Tokens of Wisdom
Do you love investing? Ever thought about turning that passion into a business? Listen up to learn to navigate the legal loopholes in forming, launching, and running a private investment fund, including considerations unique to digital asset/crypto funds. Dave Rothschild is a partner at Cole-Frieman & Mallon, one of the country's premier boutique investment management law firms with deep experience in traditional assets, as well as esoteric asset classes like digital assets. For questions or comments, email tow@colefrieman.com. Visit our website: https://colefrieman.com
Episodes
59 episodes
Episode 59: Peeling Layers
Episode 59: Peeling LayersAt the federal level, the tables are turning faster than at a vintage Tiesto performance: it’s honestly hard to keep up with how quickly the federal government has done a total 180 on crypto.Key...
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Episode 59
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7:45
Episode 58: Yet Another CTA Update (Yawn)
Episode 58: Yet Another CTA Update (Yawn) Last time I spoke to you about the CTA, I said I wanted to discuss it about as much as I wanted a hole in the head. A little over a month later, nothing has changed. In my mood that i...
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Episode 58
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4:26
Episode 57: Fixing the Hole in Your Net (And More!)
Episode 57: Fixing the Hole in Your Net (And More!)If you thought the kinder, gentler SEC was only going to be kinder and gentler to the crypto community, you thought wrong. Today I’m going to briefly summarize two recent SEC acti...
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12:37
Episode 56: Interpretive Clarity
Episode 56: Interpretive Clarity.By now, you’ve probably heard the latest news from the sunshine and rainbows SEC: Meme coins are not securities! This is great news for the crypto community, which has a little more clarity t...
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Episode 56
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13:06
Episode 55: Sunshine and Rainbows…from the SEC
Episode 55: Sunshine and Rainbows…from the SEC. Just a couple short weeks ago I told you all about President Trump’s executive order on crypto, which was heavy on happy speak and light on substance. ...
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Episode 55
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11:37
Episode 54: Guess Who's Back
Guess Who’s Back Episode 54: Show Notes. It’s true that I wanted to release this episode about as much as I want a hole in the head. But, I did promise you multiple times that I would keep you...
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Episode 54
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5:43
Episode 53: A New Sheriff
A New Sheriff Episode 53: Show Notes. We went three whole days into Trump Administration 2.0 without the creation of a strategic bitcoin reserve, an announcement ending all federal lawsuit...
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Episode 53
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7:22
Episode 52: AI Policies for Investment Advisers
Everyone wants in on the AI craze – in addition to being the latest buzzy trend, AI is a technology that can actually think for you (or at least, trick people into thinking it’s thinking). Given the potential time and money savings AI can gener...
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Episode 52
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12:51
Episode 51: 2024 Year-End Overview
As you all prepare to hunker down by the fire, sip your egg nog and enjoy the company of your dearest friends and family members, throw in your earbuds, turn up the volume and unwrap this auditory gift recapping the year that was in fund and cr...
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Episode 51
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12:48
Episode 50: CTA Enjoined
Good news just keeps on flowing out of the federal judiciary, as a District Court in Texas issued a nationwide preliminary injunction on Dec 3 enjoining the enforcement of the Corporate Transparency Act and the FINCEN beneficial ownership repor...
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Episode 50
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10:08
Episode 49: Crypto’s Glad Tidings
Whatever your views on the election outcome, we can all enjoy the high – literally and figuratively – that’s captured the crypto world since early November.Today’s episode quickly recaps three recent developments that we can all celebrat...
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Episode 49
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6:24
Episode 48: Can the President Fire the SEC Chair?
There is a presidential election happening right now, and regardless of your political views, if you’re listening to this, you probably like crypto. In fact, the election-related question I get most frequently goes something like this:
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Episode 48
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15:26
Episode 47: The “Come in and Register” Fallacy
On my last episode, I went through a few common ill-conceived soundbites people wield against crypto generally and calmly explained why they’re a bunch of crap.But there was one I didn’t touch last time because I thought it was deserving...
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14:24
Episode 46: For the Crypto Skeptic
I keep hearing noise from talking heads denigrating and dismissing crypto with pithy ill-conceived soundbites. It’s the kind of thing you expect to hear from the Gary Genslers and Elizabeth Warrens of the world, but I also hear it from people w...
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12:05
Episode 45: Digital Asset Manager SEC Settlement
The digital asset fund manager community is up in arms about the SEC’s latest shenanigans against Galois Capital, and I’m here to tell you; so am I!The SEC alleged three separate violations, and gave us zero helpful detail/analysis/guida...
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10:00
Episode 44: Marketing Decks
An episode all about the glorious topic of marketing decks for private funds. Almost every fund has one. Almost every lawyer’s brain explodes when reviewing them. Tune in today to learn all about why. Key Points From This Episode...
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11:42
Episode 43: Pay-to-Play Rule
Quick hit today to remind investment advisers about the SEC’s pay-to-play rule; formally known as Advisers Act Rule 206(4)-5. You may have heard that there’s a little election coming up here in November, and you may be emptying the ...
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6:12
Episode 42: Form N-PX
Exciting times this month, as certain institutional investment managers are gifted a new regulatory filing requirement! Key Points From This Episode:What is Form N-PX?Who has to file it?What need...
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6:51
Episode 41: Supreme Court Smackdown
On back-to-back days in late June, the US Supreme Court issued two decisions that reasserted judicial primacy in statutory interpretation and dealt a blow to executive authority. The cases were SEC vs Jarkesy and Loper Bright Enterprises v. Rai...
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10:18
Episode 40: Florida Private Fund Exemption
Last summer, the Sunshine State passed into law a new private fund exemption for investment advisers operating in Florida. It went into effect on Oct 1 last year, and thus FL has belatedly joined the community of states taking a lighter regulat...
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4:47
Episode 39: SAB 121
It’s not everyday that I do a podcast episode about super technical banking rules. It’s also not every day that the president vetoes bipartisan legislation in an election year. But here we are…. Key Points From This Episode:<...
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Episode 39
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8:00
Episode 38: RIP Private Fund Adviser Rule
Big news today (June 5) as the 5th circuit court of appeals VACATED the SEC’s private fund adviser rule!! Go back and listen to Episode 21 if you want to waste your time hearing all the details of this now-defunct rule. Speci...
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Episode 38
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7:59
Episode 37: Tornadoes, Samourais and Money Transmitters
Today’s episode is all about the government’s attempts to jam the square peg of crypto mixers Tornado Cash and Samourai Wallet into the round hole of unlicensed “money transmitters”.But to grasp the full story, we need to understand some...
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Episode 37
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12:01
Episode 36: Adviser Integration
Last episode we dissected the SEC’s “venture capital fund” definition and discussed how, if an adviser manages only VC funds, there is no AUM ceiling on its ability to remain exempt from registration. If that same adviser manages money for any ...
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Episode 36
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9:31
Episode 35: Venture Capital Funds
Like I mentioned back in Episode 2, there are some down sides to relying on the private fund exemption – at the SEC level, the only “down” side is an AUM ceiling after which you have register (150mm…see ep 32). But many states require extra stu...
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Episode 35
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11:07