Robert A Schwinger

November 21, 2022 | New York Law Journal

Ethereum's effectuation of the "Merge" was a technological tour-de-force with significant environmental upsides in reducing energy consumption and perhaps facilitating continued future innovation in the blockchain space. But unsettled fundamental legal questions remain.

By Robert A. Schwinger

17 minute read

September 26, 2022 | New York Law Journal

'Mullane' teaches that when faced with a lack of feasible alternatives, courts may authorize non-standard methods of substituted service that are "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."

By Robert A. Schwinger

23 minute read

July 25, 2022 | New York Law Journal

Is it overreach to extend long-familiar laws and procedures from our analog courts to activity in this new virtual domain?

By Robert A. Schwinger

18 minute read

May 23, 2022 | New York Law Journal

"At least for some users, part of the appeal of using cryptocurrency is the perceived anonymity it seemingly offers. But increasingly, judicial decisions and governmental enforcement activity show that this perception is mistaken." In his Blockchain Law column, Robert Schwinger discusses recent developments that show how courts and enforcers have embraced using blockchain technology.

By Robert A. Schwinger

16 minute read

March 21, 2022 | New York Law Journal

What exactly are decentralized autonomous organizations, or "DAOs"? How do they operate? What are their advantages? Pitfalls? How do they compare to traditional legal entity structures, such as corporations and limited liability companies? In his Blockchain Law column, Robert Schwinger digs deep to explain.

By Robert A. Schwinger

20 minute read

January 24, 2022 | New York Law Journal

In his Blockchain Law column, Robert Schwinger takes a closer look at the "unsung players" in the blockchain world—the miners and validators who keep the blockchain infrastructure functioning. Who are they, what do they do, and what legal issues might they face?

By Robert A. Schwinger

19 minute read

November 22, 2021 | New York Law Journal

In his Blockchain Law column, Robert Schwinger raises the question: "How far is too far when it comes to litigating crypto in the United States?"

By Robert A. Schwinger

17 minute read

September 27, 2021 | New York Law Journal

As FinTech innovation and products take more ambitious and creative forms, it seems regulators have become more ambitious and creative themselves, and no less determined to act. Robert A. Schwinger explores recent developments in this edition of his Blockchain Law column.

By Robert A. Schwinger

16 minute read

July 19, 2021 | New York Law Journal

Consumers and businesses should be able to control their financial assets and investments through use of electronic cryptocurrency platforms with confidence. What happens, however,  when these platforms do not function properly or the platform operators work against their own users? Does the user have any remedies? A series of rulings over recent months provides little encouragement for plaintiffs.  

By Robert A. Schwinger

18 minute read

May 24, 2021 | New York Law Journal

In this edition of his Blockchain Law column, Robert A. Schwinger discuses a recent magistrate judge ruling in a dispute over actions taken by various parties in connection with a cryptocurrency "fork", which addressed the question of whether those parties' conduct constituted anticompetitive activity barred by federal antitrust law.

By Robert A. Schwinger

17 minute read