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Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance?
Amanda Tuminelli dives deep into the SEC's confrontation with Uniswap, examining the implications for the entire DeFi sector.
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On Wednesday, the U.S. Securities and Exchange Commission (SEC) issued a Wells notice to Uniswap Labs, the team behind the prominent decentralized exchange (DEX) Uniswap, signaling a forthcoming enforcement action.
Amanda Tuminelli, Chief Legal Officer at the DeFi Education Fund, joined Unchained to unpack what the case could mean for Uniswap and the overall decentralized finance (DeFi) industry.
Amanda also talks about the DeFi Education Fund's recent lawsuit against the SEC over its airdrop policies and the industry’s need for a proactive counteroffensive approach in dealing with the SEC.
Show highlights:
- Why Amanda thinks that the SEC is going to take a “kitchen sink approach” to their charges
- How the SEC could make a case that some of the tokens traded via Uniswap are securities
- What the next steps are in the case, with a lawsuit possibly coming soon
- Whether there’s an inconsistency between the SEC’s position and Judge Failla’s rejection of the motion to dismiss the Coinbase lawsuit
- How the different components of Uniswap make it hard to prove that Uniswap Labs is responsible for everything that happens on the protocol
- Why the DeFi Education Fund recently filed a lawsuit against the SEC
- Why Amanda believes in a “proactive counteroffensive strategy” with the SEC
- How Amanda would like legislation to be implemented in the U.S.
- Why the Tornado Cash developers are not liable for the actions of third parties such as North Korean hackers, according to Amanda
- Why Amanda thinks Uniswap will ultimately win against the SEC
Thank you to our sponsors! iTrustCapital Polkadot
Guest |
Amanda Tuminelli, Chief Legal Officer at DeFi Education Fund
Previous appearance on Unchained: Is This the End of DeFi? Why the US Government Is Going After Tornado Cash
You’ve got a friend in me: How amicus briefs are helping the crypto industry win over the courts, Amanda’s op-ed for Fortune
Links
Wells Notice
Unchained: SEC Puts DeFi in Its Sights With Potential Uniswap Suit
Unchained: UNI Drops 16% as SEC Targets Uniswap Labs
Uniswap Blog Post on the Wells notice
Marvin Ammori Thread on Wells notice
Other cases:
Fortune: Don't blame Uniswap for crypto scams, judge rules—and she's right
The Block: Three crypto advocacy groups file amicus briefs in Tornado Cash developer Roman Storm's case
The DeFiant: SEC Faces Lawsuit Seeking To Exempt Airdrops From Securities Classification
Unchained: Court Rejects Coinbase's Bid to Dismiss SEC Charges Against It
Social media commentary:
Paul Grewal’s tweet on the potential inconsistencies with the Coinbase case.
Gabriel Shapiro’s tweet on how Uniswap AMM smart contracts are not run by the Uniswap company
Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz.
HOST
Laura Shin is a crypto journalist, host of the Unchained podcast, and author of “The Cryptopians: Idealism, Greed, Lies, and the Making of the First Big Cryptocurrency Craze” (Public Affairs, 2022). Formerly a senior editor at Forbes, she was the first mainstream journalist to cover crypto full-time, and her podcasts and videos have had more than 15 million downloads and views. Shin has spoken about cryptocurrency at places such as TEDx San Francisco, the International Monetary Fund, Singularity University and the Oslo Freedom Forum.
She graduated Phi Beta Kappa with Honors from Stanford University and has a master of arts from Columbia University’s School of Journalism. She lives in New York City.

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