Digital Assets in Divorce: Cryptocurrency and NFT’s (Including 1hr. ethics – Lawyer’s Ethical Duties)

Mark DiMichael
Mark DiMichael
CitrinCooperman

Mark is the founder and leader of the firm's Digital Assets practice, focusing on addressing the unique needs of Citrin Cooperman clients in the digital asset space.

Amber Bevacqua-Lynott
Amber Bevacqua-Lynott
Buchalter

Amber Bevacqua-Lynott is Senior Counsel & Associate General Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups.

Re-Broadcast: December 14, 2023
Digital Assets in Divorce: Cryptocurrency and NFT’s (Including 1hr. ethics – Lawyer’s Ethical Duties)

$245.00 2.5 hour CLE

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Program Summary

Session I – Digital assets in Divorce: Cryptocurrency and NFT's – Mark DiMichael

Cryptocurrency transactions are fast, global, decentralized, and irreversible. Although cryptocurrency and blockchain technology have the ability to transform the financial world, the anonymous nature has made it a haven for unlawful activity. While cryptocurrency transactions are all public, the individual participants of each transaction cannot be easily determined and can be held without reliance on any third parties, making it difficult to subpoena meaningful information.

In divorce cases it is a common practice for individuals to hide assets from their spouses. It is important for attorneys to be aware of this risk and take steps to investigate the possibility that their client’s spouse may own digital assets. This CLE course will guide practitioners on the background of digital assets, how to identify and locate them, and the industry best practices.

Key topics to be discussed:

  • Overview of digital assets
  • Gathering information
  • Reviewing information
  • Best practices

Session II – Lawyer's ethical duties: ABA Formal Opinion 493 – Amber Bevacqua-Lynott

Participants will learn the history of Model Rule 8.4(g), how is both shaped by and consistent with other constitutional rights like free expression. Presenters will explain the parameters of the rule and how best to conduct themselves to stay within its requirements. Finally, participants will learn to recognize and appreciate the limitations of the rule.

Key topics to be discussed:

  • Lawyer’s speech
  • Rule 8.4(g): History
  • Constitutional concerns under Rule 8.4(g)
  • When a speech or conduct is or is not related to the law practice

Date: December 14, 2023

  • 2:00 pm – 4:50 pm Eastern
  • 1:00 pm – 3:50 pm Central
  • 12:00 pm – 2:50 pm Mountain
  • 11:00 am – 1:50 pm Pacific

Closed-captioning available

Speakers

Mark DiMichael_ CitrinCooperman_myLawCLEMark DiMichael | CitrinCooperman

Mark is the founder and leader of the firm’s Digital Assets practice, focusing on addressing the unique needs of Citrin Cooperman clients in the digital asset space. Mark DiMichael is a partner in the Forensic, Litigation, and Valuation Services group as well.

Mark’s deep understanding of the digital asset industry allows him to assist clients such as mining companies, investors, investment funds, ICO/IEO token issuers, NFT marketplaces / promoters / artists, and financial services companies with a wide range of accounting, tax, and advisory issues.

Mark’s areas of expertise include divorce litigation, economic damages analysis, fraud investigation, white collar criminal defense, and business appraisals. Mark has prepared and rebutted expert reports, and has experience working with companies in a wide range of industries. He has also provided deposition and expert testimony numerous times in federal court, state court, and arbitrations.

 

Amber-Bevacqua-Lynott_Buchalter_myLawCLEAmber Bevacqua-Lynott | Buchalter

Amber Bevacqua-Lynott is Senior Counsel & Associate General Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups.

Ms. Bevacqua-Lynott provides guidance and legal representation to attorneys, licensed professionals, and other business clients, including firms and in-house legal departments. Her practice centers on legal ethics, risk management, and discipline defense. She acts as outside counsel to clients in a variety of industries, providing advice and counsel on all manner of ethics issues, including conflicts, confidentiality, malpractice, risk management, and fee issues.

In addition, Ms. Bevacqua-Lynott represents lawyers, students, and other professionals in front of regulatory authorities and bar associations on licensing, admissions, reinstatement, reciprocity, character and fitness, consumer protection, unauthorized practice of law, and disciplinary matters.

Ms. Bevacqua-Lynott has more than 20 years of legal experience, including extensive civil trial experience. Prior to joining Buchalter, Ms. Bevacqua-Lynott worked in the Oregon State Bar’s Disciplinary Counsel’s Office (DCO) as an Assistant Disciplinary Counsel, where she enforced the Oregon Rules of Professional Conduct through the investigation and prosecution of alleged misconduct. During her time in DCO, Ms. Bevacqua-Lynott successfully first-chaired several dozen civil trials, and investigated or prosecuted hundreds of disciplinary matters. The last six years of her tenure with DCO, she was the Chief Assistant Disciplinary Counsel and Deputy Director of Regulatory Services, and also acted as Chief Trial Counsel.

Ms. Bevacqua-Lynott’s prior experience as a Bar prosecutor, offers her clients a unique insight and expertise on ethics issues and professional obligations.

Intimately versed in legal ethics, Ms. Bevacqua-Lynott developed, updated, and presented Legal Ethics Best Practices, a semi-annual “ethics school” for attorneys. She also prepared and edited the annual annotations of all Bar formal proceeding dispositions, requiring that she be expertly familiar with each stipulated and adjudicated case result.

She regularly presents seminars on ethics issues, both locally and nationally, and frequently provides ethics advice to attorneys.

Agenda

Session I – Digital assets in Divorce: Cryptocurrency and NFT’s | 2:00pm – 3:40pm

  • Overview of digital assets | 2:00pm – 2:20pm
  • Gathering information | 2:20pm – 2:40pm
  • Reviewing information | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

  • Best practices | 3:10pm – 3:40pm

Session II – Lawyer’s ethical duties: ABA Formal Opinion 493 | 3:40pm – 4:50pm

  • Lawyer’s speech | 3:40pm – 3:55pm
  • Rule 8.4(g): History | 3:55pm – 4:10pm

Break | 4:10pm – 4:20pm

  • Constitutional concerns under Rule 8.4(g) | 4:20pm – 4:35pm
    • Due process
    • First Amendment free expression
    • Freedom of association and religion
    • Vagueness
  • When a speech or conduct is or is not related to the law practice | 4:35pm – 4:50pm
    • NIFLA
    • The regulation of occupational speech