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News | 12.01.22

Morrison Cohen Crypto Litigation Tracker Used as Core Dataset in Yale Journal on Regulation

The Morrison Cohen Cryptocurrency Litigation Tracker was used as the core dataset in a scholarly essay, “Crypto Litigation: An Empirical View,” published in the Yale Journal on Regulation, one of the top ten specialized law journals in the United States. The essay offers the first empirical analysis of all crypto-related cases litigated in the United States.

The November 28, 2022 essay, written by Farshad Ghodoosi, assistant professor of Business Law at California State University, Northridge, used the Cryptocurrency Litigation Tracker “as the starting point for its empirical analysis” and included a footnote that linked to the Tracker.   Ghodoosi touted the Tracker for keeping watch on cases initiated by the Security and Exchange Commission, the Commodity Futures Trading Commission, and the Department of Justice. He wrote, “The litigation tracker monitors regulatory proceedings and summary orders, and, importantly for the purposes of this paper, class action suits and other private litigation.”

Ghodoosi hand coded the Tracker’s data to create a novel dataset that showed that while crypto litigation was once dominated by class action suits alleging violations of securities laws, presently, litigation arising from traditional private law claims and consumer protection statutes is on the rise. He described this trend as a “private law pivot,” arguing that the future of crypto litigation will involve novel issues arising out of private law, such as commercial warranties, decentralized enforcement, forms of business and privity.

Read the essay in the Yale Journal on Regulation here.

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