February 2024 - cypherpunks@lists.ogf.org

The Role of ATE Insurance in the Post Office Scandal - Litigation Finance Journal
by Gunnar Larson 22 Feb '24

22 Feb '24

https://litigationfinancejournal.com/the-role-of-ate-insurance-in-the-post-… The Post Office scandal has brought the role of litigation funding in opening access to justice to the fore, with the media coverage generating fresh opportunities for funders to talk about their vital role in supporting victims of a miscarriage of justice. However, it is equally important to recognise the role that litigation insurance played in supporting the sub-postmasters legal campaign. In an article for Insurance Post, Alan Pratten, chair of M&A, litigation and tax insurance solutions at Gallagher, provides new insights into the use of after-the event (ATE) insurance in the postmasters litigation. Pratten goes into the nuances and challenges that were overcome as an insurance broker, working in tandem the postmasters legal team which was led by James Hartley, partner at Freeths. Pratten explains that the claimants’ legal teams had struggled to secure ATE initially, with one of the primary issues being that ‘many of the claimants, owing to the findings of the Horizon software, had criminal records, having been convicted of fraud, theft and false accounting.’ Insurers were therefore naturally averse to involving themselves with a case involving fraud, which was compounded by the fact that ‘the majority of existing ATE policies would have been nullified due to some claimants having previous convictions.’ Pratten goes on to detail how Gallagher worked with a panel of UK and US insurers to craft sufficient ATE insurance cover for the sub-postmasters, which involved ‘working with a panel of insurers and reinsurers and tailoring the policy wording in 85 different areas.’ He describes the case as setting ‘a new precedent for ATE in the industry’, and emphasised that the bespoke nature of this policy shows ‘that standardised policies are rarely the best fit and that clients need an insurance broker that understands, and can cater to, their unique circumstances.’

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Crypto Law Firm Invokes Coinbase Petition In SEC Challenge
by Gunnar Larson 22 Feb '24

22 Feb '24

Crypto Law Firm Invokes Coinbase Petition In SEC Challenge <https://www.law360.com/fintech/articles/1805115?nl_pk=d2b3e7ef-ab62-4a62-80…> By Aislinn Keely Crypto-focused law firm Hodl Law PLLC told the Ninth Circuit on Wednesday that its standing to sue the U.S. Securities and Exchange Commission over its crypto policy is undeniable now that the agency has decided not to take up a rulemaking petition from crypto exchange Coinbase. Response attached | Read full article » <https://www.law360.com/fintech/articles/1805115?nl_pk=d2b3e7ef-ab62-4a62-80…> | Save to favorites » <https://www.law360.com/fintech/articles/1805115?nl_pk=d2b3e7ef-ab62-4a62-80…>

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How Trump's Hush Money Trial Helps Or Hurts Jack Smith
by Gunnar Larson 22 Feb '24

22 Feb '24

How Trump's Hush Money Trial Helps Or Hurts Jack Smith <https://www.law360.com/newyork/articles/1805348?nl_pk=ac5a3855-e47c-4403-be…> By Phillip Bantz Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak." Read full article » <https://www.law360.com/newyork/articles/1805348?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1805348?nl_pk=ac5a3855-e47c-4403-be…>

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Justices Told NRA Speech Claim Would Thwart Regulation
by Gunnar Larson 22 Feb '24

22 Feb '24

Justices Told NRA Speech Claim Would Thwart Regulation <https://www.law360.com/newyork/articles/1805122?nl_pk=ac5a3855-e47c-4403-be…> By Ganesh Setty The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat." Brief attached | Read full article » <https://www.law360.com/newyork/articles/1805122?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1805122?nl_pk=ac5a3855-e47c-4403-be…>

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Bankman-Fried Gets New Attys After Waiving Crypto Conflict
by Gunnar Larson 22 Feb '24

22 Feb '24

Bankman-Fried Gets New Attys After Waiving Crypto Conflict <https://www.law360.com/newyork/articles/1805352?nl_pk=ac5a3855-e47c-4403-be…> By Pete Brush A Manhattan federal judge signed off Wednesday on Sam Bankman-Fried's choice of new counsel ahead of his fraud sentencing, despite the fact that the convicted FTX founder's new team represents an indicted ex-crypto CEO whose interests may conflict with his own. Read full article » <https://www.law360.com/newyork/articles/1805352?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1805352?nl_pk=ac5a3855-e47c-4403-be…>

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Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'
by Gunnar Larson 22 Feb '24

22 Feb '24

Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful' <https://www.law360.com/newyork/articles/1805167?nl_pk=ac5a3855-e47c-4403-be…> By James Boyle Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics." Letter attached | Read full article » <https://www.law360.com/newyork/articles/1805167?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1805167?nl_pk=ac5a3855-e47c-4403-be…>

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Biden Should Be Like Ike to Curb Israel
by Gunnar Larson 22 Feb '24

22 Feb '24

Biden Should Be Like Ike to Curb Israel https://www.bloomberg.com/opinion/articles/2024-02-22/eisenhower-and-the-su… As Israel’s Gaza offensive has grown ever more deadly and destructive, President Biden has equivocated: condemning the civilian death toll while simultaneously sending more arms to Israel. This position, though perhaps politically expedient at the outset of the conflict, has become untenable.

