Joseph Perkins
California, Riverside
Former White House staff member, former Wall Street Journal opinion writer, former MSNBC contributor.
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Articles by Joseph Perkins
SEC Issues Interpretive Guidance on Crypto Asset Classification
New token taxonomy establishes that most crypto assets are not securities, while clarifying when investment contract status can begin and end. Key Takeaways The U.S. Securities and Exchange Commission (the “SEC”) issued interpretive guidance regarding the definition of “security” as applied to certain types of crypto assets and transactions involving crypto assets.
OCC Proposes Rule to Implement the GENIUS Act | JD Supra
The Office of the Comptroller of the Currency (OCC) released a notice of proposed rulemaking to implement the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. The OCC proposes requirements for stablecoin reserves, redemption and risk management, in addition to licensing and capitalization requirements for permitted payment stablecoin issuers subject to the OCC’s jurisdiction.
What Does the White House Digital Asset Roadmap Mean for Crypto and Blockchain Innovation? | JD Supra
The President’s Working Group on Digital Asset Markets on July 30 released Strengthening American Leadership in Digital Financial Technology. This report, issued under January's Executive Order 14178, outlines a sweeping set of recommendations for the regulation of digital assets and blockchain technology in the United States. Below, we answer key questions about the report’s implications for businesses, financial institutions and investors. Why Was the Report Issued, and What Does It Prioritize?
What Does SEC Commissioner Peirce's July 9 Statement Mean for Tokenized Securities Regulation? | JD Supra
July 29, 2025 Joseph Perkins, Nathaniel Reisenburg, Ignacio Sandoval Orrick, Herrington & Sutcliffe LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Although digitized initial offerings of securities may not be novel, blockchain tokenization of existing securities is still evolving.
Balancing The Promises And Perils Of Tokenizing Securities
By Ignacio Sandoval, Joseph Perkins and Nathaniel Reisenburg ( July 25, 2025, 4:42 PM EDT) -- The securities market may be entering uncertain territory as blockchain tokenization matures from digitizing collectibles and other real-world assets to the digitization of securities. Although digitized initial offerings of securities may not be novel, tokenizing existing securities is still evolving and presents several promises - but also potential legal perils.... Law360 is on it, so you are, too.
Balancing The Promises And Perils Of Tokenizing Securities
By Ignacio Sandoval, Joseph Perkins and Nathaniel Reisenburg ( July 25, 2025, 4:42 PM EDT) -- The securities market may be entering uncertain territory as blockchain tokenization matures from digitizing collectibles and other real-world assets to the digitization of securities. Although digitized initial offerings of securities may not be novel, tokenizing existing securities is still evolving and presents several promises — but also potential legal perils....
Stablecoin Framework Signed into Law | JD Supra
On July 18, 2025, the President signed the GENIUS Act into law, setting clear rules for who can issue payment stablecoins in the U.S. Only permitted issuers and registered foreign issuers are allowed, and they must follow strict operational standards. The law offers three paths for prospective issuers — federal, state and foreign — and aims to reconcile overlapping and ambiguous state and federal regulations that have previously impeded the growth of stablecoins.
The Download: How Is Blockchain Driving Disruption? | JD Supra
Robert Leshner, a four-time founder and the CEO of Superstate, a fintech innovator bridging financial assets with crypto capital markets, talks with Orrick’s Albert Vanderlaan about the evolution of blockchain, the regulatory landscape and the sector’s future.
House STABLE Act Must Address State Interference in Stablecoins Original
The Bottom Line The STABLE Act, the House’s counterpart to the Senate’s GENIUS Act, similarly seeks to establish a clear regulatory framework for stablecoins, encouraging new market entrants. Under the current version of the bill, state regulators may indirectly limit the circulation of stablecoins by ordering licensed intermediaries to stop supporting them.
Construction and Engineering Matters (UK)
Welcome to the summer edition of Construction and Engineering Matters, where we provide you with bite-sized updates on UK construction and engineering issues. This summer edition includes: Biodiversity Net Gain and the Construction Industry The Amended Building Regulations Adjudication – Clash of the Decisions More Challenges to Adjudication Award Enforcement: Beware of Default Payment Schedules and Set offs (Again!) Getting Termination Right All Change for Collateral Warranties?
6 Questions Blockchain Founders Should Ask When Launching a Product or Token | JD Supra
July 26, 2023 Robert Moore, Joseph Perkins, Nathaniel Reisenburg, Andrew Wallach Orrick - On the Chain + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes.
6 questions blockchain founders should ask when launching a product or token
As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes. While every product and token are different, below are 6 key questions that any founder should ask themselves as they launch their product or token: Are you advertising to the public? If a company advertises to the public, anti-fraud and consumer protection laws are relevant.
