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

Katerina Gaebel CPA, CFE, CERTIFIED DEFI EXPERT
Katerina Gaebel CPA, CFE, CERTIFIED DEFI EXPERT
Forensic, Litigation, And Valuation Services

Katerina Gaebel is a senior associate in the firm’s Forensic, Litigation, and Valuation Services practice. With over five years of experience, she specializes in the tracing of cryptocurrency assets in disputes and providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies.

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.

Live Video-Broadcast: October 19, 2022

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 – Katerina Gaebel

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

This course is co-sponsored with myLawCLE.

Date / Time: October 19, 2022

  • 1:00 pm – 3:50 pm Eastern
  • 12:00 pm – 2:50 pm Central
  • 11:00 am – 1:50 pm Mountain
  • 10:00 am – 12:50 pm Pacific

 

Closed-captioning available

Speakers

Katerina-Gaebel-CPA,-CFE,-CERTIFIED-DEFI-EXPERT_Forensic,-Litigation,-And-Valuation-Services_FedBarKaterina Gaebel CPA, CFE, CERTIFIED DEFI EXPERT | Forensic, Litigation, And Valuation Services

Katerina Gaebel is a senior associate in the firm’s Forensic, Litigation, and Valuation Services practice. With over five years of experience, she specializes in the tracing of cryptocurrency assets in disputes and providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies.

Katerina has provided consulting and litigation services for cases involving cryptocurrency tracing, matrimonial disputes, complex commercial damages, lost profits analysis, intellectual property infringements, business valuations, insurance disputes, economic damage calculations, and fraud investigations. She has provided consulting and litigation services for clients in many industries including digital assets, pharmaceutical, healthcare, financial services, technology, manufacturing, real estate, retail, telecommunications, and insurance.

Katerina has published articles in the TaxStringer and presented on numerous occasions regarding cryptocurrency topics.

EDUCATION AND LICENSES

  • Master’s Degree in Forensic Accounting, University at Albany
  • Certified Public Accountant in the State of New York
  • Certified Fraud Examiner
  • Certified DeFi Expert

AFFILIATIONS

  • Incoming Chair and Member, New York State Society of CPAs (NYSSCPA)
  • Digital Assets Committee Member, American Institute of Certified Public Accountants (AICPA)
  • Member, Association of Certified Fraud Examiners (ACFE)
  • Member, Citrin Cooperman’s Digital Asset Committee

 

Amber-Bevacqua-Lynott_Buchalter_FedBarAmber 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 | 1:00pm – 2:40pm

  • Overview of digital assets | 1:00pm – 1:20pm
  • Gathering information | 1:20pm – 1:40pm
  • Reviewing information | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

  • Best practices | 2:10pm – 2:40pm

Session II – Lawyer’s ethical duties: ABA Formal Opinion 493 | 2:40pm – 3:50pm

  • Lawyer’s speech | 2:40pm – 2:55pm
  • Rule 8.4(g): History | 2:55pm – 3:10pm

Break | 3:10pm – 3:20pm

  • Constitutional concerns under Rule 8.4(g) | 3:20pm – 3:35pm
    • 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 | 3:35pm – 3:50pm
    • NIFLA
    • The regulation of occupational speech