E-Discovery And Cryptocurrencies – What You Need To Know

Author:Mr Nkosi Shields and Ryan A. Walton

Does bitcoin keep appearing in your news feed?

As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it's a good idea for attorneys to think about the potential litigation and eDiscovery challenges ahead. While U.S.-based cryptocurrency exchanges are subject to Bank Secrecy laws and anti-money laundering provisions, regulation and enforcement still lag, leaving the door open for manipulation, fraud and litigation.

This past fall, Bitcoin, the most popular cryptocurrency, experienced a massive run on its price -doubling in value within a two week span and ultimately reaching an all-time high of $19,205 per coin before falling sharply (just last February, Bitcoin traded at $902 per coin). Because of its volatile trading nature, and its lack of protections for investors, regulators and high end investment houses are skeptical of Bitcoin's value and have been reluctant to encourage the cryptocurrency markets, deeming them a speculative investment.

Reticence aside, many notable traders and financial experts agree that cryptocurrencies are likely here to stay and could become an emerging asset class. Nikolaos Panigirtzoglou, JP Morgan global markets strategist, stated last December, that cryptocurrency will likely gain widespread acceptance as a legitimate means of payment and measure of wealth.

What are cryptocurrencies?

Cryptocurrencies are digital "tokens" or currencies used to transfer value directly between two individuals, even if they do not know or trust each other. Cryptocurrencies are not centralized and are not regulated by any monetary or governing authority. They operate through decentralized computer networks using what is referred to as "blockchain" technology to track and record all transactions anonymously. Blockchain is a digital ledger, publicly recording and verifying cryptocurrency transactions. In addition to their anonymity, probably the most attractive features of cryptocurrencies are their low costs and improved speed and efficiency. Cryptocurrencies can be used for foreign exchange transactions without invoking the usual 3 percent (or more) transaction fees, and transactions can be executed much more quickly than traditional foreign exchanges, usually in a matter of seconds or minutes as compared to several days for traditional transactions.

Potential litigation and eDiscovery challenges ahead

Not all cryptocurrencies are anonymous; some have been intentionally architected...

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