Over a trillion dollars worth of perps are traded every month, yet 99% people have never heard of them.
This @LawofCodeFM episode is a multi-hour deep dive on perps, starting from the history of grain futures in Chicago to Friday's historic @CFTC announcements. It took me months to put this together.
My goal: the internet's most comprehensive explainer on perps.
You'll hear from the world's leading experts on the legal layer of perps; @jchervinsky and @BradBourque of @HyperliquidPC, @BrettHarrison of @Architect_Fi, @kkirkbos, @_Ryne_Miller, @mdf2000 and David Shafer of @coinbase.
By the end of this episode, I promise you'll be in the top percentile for understanding perps, regardless of where you're starting from.
(You just might need to listen twice. There's a lot here.)
Timestamps:
0:00 Intro
4:04 What is a perp @BrettHarrison
7:18 Why futures contracts exist
8:15 Liquidity fragmentation
11:01 History of U.S. futures @_Ryne_Miller
17:08 Richard Nixon, the gold standard and financial futures
21:27 Birth of the CFTC
24:27 Robert Shiller's 1992 paper @kkirkbos
30:09 Price convergence
32:00 The funding rate
43:41 Oracles and manipulation risk
47:39 Are perps swaps or futures?
52:44 A @ChairmanSelig clip on perps
54:02 The DCM framework
59:16 DCMs, DCOs and FCMs explained
1:04:55 History of crypto perps (BitMEX)
1:13:00 How Hyperliquid works
1:25:41 CFTC's historic announcements on May 29, 2026
1:35:00 Fireside with @jchervinsky and @BradBourque of @HyperliquidPC
Nothing in this podcast is legal or investment advice.
What is the CLARITY Act?
How does it protect the 70 million Americans who hold crypto? What does it change about how projects operate?
This @LawofCodeFM podcast explains the history of U.S. digital asset regulation, why regulation-by-enforcement failed and what CLARITY solves, plus remaining steps for this to become law.
Featured: @NYcryptolawyer, @milesjennings, @SH_Brennan, @KyleBligen, @millercwl, Dugan Bliss and snippets from @BillHughesDC, @thatgerald.
By the end of this episode, I promise you'll be in the 99th percentile for understanding the CLARITY Act, regardless of whether you're a lawyer, builder or operator.
Timestamps:
0:00 Intro
4:46 Explaining market structure
6:05 @milesjennings on regulatory distortion
10:43 Predecessor bills (RFIA, FIT21)
13:35 Senate Banking markup takeaways @millercwl
15:46 SEC & CFTC
20:37 The Securities Act of 1933
23:07 The Howey Test
25:26 @NYcryptolawyer's Ineluctable Modality of Securities Law
28:51 SEC enforcement
32:32 Why SEC rulemaking isn't enough
37:36 Titles of CLARITY
40:00 Digital commodities
47:29 Howey principles @NYcryptolawyer
54:10 Promoters: originators
58:18 Promoters: related persons
1:04:13 Token taxonomy @milesjennings
1:11:02 Ancillary asset requirements
1:19:34 The certification process
1:28:32 Remaining hurdles for CLARITY
1:34:50 Stablecoin yield
1:38:45 Ethics @KyleBligen
1:45:50 Tax consequences @CryptoTaxGuyETH
1:48:54 Thanking people working on the bill, such as @SenLummis, @gillibrandny, @SenatorTimScott, @SenatorHagerty, @SenThomTillis, @MarkWarner, @SenRubenGallego, f , their staffs & many, many others.
Nothing in this podcast is legal or investment advice.
Episode 200: Money Transmission & Developer Liability
ft @valkenburgh, @brianeklein, @amandatums & @JacobRobinsonJD
You might have noticed I jumped a few episode numbers, from 186 to 200. That’s to signal a new era of Law of Code.
Welcome to Season 2.
Everyone in crypto should understand money transmission laws.
This @LawofCodeFM podcast explains the history of money transmission, how rules are being (mis)applied, and what might change with draft legislation.
Featured: @valkenburgh, @amandatums, @brianeklein and a snippet from @jchervinsky. This is the most comprehensive podcast I've ever done. Welcome to Law of Code, Season 2.
Timestamps:
0:00 Intro
3:18 What's at stake?
4:40 Which developers are at risk
6:03 Custodial vs. non-custodial
9:32 What is a money transmission license?
9:47 Steamships, the telegraph & Western Union
12:14 The Bank Secrecy Act
13:38 Section 1960
15:26 The Patriot Act
19:39 FinCEN's 2013 and 2019 guidance
24:42 OFAC sanctions Tornado Cash
27:30 How Tornado Cash works
30:48 @coincenter v. Yellen
32:24 DOJ indicts @rstormsf, @semenov_roman_, @TorEkelandPLLC's client & Samourai Wallet devs
35:15 The Van Loon win @preston_vanloon
40:33 Developer losses
43:48 Bad facts make bad law
48:46 @brianeklein on @rstormsf's case
50:50 The Brady letter
57:00 @LewellenMichael sues for answers
1:09:24 The Blanche memo
1:18:46 The Galeotti speech
1:26:13 Catch-22 for developers
1:30:03 The chilling effect @fund_defi@jchervinsky
1:33:48 Blockchain Regulatory Certainty Act
1:38:03 Promoting Innovation in Blockchain Development Act
1:45:28 What's next?
Nothing in this podcast is legal or investment advice.