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Microsoft Will Use Intel to Manufacture Home-Grown Processor
by Gunnar Larson 22 Feb '24

22 Feb '24

Microsoft Will Use Intel to Manufacture Home-Grown Processor https://www.bloomberg.com/news/articles/2024-02-21/microsoft-will-use-intel… Intel Corp. has landed Microsoft Corp. as a customer for its made-to-order chip business, marking a key win for an ambitious turnaround effort under Chief Executive Officer Pat Gelsinger.

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Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash
by Gunnar Larson 22 Feb '24

22 Feb '24

Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash <https://www.law360.com/technology/articles/1804803?nl_pk=2bd720dd-746c-4744…> By Henrik Nilsson The widow of a pilot has accused Google's co-founder Sergey Brin of delaying efforts to recover her husband's body after he crashed into the Pacific Ocean while ferrying Brin's private aircraft, saying Brin tried to cover up illegal alterations made to the plane, according to the suit filed in California state court. Complaint attached | Read full article » <https://www.law360.com/technology/articles/1804803?nl_pk=2bd720dd-746c-4744…> | Save to favorites » <https://www.law360.com/technology/articles/1804803?nl_pk=2bd720dd-746c-4744…>

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[EXTERNAL] FTX DR 5-105 Records Request
by Gunnar Larson 22 Feb '24

22 Feb '24

---------- Forwarded message --------- From: FTX Trading Ltd. <ftxinfo(a)ra.kroll.com> Date: Fri, Nov 17, 2023, 10:19 AM Subject: RE: [EXTERNAL] FTX DR 5-105 Records Request To: g(a)xny.io <g(a)xny.io> Gunnar, Thank you for your inquiry. Kroll is the appointed claims and noticing agent for FTX Trading Ltd. chapter 11 cases.? As such, Kroll does not have access to personal FTX account information. Should you have an inquiry related to the chapter 11 proceedings, please do not hesitate to respond to this email. Information, including access to court documents, instructions on how to file a proof of claim, and important dates and deadlines will be available throughout the case at?https://restructuring.ra.kroll.com/FTX/. PLEASE NOTE: Kroll is the appointed claims and noticing agent for FTX Trading Ltd. and 101 affiliated debtors’ chapter 11 cases.? As such, we are not permitted to provide legal or financial advice.? Further, Kroll is not permitted to accept claims via email or fax, and any such information provided via either of these methods will not constitute a claim in these proceedings. Regards, _________________________________________ Kroll Inquiries www.kroll.com <http://www.kroll.com/en/services/business-services> *Effective March 29, 2022, Prime Clerk has rebranded as Kroll. All emails sent by us will now have the domain @Kroll.com. Emails sent to the domain @ primeclerk.com will continue to be received. Please be assured that your information remains secure and is only being used by us in connection with the purpose for which it is held This email is confidential and subject to important disclaimers and conditions, including those regarding confidentiality, legal privilege and certain legal entity disclaimers, available at https://www.kroll.com/disclosure. Our Privacy Policy is available at https://www.kroll.com/en/privacy-policy. --------------- Original Message --------------- *From:* Gunnar Larson [g(a)xny.io] *Sent:* 11/10/2023, 10:55 AM *To:* ftxquestions(a)kroll.com *Cc:* frc(a)fincen.gov; sreader(a)curtis.com *Subject:* [EXTERNAL] FTX DR 5-105 Records Request Hello there: New York is one of the few states that require lawyers to check for conflicts of interest before accepting any new engagement. In 1996, NY adopted DR 5-105(E), a new paragraph of New York’s main rule governing conflicts of interest. DR 5-105(E) contains three sentences (which I set off here in bullets to make the rule easier to read): • “A law firm shall keep records of prior engagements, which records shall be made at or near the time of such engagements and shall have a policy implementing a system by which proposed engagements are checked against current and previous engagements, so as to render effective assistance to lawyers within the firm in complying with DR 5-105(D).” • “Failure to keep records or to have a policy which complies with this subdivision, whether or not a violation of DR 5-105(D) occurs, shall be a violation by the firm.” • “In cases in which a violation of this subdivision by the firm is a substantial factor in causing a violation of DR 5-105(D) by a lawyer, the firm, as well as the individual lawyer, shall also be responsible for the violation of DR 5 105(D).” The rule thus embodies two separate obligations. Law firms must: 1. Make and keep contemporaneous records of prior engagements at or near the time of such engagements 2. Have a policy implementing a system for checking proposed engagements against current and previous engagements. xNY.io - Bank.org would like to check for conflicts of our interest concerning FTX's asset sale and New York State's regulator who is overseeing Trusts holding FTX assets. Participants, the Trust or the Sponsor may be required to comply with FinCEN regulations, including those that would mandate the Authorized Participant to implement anti-money laundering programs, make certain reports to FinCEN and maintain certain records. Similarly, the activities of an Authorized Participant, the Trust or the Sponsor may require it to be licensed as a money transmitter or as a digital asset business, such as under the New York State Department of Financial Services’ BitLicense regulation. Would you please be able to send us a confirmation of your DR 5-105 records on FTX clearing xNY.io - Bank.org of any associated conflicts to FTX. Thank you, Gunnar Gunnar Larson xNY.io - Bank.org 917-580-8053 This email is confidential and subject to important disclaimers and conditions, including those regarding confidentiality, legal privilege and certain legal entity disclaimers, available at https://www.kroll.com/disclosure. Our Privacy Policy is available at https://www.kroll.com/en/privacy-policy. ref:!00D1N01uIqY.!500Qg03flvp:ref

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