Lexpert Magazine

June 2018

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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LEXPERT MAGAZINE | JUNE 2018 63 | BLOCKCHAIN TECHNOLOGY | fruitful for law departments. Timothy Hill, technology policy adviser at the Law Society of England and Wales told media that Walport' s report makes it clear that blockchains "are a powerful innovation that could have a profound impact on both the law and the provision of legal services." Indeed, the applications seem endless. "[Smart contracts] could be used to de- clare wills, transfer property or create self- executing contracts," Hill said. "ey also raise profound questions about the future balance between technical code and legal code – something Walport suggests that lawyers and technologists will need to work together to get right." Blockchain's most telling inroads so far have been in the financial services in- dustry, which to a large degree functions as a centralized intermediary. According to Rob Dawkins, McGowan's partner at BLG in Vancouver, the emergence of cryptocurrency "promises to give a bank account to anyone with a mobile phone, no ID required." In other words, the services of banks and other intermediaries will not neces- sarily be required to keep track of money and ensure that it has been transferred to legitimate parties. In the blockchain, to- tal strangers can keep an accurate ledger of records without resort to trusted third- parties or middlemen. Major institutions, however, are con- fronting the threat to their business. "Before 2015, few major financial in- stitutions had announced investments in the sector," the Tapscotts write. "To- day, Commonwealth Bank of Australia, Bank of Montreal, Société Générale, State Street, CIBC, R BC, TD Bank, Mit- subishi UFJ Financial Group, BNY Mel- lon, Wells Fargo, Mizuho Bank, Nordea, ING, UniCredit, Commerzbank, Mac- quarie, and dozens of others are investing in [blockchain] technology and wading into the leadership discussion." According to the Tapscotts, "financial titans" are also playing venture capitalist in this arena. Among those who have made direct investments in start-ups or incuba- tors are Goldman Sachs, NYSE, Visa, Bar- clays, UBS and Citigroup. In keeping with the times, the Cana- dian Securities Exchange earlier this year announced the introduction of a securi- ties clearing and settlement platform us- ing blockchain technology. e platform — an intersection of digital assets with traditional financial products — will al- low companies to issue conventional eq- uity and debt through tokenized securi- ties. "While the platform is subject to regulation by securities commissions and not a full public blockchain, it is expected to provide real-time clearing and settle- ment," Druzeta says. But financial services are just the tip of the iceberg. "In the near term, the technology is intuitively applicable to cer- tain aspects of a wide range of industries, particularly their supply chains," says Ste- phens, like his Montreal-based partner Christian Jacques spends "pretty much 100 per cent of my day" dealing with legal and business issues arising from the technology. Blockchain technology has already been applied to medical records, land registry holdings, digital identity and even dia- SOURCE: PWC: MAKING SENSE OF BITCOIN, CRYPTOCURRENCY, AND BLOCKCHAIN

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