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3 Lessons From A Crypto Mock Trial

Law360 (February 22, 2019, 2:59 PM EST) -- We had each seen articles that wondered aloud whether blockchain ledger entries were admissible evidence in a court proceeding. With over 65 years of litigation experience combined, we too could envision the hearsay and authentication objections attorneys would inevitably assert when confronted by the adverse party’s attempt to admit crypto evidence. Rather than opine, we sought to take action. As Einstein quipped, “the only source of knowledge is experience.”

So, we hatched a plan to test whether litigators could actually get distributed ledger entries into evidence under the existing Federal Rules of Evidence. We collaborated to make a realistic fact pattern,...

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