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The Crypto Factor

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15 July 2020 / Jeremy Clarke-Williams , Valya Georgieva
Issue: 7895 / Categories: Features , Bitcoin , Defamation
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Valya Georgieva & Jeremy Clarke-Williams investigate jurisdiction, lis pendens & the greatest mystery in the crypto world

In brief

  • Lis pendens doctrine applied in defamation claim.
  • No inviolable right to sue in UK where Lugano Convention applies.
  • Factors that make a country ‘clearly the most appropriate’ jurisdiction.

‘Bitcoin is the world’s first decentralised cryptocurrency. The concept and technology behind Bitcoin was first published in October 2008 when its pseudonymous creator, Satoshi Nakamoto, sent the now famous protocol to a mailing list of cryptography enthusiasts. That protocol has since spawned a system of value and exchange with a current market cap of $150 billion.’

Thus begins the complaint of Ira Kleiman, the personal representative of the Estate of Dave Kleiman, against Craig Wright, filed in the Southern District of Florida in February 2018. The lawsuit concerns the ownership of hundreds of thousands of bitcoin and the intellectual property rights associated with certain blockchain technology.

Craig Wright is an Australian computer scientist and businessman. Since 2016,

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