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Coinbase Brings Former Solicitor General Paul Clement’s Legal Muscle To Board

Published 26 July 2024
Eddie Mitchell
Authors
Key Takeaways
  • Coinbase has appointed three legal and financial experts on to its board of directors.
  • New board member Paul Clement was pivotal in overturning a 40-year-old ruling that gave regulatory bodies powers to implement new rules based on interpretations.
  • Coinbase has ongoing court cases with the SEC.

Coinbase is adding some legal heavyweight Paul Clement to its board of directors as the leading crypto exchange continues to combat U.S. regulators for clear rules on cryptocurrencies.

Having played a major role in overturning the 1984 “Chevron deference,” Clement’s legal guidance could prove transformative for the entire digital assets industry.

Coinbase Rallies The Pros

According to an announcement from Coinbase, the firm is putting regulatory muscle on its front benches by appointing three new members to its board of directors.

Joining Coinbase’s board of directors is Chris Lehane, a former Democrat strategist to U.S. President Bill Clinton in the 1990s. Lehane, who presently serves as Vice President of Public Works at OpenAI, also played a pivotal role in establishing Airbnb as a legal operator in every U.S. state and worldwide.

Christa Davies, former chief financial officer (CFO) at consulting firm Aon, will also join the board. Davies was also formerly Vice President and CFO of the Platforms & Services division at Microsoft.

Finally, the legal powerhouse Paul Clement will also be placed on the board of directors of the Audit & Compliance Committee. As a former U.S. Solicitor under former President George W. Bush, Clement’s presence is far from insignificant.

Clement for Crypto

Given the ongoing tug-of-war between cryptocurrency firms and the U.S. regulators, specifically the Securities and Exchange Commission (SEC), Clement’s presence in Coinbase shouldn’t be understated.

Clement’s legal background will make him a valuable asset in the crypto space. He was renowned for his pivotal role in overturning the “Chevron deference” in a landmark Supreme Court decision in June 2024.

With decades of experience, over 100 Supreme Court appearances, and a historically significant legal victory under his belt, Clement’s appointment to Coinbase aligns with its aims to set clear rules for cryptocurrencies.

Clement, a Legal Powerhouse

The “Chevron deference” refers to a 1984 ruling following the Chevron Vs. National Resources Defense Council case.

It stated that judges should defer to federal regulatory agencies when there is the need to interpret ambiguous portions of statutes. In effect, it gave arms of the federal government the freedom to establish rules without fear of lengthy legal battles.

In the context of crypto, this has given regulators a great deal of authority to “fill the gaps” in digital asset regulations with new rules, so long as they are based on a reasonable interpretation of the underlying statute.

The SEC’s “Howey Test,” which has been the bane of crypto, is used to determine if an asset is a security or not and is just one example of these “reasonable” interpretations. Naturally, Clement has been openly critical of the SEC for using such an old test to regulate a “distinctly 21st-century phenomenon” and said it should be up to the Supreme Court to handle such matters.

Eddie Mitchell

Eddie is a gaming and crypto writer at CCN. Covering the often weird and wonderful world of Web3 with an adoring, but skeptical eye.

Prior to CCN, Eddie has spent the past seven years working his way through the crypto, finance, and technology industry. He began with PR and journalism with Bitcoin PR Buzz and BitcoinNews.com, eventually working his way to become a copywriter with a dozen firms, including the likes of Polkadot before returning to journalism in 2023.

Having studied Radio production and journalism at University in the UK, Eddie spent a few years making podcasts and presenting on a local London radio station as he built up his writing chops.

A lifelong skateboarder, Eddie can often be found at the skatepark or touring the streets looking for something new to try. That, or kicking back playing JRPGs on his original PSP.

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