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Full-Text Articles in Law

Employees As Regulators: The New Private Ordering In High Technology Companies, Jennifer S. Fan Jan 2020

Employees As Regulators: The New Private Ordering In High Technology Companies, Jennifer S. Fan

Utah Law Review

There is mounting public concern over the influence that high technology companies have in our society. In the past, these companies were lauded for their innovations, but now as one scandal after another has plagued them, from being a conduit in influencing elections (think Cambridge Analytica) to the development of weaponized artificial intelligence, to their own moment of reckoning with the #MeToo movement, these same companies are under scrutiny. Leaders in high technology companies created their own sets of norms through private ordering. Their work was largely unfettered by regulators, with the exception of the Securities and Exchange Commission’s oversight …


Cryptocorporations: A Proposal For Legitimizing Decentralized Autonomous Organizations, Timothy Nielsen Jan 2020

Cryptocorporations: A Proposal For Legitimizing Decentralized Autonomous Organizations, Timothy Nielsen

Utah Law Review

A DAO does not fit well within the current landscape of recognized organizational structures and, rather than shoehorning it into one, states should recognize a new hybrid entity. This Note’s proposed Cryptocorporation form, with rules and protections better suited to the unique qualities of a DAO, could allow for the most appropriate tax treatment of shared profits, limit personal liability, and allow for an appropriate voting structure as articulated in the White Paper. The proposed Cryptocorporation would also protect investors and give the SEC more presumptive jurisdiction over the token-based-stock that is issued and represented exclusively through blockchain tokens. Cryptocorporations …