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How should employees, contractors, and companies think about token compensation? What are the legal, tax, and governance risks?
Jessica Furr is a lawyer focused on crypto compensation, governance, and market structure, and the author of Read the Fine Print on Token Compensation. Brandon Ferrick is a crypto and securities lawyer who advises companies on token incentive plans, equity compensation, and regulatory compliance.
Timestamps: ➡️ 1:28 — Why tokens are not equity (and why people assume they are) ➡️ 3:32 — Why token compensation exists alongside equity ➡️ 6:39 — What documents to look for in a token comp arrangement ➡️ 9:24 — Are tokens securities? How lawyers actually approach classification ➡️ 11:57 — Restricted Token Awards (RTAs) vs. Restricted Token Units (RTUs) ➡️ 13:28 — How tax treatment drives RTA vs. RTU decisions ➡️ 16:49 — What an 83(b) election is and why it matters for tokens ➡️ 21:16 — What employees should negotiate and clarify upfront ➡️ 25:45 — Emerging trends in token compensation structures ➡️ 28:28 — Where token compensation could go next
Sponsor: This episode is brought to you by the Decentralization Research Center (DRC), a nonprofit think tank advocating for decentralization in emerging technologies. Learn more at thedrcenter.org.
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