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Patrick Mallon Podcasts

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Farthouse

Patrick Mallon, Casey O'Brien

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Certified cinephile cuties Casey O'Brien and Patrick Mallon are here to guide plebs and idiots alike through the world of arthouse cinema. This podcast serves as a spark notes version for those who do not care to watch these movies. Through a highly developed proprietary system called "The Fartsy Test," Casey and Patrick determine on a 10 point scale just how unbearably impenetrable and boring a given arthouse film is. Tune in every week and gain the social currency of talking like a snobbis ...
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Tokens of Wisdom

Dave Rothschild

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Do you love investing? Ever thought about turning that passion into a business? Listen up to learn to navigate the legal loopholes in forming, launching, and running a private investment fund, including considerations unique to digital asset/crypto funds. Dave Rothschild is a partner at Cole-Frieman & Mallon, one of the country's premier boutique investment management law firms with deep experience in traditional assets, as well as esoteric asset classes like digital assets. For questions or ...
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Episode 77: All the Wisdom from 2025 It’s a ho-ho-holiday clip show! So many distinguished guests joined the show this year to share their wisdom. I figured, why not share some of their best advice in one EOY clip show extravaganza. If you’re listening to this – not watching – see timestamps below so you know who you’re listening to. Key Points Fro…
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Episode 76: SF Gross Receipts Tax with Kevin Leiske, Cole-Frieman & Mallon On the very first Intrasquad edition of Tokens of Wisdom, my partner Kevin Leiske joins the show to tell us about recent changes to San Francisco’s gross receipts tax. Spoiler alert: even if you are an investment manager with zero operations in SF, the City is trying to extr…
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Episode 75: Cayman Directors with Darragh Murphy, Marfire Darragh Murphy from Marfire joins me in the Tokens of Wisdom Studio to tell us all about the wonderful world of Cayman fund directors. From choosing the right director, to working with them once chosen, to navigating the complexities across a fund’s lifecycle, Darragh shares the wisdom. Key …
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Episode 74: Cayman Funds with Patrick Colegrave, Forbes Hare Patrick Colegrave joins me in the Tokens of Wisdom Studio to discuss all things Cayman funds. From local regulatory requirements to investor expectations to setup costs, Patrick covers the ins and outs of Cayman fund formation. Key Points From This Episode: Why should I choose Cayman over…
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Episode 73: Prime Brokerage with Harry Shillingford, Marex My old pal Harry Shillingford from Marex joins me in the Tokens of Wisdom Studio to talk about the intricacies of prime brokerage. We delve into scintillating topics like “what does a prime broker actually do?” (answer: a lot) and “should I draw fund inspiration from Field of Dreams?” (answ…
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Episode 71: Fund Manager Insurance with James Tallarico and Kevin Flasch, Risk Strategies Joining me in the Tokens of Wisdom Studio today are James Tallarico and Kevin Flasch from Risk Strategies to discuss the evolving landscape of insurance in the crypto space. They delve into the differences between insurance brokers and providers, the challenge…
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Episode 70: The SEC Knows Action Last week we saw the SEC release not one but two No Action Letters that were each deeply positive for the crypto industry. Tune in to today’s episode for a quick recap of each and a reminder of where we currently stand on the regulatory ladder. Key Points From This Episode: DoubleZero No Action Letter. Crypto custod…
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Episode 69: Fund Valuations with Joe Brennan, Houlihan Capital Joining me in the Tokens of Wisdom Studio today is Joe Brennan, a director at Houlihan Capital, to discuss the intricacies of fund valuations, particularly in the context of crypto assets. Key Points From This Episode: The importance of establishing proper valuation policies. When would…
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Episode 68: Crypto Fund Audits with Gautam Ganeshan, KPMG Today I’m joined by Gautam Ganeshan from KPMG to talk all about digital asset fund audits! Key Points From This Episode: Are crypto assets categorized in the same Level 1, Level 2, Level 3 framework as traditional assets? What are examples of each Level in the crypto world? How does the scop…
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Episode 67: SEC Commissioner Hester Peirce I am honored to welcome SEC Commissioner Hester Peirce – Crypto Mom herself – to the Tokens of Wisdom Studio today to talk to us about crypto, regulation, zombies (not really) and parenthood. You don’t want to miss this one. Key Points From This Episode: How have the SEC’s vibes shifted so quickly? How can…
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Episode 66: BVI Funds with Phil Graham, Harneys When I set out to do this show, my goal was to arm aspiring fund managers with the information they need to launch and operate a fund. In the legal realm, I happen to possess a lot of that information from my day job, but there’s so much more that goes into launching and operating a fund. And wise tho…
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Episode 65: The Zombie Episode (Three Rungs of the Regulatory Ladder) For as long as I’ve worked in crypto, the industry has been plagued by the dreaded REGULATORY UNCERTAINTY. That is, apparently, until the last couple months. All of a sudden I’m seeing clients putting stuff like “Regulatory Clarity Achieved!” in marketing decks and celebrating th…
