Quoted

March 31st, 2023

Are DAOs Dead? Judge Ruling In bZx Case Spells Trouble, Legal Experts Say

Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Are DAOs Dead? Judge Ruling in bZx Case Spells Trouble, Legal Experts Say” published by Decrypt. The article discusses the recent ruling that suggested individual members of bZx DAO could be found liable in lawsuits against the entity, which would be troublesome for token holders. Jeremy is quoted saying, “I mean, it's not good for DAOs. The decision crystallizes the fact that we don't live in a decentralized world. DAOs challenge [traditional business] structures, and our [legal] system. That's what you're seeing, potentially—an inherent incompatibility of those two ideas.”

Jeremy notes that the ruling was not a shock in the legal community. He says, "This didn't come as a surprise to anyone who understands what a DAO is, or how partnership law works in the United States.” This is especially apparent because bZx cofounder Kyle Kistner publicly stated that the benefit of transforming bZx from a company to a DAO would be protecting the organization from government oversight and securities-related legal actions. Jeremy says, “They traded a securities problem for a partnership problem. The SEC didn't go after them. The CFTC did.” Jeremy adds that bZx's refusal to register as an LLC in an attempt to avoid personal liability in American business while also engaging in profit-based digital commodity transactions, led to a situation where DAO members were exposed to an unnecessary amount of legal liability.

In conclusion, Jeremy says, “So what if there's an entity? So what if there's some element of centralization? Why is that so bad?”

Read the full article here.