5 Ways Venture Investment in Blockchain Differs from Investment in Traditional High-Growth Startups | JD Supra
March 8, 2023 Mark Janoff, Robert Moore, Joseph Perkins, Andrew Wallach Orrick - On the Chain + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Venture investments in blockchain companies are often similar to investments in traditional, high-growth technology startups.
5 Things to Know About Token Warrants | JD Supra
February 22, 2023 Mark Janoff, Robert Moore, Joseph Perkins, Andrew Wallach Orrick - On the Chain + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Venture capital investors in blockchain companies often require formal rights to receive tokens or other digital assets created by those companies.
Becoming Functus Officio: The Dangers in Failing To Fully Advance a Case on Liability in Bifurcated Disputes
In the recent decision of CBI Constructor's Pty Ltd v. Chevron Australia Pty Ltd [2023] WASCA 1, Western Australia's Court of Appeal confirmed the primary judge's decision to set aside an arbitral award on the basis that, when the award was made, the arbitral tribunal was functus officio (that is, the authority of the tribunal had been completed or exhausted) and on other related legal grounds.
Cooperatives: An Ownership Model for Digital Networks | JD Supra
Turbulence in crypto and blockchain has shed light on a question that has received increasing attention: how web3 companies share ownership in digital networks, including through tokens. As the industry wrestles with this question, builders and investors should consider adding cooperatives to their ownership structures. A handful of web3 projects have done so, but the model is not widely understood in the web3 context. Please see full Publication below for more information. Download PDF
DAOs Might Be Cure for Biotech Startups and New Drug Development Original
Photo by Philippe Huguen/AFP via Getty Images By Joseph Perkins and Stephen Thau Jan. 17, 2023, 9:00 AM Orrick partners Joseph Perkins and Stephen Thau explain how early-stage biotech startups can use decentralized autonomous organizations to provide an alternative to traditional sources of capital. Capital markets remain tight for early-stage biotech companies, and ripple effects are casting a pall over venture capital financing.
Infrastructure Law Adds Important Crypto Provisions | JD Supra
The Infrastructure Investment and Jobs Act, enacted on November 15, 2021, also known as the Bipartisan Infrastructure Law (the “BIL”), adds many important provisions regarding the development of the United States’ infrastructure network. These provisions are sorely overdue and are welcomed by many. But lesser attention has been given to several provisions related to the taxation of cryptocurrency transactions.
Opinion | Maxine Waters’s Long History of Reckless Rhetoric
The Ku Klux Klan was in Huntington Beach, Calif., on April 12, holding a “White Lives Matter” rally. It was a 37-minute drive away from the Hawthorne district office of Rep. Maxine Waters. “Auntie Maxine” (as the Democrat calls herself) declined to confront the Klan. But she flew all the way to Minneapolis last weekend to coach protesters awaiting the outcome of the Derek Chauvin trial. “I hope we get a verdict that says guilty, guilty, guilty,” Ms. Waters said. “And if we don’t . . .
National Park Service Regulations Do Not Apply to Inholdings in Alaska | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Europe's Attempt To Ruin The Internet · 71 Republic
Joseph Perkins | @counter_econ Government regulation usually ruins everything it touches, and the internet is no exception. Whether it is the outdated anti-hacking laws in the United States such as the Computer Fraud and Abuse Act or the woefully misguided anti-human trafficking laws that are SESTA/FOSTA, governments have repeatedly failed to regulate the internet without unintended consequences. The latest instance of this is the EU Copyright Directive and within it, Article 13.
Earthquake Disrupts Mining Filings and Payments: What You Need to Know | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Joseph Perkins: ‘Dear Father, Dear Son’
While watching President Obama deliver his State of the Union address last week, I thought about Larry Elder, the unabashed black conservative and popular radio talk show host. For 18 seconds of his one-hour stem-winder, Obama sounded very much like Elder.
Remembering George Michael
On Christmas day, George Michael passed away in his home at the age of 53. After decades in the spotlight, it's easy to forget just how young Michael was when he started his music career; he was just 17 when Wham! signed its first record deal, and only 20 when the duo's first album, Fantastic, reached number one in the U.K. album charts.
Climate-change true believers the real deniers
I’m a climate change doubter. Does that make me a bad person? Paul Rosenberg thinks so. In a rant he posted this week on the news site Salon, he likened those of us who dare to question the climate change orthodoxy to Holocaust deniers and mass murderers. What set Rosenberg off was the recent announcement by the Associated Press that it was changing the entry on global warming in its Stylebook, the standard-setter on usage for much of the nation’s news media.
Misdiagnosis a major pitfall of assisted-suicide law
Valerie was diagnosed in January 2013 with a rare form of brain cancer – leptomeningeal carcinomatosis. Physicians gave the Santa Monica woman a mere three to six months to live. Two years and nine months later, “terminally ill” Valerie remains very much alive.
