Washington University Law School and a subcommittee chair within the DC Bar Corporation, Finance, and Securities Law Community.

Author

Julian is a senior associate in Baker McKenzie's Financial Services Group in London. Julian advises financial institutions including international and local fintechs, investment and retail banks, asset managers, investment advisers, payment services firms and product issuers on compliance with UK and European regulatory obligations. Julian also has experience in advising on the spectrum of regulated financial services and products including deposit products, payment accounts and electronic money products, consumer credit, insurance, derivatives, managed funds, structured debt and equities. Julian has completed a secondment to UBS AG and Western Union Business Solutions, in their in-house legal and compliance teams. Duties included advising equity derivatives, fixed income derivatives and equities teams on general commercial and regulatory issues. He is currently on secondment from the Australian offices of the Firm and has extensive experience with both Australian and English financial regulation.

Author

Yves Mauchle is an associate in Baker McKenzie’s Corporate Finance Practice Area in Zurich. He joined the Firm in 2011 as a trainee lawyer and later rejoined as an associate. Prior to his return, Yves worked as an associate lecturer and research assistant at the University of Zurich, where he was a member of the University Research Priority Program "Financial Market Regulation." He was awarded the Professor Walther Hug Prize and the Issekutz Prize for his dissertation in the field of bank resolution. He completed a four-month full-time secondment with UBS, further developing his knowledge in the areas of bank regulation and capital markets.

Author

Christopher Murrer is an associate in the FinTech, International Tax and Wealth Management practice groups of Baker McKenzie Zurich. He joined the Firm after practicing for seven years as tax and wealth planning attorney in New York and Washington, DC.

Author

Gavin Raftery is a partner of the firm's Banking & Finance group, and he is currently a member of the Tokyo office Management Committee. Gavin is also one of the heads of Baker McKenzie's Global Fintech Initiative. He has extensive experience practicing finance law in Australia, the UK and Japan. He is listed as a leading lawyer for Banking and Finance in Japan by Chambers, Legal500 and IFLR.

Author

Bill Fuggle is a partner in the Sydney office of Baker McKenzie where he is a leading adviser in innovative listed investment products, fintech and neobanks, financial services regulatory advice, fund formation and capital markets.

Author

Stephanie Magnus co-heads the Asia Pacific Financial Institutions Group and heads up the Financial Services Regulatory Practice Group in Singapore. Stephanie is ranked Band 1 for FinTech in Singapore by Chambers FinTech 2020. She is also ranked as a Leading Individual for Financial Services Regulatory: Local Firms in Singapore by Legal 500 Asia Pacific 2020. She is recognised as a leading lawyer for Banking & Finance: Regulatory in Singapore by Chambers Asia Pacific and Chambers Global 2020. Stephanie was quoted in Chambers Asia Pacific for her "timely, practical and business-oriented" advice, with a "deep understanding of the regulatory regime." She is also recognised as "very business-savvy and brilliant every time," and is admired for her "very strong grasp of the legal issues from both a technical and practical perspective."

Author

Karen Man is a partner in Baker McKenzie’s Financial Services group, leading the non-contentious Financial Services Regulatory practice. Her clients include global, Chinese and local banks, fund managers, brokers/dealers, money service operators and fintech firms. Karen is admitted to practice in Hong Kong, the UK, and Australia.

Author

Kullarat is a partner in the Financial Services Practice Group at Baker & McKenzie Ltd. She is recognized in banking and finance, securities, derivatives and structured finance, FinTech, e-payment, venture capital, exchange control, anti-money laundering / counter terrorism financing, and financial and tech-related laws and regulations. She leads the FinTech team at the Bangkok office. Kullarat has assisted the largest and fastest growing companies in and outside Thailand on matters related to the use of technology and digitalization in financial markets, including both money and capital markets.

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