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by johndhi 1156 days ago
This story is INCREDIBLY interesting on a lot of levels.

Here's one level: Paul Grewal, the 'head lawyer' referred to in the underlying articles, is a former United States federal (magistrate) judge. He was the judge who oversaw part of the Apple v. Samsung patent cases, some of the biggest technology cases litigated in history.

In other words, he's basically as respected in the legal community as you can possibly imagine, and he made the controversial move of exiting the judiciary to go back into private practice. And now he's clashing with an administrative agency in a public, confident, perhaps brazen way.

Coinbase essentially hired the absolute best person to challenge the government on this point. It's sort of like wanting to hire a good basketball coach and hiring Michael Jordan, or something.

It's very interesting to watch from the sidelines, because not only is the legality of crypto at stake, but this guy's amazing career feels at stake, too, like he's betting his name on this.

4 comments

He's not betting his name as much as you think. It's normal for lawyers to continue having excellent careers after losing significant cases.

(Also for full clarity magistrate judge is the lowest level in the federal system. Not that that isn't impressive, though)

Technically I'd say administrative law judges are a lower rung than US Magistrates, but yes, fair enough.

To be clear, though, Grewal was a magistrate in one of the most important districts (Northern District of California) on some of the most important cases in history.

Good points. I'm not sure if this is right but I wasn't thinking of ALJs as being in the "federal system", which I admit isn't a precise term.

In terms of distinguished prior careers I'd say that's less than plenty of current lawyers though. One example could be Neal Katyal, who has agued all kinds of shit before the supreme court.

Imo Katyal wouldn't meet the same stakes I'm suggesting are present for Grewal.

Katyal is famous for being an advocate at the highest level - arguing zealously for his clients in high stakes scenarios. Grewal is different: he is famous for being a neutral third party (a judge) in high stakes scenarios. Judges are respected in a different way from lawyers. They're expected to be above reproach, basically. And now one is arguing on behalf of Coinbase.

This an existential issue for Coinbase, so it's not surprising they would shell out for the best lawyer they could get. And it's not surprising that Grewal would quit his judgeship for a payment that's probably more than 10x his annual salary. Grewal is risking very little. He'll be set for life regardless of how this turns out.
That's the thing -- it feels risky (at least for me, a lawyer) because being a federal judge is like the most coveted position in the world, and lawyers are incredibly serious people about maintaining their reputations and impartiality etc.
And? Lawyers have argued cases for the benefit of far worse groups than Coinbase, without tainting their reputations and impartiality.

It's not the case that a lawyer argues - everyone who needs legal representation deserves to have it, it's how a lawyer argues it.

He was at Facebook before Coinbase, seems like he surely likes challenges.
> Michael Jordan

Phil Jackson, maybe