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Episode 64: Fund Taxation with Colleen Fay, Withum When I set out to do this show, my goal was to arm aspiring fund managers with the information they need to launch and operate a fund. In the legal realm, I happen to possess a lot of that information from my day job, but there’s so much more that goes into launching and operating a fund. And wise …
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Episode 63: Hedge Fund Offering Terms, Part 2: Liquidity Today is the second in a series of Tokens of Wisdom episodes walking through the main offering terms for an open-ended fund, aka a hedge fund. One of the first things I do with new fund clients is take them through a fund questionnaire to determine the offering terms for their new fund. This …
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Episode 62: Fund Audits with Salman Ali, CBIZ When I set out to do this show, my goal was to arm aspiring fund managers with the information they need to launch and operate a fund. In the legal realm, I happen to possess a lot of that information from my day job, but there’s so much more that goes into launching and operating a fund. And wise thoug…
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Episode 61: Hedge Fund Offering Terms, Part 1: Compensation Today is the first in a series of Tokens of Wisdom episodes walking through the main offering terms for an open-ended fund, aka a hedge fund. One of the first things I do with new fund clients is take them through a fund questionnaire to determine the offering terms for their new fund. Thi…
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Episode 60: Fund Administration with Bert McCooey, Ascent This is an exciting day in Tokens of Wisdom history! Not only do you get to see my real-life face, but you also get the unparalleled wisdom of Bert McCooey from Ascent Fund Services. When I set out to do this show, my goal was to arm aspiring fund managers with the information they need to l…
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Episode 59: Peeling Layers At the federal level, the tables are turning faster than at a vintage Tiesto performance: it’s honestly hard to keep up with how quickly the federal government has done a total 180 on crypto. Key Points From This Episode: What was the now-disbanded National Cryptocurrency Enforcement Team? How is the United States similar…
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Episode 58: Yet Another CTA Update (Yawn) Last time I spoke to you about the CTA, I said I wanted to discuss it about as much as I wanted a hole in the head. A little over a month later, nothing has changed. In my mood that is. But alas, much has changed in the world of required BO reporting, so here I am standing in front my mic and talking about …
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Episode 57: Fixing the Hole in Your Net (And More!) If you thought the kinder, gentler SEC was only going to be kinder and gentler to the crypto community, you thought wrong. Today I’m going to briefly summarize two recent SEC actions that relaxed marketing-related rules: clarifying requirements for marketing materials and elements of 506(c). Key P…
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Episode 56: Interpretive Clarity. By now, you’ve probably heard the latest news from the sunshine and rainbows SEC: Meme coins are not securities! This is great news for the crypto community, which has a little more clarity today on how the SEC will interpret securities laws as they apply to digital assets. But is this the regulatory clarity we’ve …
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Episode 55: Sunshine and Rainbows…from the SEC. Just a couple short weeks ago I told you all about President Trump’s executive order on crypto, which was heavy on happy speak and light on substance. Of course, literally as I was recording that episode, the SEC started putting its money where its mouth is. Indeed, since I started speaking into that …
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Guess Who’s Back Episode 54: Show Notes. It’s true that I wanted to release this episode about as much as I want a hole in the head. But, I did promise you multiple times that I would keep you updated on the dumpster fire of the Corporate Transparency Act and…a liar I am not. Here’s the TL;DL(“listen”): The CTA is back on, and initial BO reports ar…
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A New Sheriff Episode 53: Show Notes. We went three whole days into Trump Administration 2.0 without the creation of a strategic bitcoin reserve, an announcement ending all federal lawsuits against crypto industry participants, and without any major crypto news. In fact, well into day 4 of the administration, the scoreboard looked like this: Trump …
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Everyone wants in on the AI craze – in addition to being the latest buzzy trend, AI is a technology that can actually think for you (or at least, trick people into thinking it’s thinking). Given the potential time and money savings AI can generate, a business owner like you might be negligent for not exploring how it could help their business. But …
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As you all prepare to hunker down by the fire, sip your egg nog and enjoy the company of your dearest friends and family members, throw in your earbuds, turn up the volume and unwrap this auditory gift recapping the year that was in fund and cryptoland 2024! Key Points From This Episode: Recapping the rosiest crypto developments from 2024. Bitcoin’…
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Good news just keeps on flowing out of the federal judiciary, as a District Court in Texas issued a nationwide preliminary injunction on Dec 3 enjoining the enforcement of the Corporate Transparency Act and the FINCEN beneficial ownership reporting requirement. This means that means that FOR NOW, companies do not have to file beneficial ownership r…
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Whatever your views on the election outcome, we can all enjoy the high – literally and figuratively – that’s captured the crypto world since early November. Today’s episode quickly recaps three recent developments that we can all celebrate. Key Points From This Episode: Bitcoin’s meteoric rise. Gary Gensler is resigning! A district court in Texas s…
