Kathleen Garrett

Cryptocurrency custody insolvency: why it remains so complex

Lawyers often call matters “highly complex”, and cryptocurrency custodian insolvency genuinely earns that label. Foundational questions remain unsettled: the legal nature of the asset (proprietary interest or mere contractual right), its situs, governing law, and the application of conflicts rules even before consideration of the applicable custody arrangements – all against a backdrop of evolving technology and fragmented, catch‑up regulation in an AI‑accelerated world.