Pope should know that all capitalism is not created equal
I’m not Catholic. But I have nothing but admiration for Pope Francis. That’s not to say I agree with the pontiff on every issue. Indeed, I share the misgivings of many of my friends on the Right about the pope’s rather alarmist warnings about climate change. I also join them in lamenting the pope’s endorsement of the fatally flawed Iran nuclear deal. But there is one issue on which I believe the Right is wrong about the pontiff. That would be his deconstruction of capitalism.
GOP voters will figure out Trump isn't the real deal
Fool me once, shame on the pollsters. Fool me twice (or thrice), shame on moi. Because I’ve seen this narrative before – a Republican candidate sprinting to the front of the race for the party’s presidential nomination only to pull up lame long before getting within sight of the finish line. In September 2011, Texas Gov. Rick Perry was the preferred choice of 31 percent of Republicans, according to a USA Today/Gallup Poll. His closest rival trailed by 7 points.
Biden would inject Kennedy-style populism
“Give it a go, Joe.” That was the shout this week of a Pittsburgh woman attending the Steel City’s annual Labor Day parade. She was urging Vice President Joe Biden to make a late entry into the race for the 2016 Democratic presidential nomination. “I’ve got to talk to my wife about that,” the veep hedged. But he sure sounded like a guy warming up for a third run for the White House (the previous two coming in 1988 and 2008).
Iran nuclear deal left U.S. hostages behind
Republicans and Democrats on Capitol Hill don’t see eye to eye on much. In May, however, there was unanimous agreement in the House and Senate that Iran should “immediately release” three American citizens it is holding captive and cooperate with the U.S. government to “locate and return” a fourth American believed to be within Iran’s borders.
Immigration: What should, and shouldn't, change
In Huntington Park, the city council this month appointed Julian Zatarain to its Parks and Recreation Commission and Francisco Medina, both illegal immigrants, to its Health and Education Commission. In San Francisco, Kate Stein was shot and killed in July by Juan Francisco Lopez-Sanchez, an illegal immigrant who had been deported to his native Mexico on five previous occasions.
Legalizing prostitution won't reduce sex trafficking
Amnesty International has long been considered the world’s foremost advocate for human rights. Its campaign against torture earned the organization the 1977 Nobel Peace Prize. And its crusade against capital punishment is credited with the rise in the number of nations abolishing the death penalty from 16 in 1977 to 140 today. Alas, in recent years, Amnesty has lost its way.
In gaffe-free debate, Bush, Walker strengthen positions
The making of a presidential nominee is a long, drawn-out beauty contest. Many are called – like the 17 Republicans who took each other’s measure Thursday night in Cleveland – but only one is chosen. That’s what debates are about – winnowing the field of candidates of those unready for prime time. Like in 2008, when Ohio congressman Dennis Kucinich said during a primary debate that he’d seen a UFO. Or, in 2012, when Texas Gov.
Government can make it tough on disabled poor
I’m angry at Paul Hebert. The star of “Wicked Tuna,” the popular reality show that airs on the National Geographic channel, was indicted this week on charges of defrauding the federal government for $44,000 in disability benefits. The allegations almost certainly will reinforce the all-too-prevalent view that many, if not most, of those receiving disability benefits through Social Security or Medicare are fraudsters – like the proverbial “welfare queens” we used to hear and read so much about.
Remaining 'pro-life' after babies are born
“This isn’t about ‘choice,’” said Carly Fiorina. “It’s about profiting on the death of the unborn while telling women it’s about empowerment.” It’s “a disturbing reminder,” said Rick Perry, “of the organization’s penchant for profiting off the tragedy of a destroyed human life.” “This is about a baby,” said Rand Paul.
Future won't be kind to Obama over Iran nuclear deal
Neville Chamberlain peered out of an upstairs window at No. 10 Downing Street. Below him was a great crowd that gathered to welcome him home from his meet up with Adolf Hitler.
Flag symbolism: Negative can outweigh positive
From 1877-1950, some 3,959 blacks in 12 Southern states were lynched, according to a report this past winter by the nonprofit Equal Justice Initiative. “Racial terror lynching,” as the report characterized it, was employed not to ensure that lawless blacks received the frontier justice they had coming to them, but to enforce the post-Reconstruction South’s racial apartheid. The enduring symbol of the South’s dark past is the Confederate battle flag.
The plutocrat who would be president
“Short-fingered vulgarian.” That’s how the late, great Spy magazine hilariously described Donald Trump, the megalomaniacal billionaire who has a seeming obsessive-compulsive need to stick his name on everything he owns. The Donald – as first wife Ivana nicknamed him – announced a fortnight ago his candidacy for the 2016 Republican presidential nomination.
