Cryptocurrency is currently gaining popularity around the world as it builds better investment opportunities for several business sectors including the financial and banking industry. However, along with its soaring prominence, issues such as insolvency, crypto-backed finance, valuation claim risks, and digital asset restructuring challenges also emerge.
Uncertainty about the legal status of digital assets and how people use them in financial transactions raise novel issues in bankruptcy. Companies and individuals who invest in or conduct business using cryptocurrency need to understand how a bankruptcy proceeding may affect their rights. This, in turn, demands a sophisticated comprehension of the interplay between U.S. bankruptcy laws, the Uniform Commercial Code, and other applicable laws.
In this CLE program, bankruptcy and restructuring lawyers David A. Mawhinney (Bowditch & Dewey LLP) and James Sullivan (Windels Marx Lane & Mittendorf, LLP) will help related practitioners and professionals plan their way through the recent trends and developments in bankruptcy and cryptocurrency. Speakers, among other things, will also offer helpful insights in carefully managing legal issues and challenges.
Key topics covered in this webinar will include:
The Basics of Cryptocurrency
Cryptocurrency as Collateral in Secured Transactions and Margin Trading
Debtor’s Use of Cryptocurrency in Bankruptcy
Smart Contracts and Smart Loans
Creditor Rights and Duties
Avoidance and Recovery of Cryptocurrency Transfers
DAVID A. MAWHINNEY is an attorney at Bowditch & Dewey LLP in Framingham, MA, where he advises clients in commercial disputes, restructuring, and insolvency. He began his career clerking for the Hon. Frank J. Bailey of the U.S. Bankruptcy Court for the District of Massachusetts. From 2013 to 2020, he was an associate in the restructuring and insolvency group at K&L Gates LLP in Boston. In 2019, Mr. Mawhinney was appointed by the United States Trustee’s Office to serve as a Subchapter V Trustee for Region One. In 2020 and 2021, Mr. Mawhinney was recognized by Chambers USA as a leading lawyer in Massachusetts for Bankruptcy and Restructuring. He is the current Chair of the National Association of Bankruptcy Trustees’ Committee of Subchapter V, and a member of the Boston Bar Association. He is a graduate of Boston College and Boston College Law School.
James M. Sullivan, Partner Windels Marx Lane & Mittendorf, LLP
James Sullivan’s primary practice focus is corporate restructuring and bankruptcy, distressed situations and complex commercial disputes. He brings a wealth of experience representing corporate debtors, banks, secured and unsecured creditors, creditors’ committees, trustees and distressed investors in large Chapter 11 cases. James is honored with a listing in New York Super Lawyers® and is rated AV Preeminent™ in his field by Martindale-Hubbell. He was also recognized in the 2019 New York’s Top Rated Lawyers, published by the New York Law Journal. He regularly authors and lectures on numerous topics concerning bankruptcy, including the recently amended small business provisions of the Bankruptcy Code.