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There is a presidential election happening right now, and regardless of your political views, if you’re listening to this, you probably like crypto. In fact, the election-related question I get most frequently goes something like this: If Trump wins, will he really replace Gary Gensler on day one as promised? Or If Harris wins, will she replace Gen…
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On my last episode, I went through a few common ill-conceived soundbites people wield against crypto generally and calmly explained why they’re a bunch of crap. But there was one I didn’t touch last time because I thought it was deserving of a little more spotlight. Haters sometimes claim that the crypto industry doesn’t want any regulation, and is…
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I keep hearing noise from talking heads denigrating and dismissing crypto with pithy ill-conceived soundbites. It’s the kind of thing you expect to hear from the Gary Genslers and Elizabeth Warrens of the world, but I also hear it from people whose opinions I usually respect. Inspiration for today’s episode came from the 9/20/24 episode of Real Tim…
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The digital asset fund manager community is up in arms about the SEC’s latest shenanigans against Galois Capital, and I’m here to tell you; so am I! The SEC alleged three separate violations, and gave us zero helpful detail/analysis/guidance that might let other asset managers avoid similar acitons. Key Points From This Episode: What violations did…
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An episode all about the glorious topic of marketing decks for private funds. Almost every fund has one. Almost every lawyer’s brain explodes when reviewing them. Tune in today to learn all about why. Key Points From This Episode: What rules govern investment adviser/fund marketing? The Seven Deadly Sins. What’s an Endfoot? Common mistakes in marke…
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Quick hit today to remind investment advisers about the SEC’s pay-to-play rule; formally known as Advisers Act Rule 206(4)-5. You may have heard that there’s a little election coming up here in November, and you may be emptying the piggy bank in support of your candidates of choice. Before going too hog wild though, make sure you brush up on your p…
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Exciting times this month, as certain institutional investment managers are gifted a new regulatory filing requirement! Key Points From This Episode: What is Form N-PX? Who has to file it? What needs to be reported? What is the deadline? Disclaimer: This show is for informational purposes only. Nothing presented here constitutes legal advice. Token…
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On back-to-back days in late June, the US Supreme Court issued two decisions that reasserted judicial primacy in statutory interpretation and dealt a blow to executive authority. The cases were SEC vs Jarkesy and Loper Bright Enterprises v. Raimondo, and together they demonstrate a Supreme Court deeply skeptical of the administrative state and of a…
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Last summer, the Sunshine State passed into law a new private fund exemption for investment advisers operating in Florida. It went into effect on Oct 1 last year, and thus FL has belatedly joined the community of states taking a lighter regulatory stance toward private fund managers. Key Points From This Episode: Why this is great news for fund man…
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It’s not everyday that I do a podcast episode about super technical banking rules. It’s also not every day that the president vetoes bipartisan legislation in an election year. But here we are…. Key Points From This Episode: What is SAB 121? Why do crypto degens hate it? Why do ordinary Americans hate it? Why does Tony the Mechanic love it? Disclai…
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Big news today (June 5) as the 5th circuit court of appeals VACATED the SEC’s private fund adviser rule!! Go back and listen to Episode 21 if you want to waste your time hearing all the details of this now-defunct rule. Special Note: you may notice while listening to today’s episode that I mistakenly refer listeners to Episode 29 for my full PFAR b…
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Today’s episode is all about the government’s attempts to jam the square peg of crypto mixers Tornado Cash and Samourai Wallet into the round hole of unlicensed “money transmitters”. But to grasp the full story, we need to understand some basic terms. Like “money transmitter”. Key Points From This Episode: What are (were?) Tornado Cash and Samourai…
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Last episode we dissected the SEC’s “venture capital fund” definition and discussed how, if an adviser manages only VC funds, there is no AUM ceiling on its ability to remain exempt from registration. If that same adviser manages money for any non-Venture capital fund, it has to register as an investment adviser once AUM hits $150mm. This can lead …
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Like I mentioned back in Episode 2, there are some down sides to relying on the private fund exemption – at the SEC level, the only “down” side is an AUM ceiling after which you have register (150mm…see ep 32). But many states require extra stuff if you’re managing any 3c1 funds: this varies by state, but many impose annual audit requirements and e…
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One of the underappreciated tasks a new fund manager needs to complete is its management company operating agreement. This is the agreement among the principals of the management company that controls how the entity is governed, how economics are split among the principals, etc. Key Points From This Episode: Why is it important to paper these agree…
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Recently, it seems like tokenizing things is all the rage. Everybody wants to talk about tokenizing real estate or art or securities or any other “real world asset”. Heck, even “RWA” has become a commonly understood acronym to describe things that exist in tangible form, as opposed to just digitally. Well, private investment funds are no different,…
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