Taylor Swift blasts Apple over intellectual property and wins
I’ve just joined the ranks of Taylor Swift fans. Not because I’ve suddenly become enamored with her music (which I’ll leave to the “Swifties,” as her fan base is known). But because of the 25-year-old pop star’s principled defense of intellectual property rights.
State Supreme Court shelters bad policy
There are an estimated 4 million “food insecure” California residents. Yet, cities do not require that Ralphs, Vons and Albertsons provide them below-market rate groceries. Roughly 2.5 million Californians continue to lack health insurance (despite the commendable efforts of the state’s Obamacare health exchange). Yet, the Solons in Sacramento do not mandate that Kaiser, Anthem Blue Cross and Blue Shield sell 20 percent of its insurance policies at a loss.
End of Life Act leaves door open for abuse
The state Senate last week approved the so-called End of Life Act, which would allow the terminally ill to obtain lethal medications with a doctor’s prescription. The death-on-demand law is co-authored by Sens. Lois Wolk and Bill Monning, with the tacit blessing of the California Medical Association, which previously opposed physician-assisted suicide, but now is officially “neutral” on the issue.
History has vindicated Snowden, not authorities
Two years ago this week, Edward Snowden dropped the proverbial bomb on the National Security Agency. The former contract infrastructure analyst for the NSA, former system administrator for the CIA, former counterintelligence trainer for the Defense Intelligence Agency shared a trove of classified documents with several media outlets, revealing the breadth and depth of NSA’s surveillance of the American people.
Tech start-ups learning what studios know
Once upon a time, Hollywood was the undisputed motion picture capital of the United States. It is still considered to be so in many quarters, but that is no longer indisputable. Indeed, in 1997, 64 percent of the top 25 live-action films were wholly or primarily produced in the Golden State, according to FilmL.A. By 2013, however, that market share had fallen to a rather disquieting 8 percent. Hollywood’s former dominance could further shrink.
Climate zealots blinded by confirmation bias
President Obama delivered the commencement address this week at the Coast Guard Academy, in New London, Conn. He told the graduating cadets that they faced a challenge before them that, “perhaps more than any other, would shape their entire careers.” Was it to protect the homeland from what the president aptly characterized as “the grave threat of terrorism”? Was it to “interdict undocumented migrants at sea,” which has been part of the Coast Guard’s history since its inception?
NIMBYs, no-growthers worsen housing crunch
I had occasion eight years ago to attend a meeting of the Marin County Board of Supervisors. They were considering whether to approve a plan for a 221-unit senior housing community in San Rafael, as well as a similar-size workforce housing development. Some 500 concerned residents of San Rafael and neighboring cities turned out to voice opposition to the projects.
How a 2-inch fish became more important than people
Maybe Jerry Brown was a little irascible this week. But I forgive him for saying that critics of his “water tunnel” plan need to “shut up.” The California governor’s big hairy audacious goal is to build two tunnels, 40 feet wide and 30 miles long, under the Sacramento-San Joaquin Delta, “the single most important link in the state’s water supply system,” according to the Association of California Water Agencies.
Class, not race, primary factor in high-profile deaths
Alexander Crummell, a black cleric, a man of letters, published a monograph in 1889 concerning “The Race-Problem in America.” He saw “a blatant provincialism” in this country, “whose only solution of the race-problem is the eternal subjection of the Negro and the endless domination of a lawless and self-created aristocracy.” As the nation vicariously witnessed this week the mayhem that occurred in Baltimore – following the funeral of Freddie Gray, a 25-year-old black man who died in police...
Abuse of ADA a plague on California small businesses
Robert McCarthy is a serial litigant. And the Americans With Disabilities Act is the weapon he uses to shake down his victims. Since 2001, McCarthy has filed more than 250 lawsuits against small businesses throughout the Golden State, alleging various violations under the federal law (which, in turn, constitute violations of California’s Civil Code). Every infraction can cost $4,000.
EPA overreach too much even for Obama's professor
Laurence Tribe is arguably the nation’s foremost liberal legal scholar. The longtime Harvard Law School professor – whose former students include President Barack Obama and Supreme Court justices John Roberts and Elena Kagan – notes that he taught the nation’s first environmental law class, nearly a half-century ago. He also stated – in a recent email to the Atlantic’s David A.
Terror-group support found on California campuses
Mike Wallace died three years ago this week. The longtime co-host of the CBS News program “60 Minutes” practically invented so-called “gotcha journalism,” employing a hidden camera to expose miscreants. James O’Keefe is a latter-day (conservative) version of Wallace. But, while the “60 Minutes” icon’s sensational reports aired on broadcast television, undercover video reports produced by O’Keefe’s Project Veritas go viral on the Internet.
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