Eric Sibbitt

Partner

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Eric Sibbitt structures and executes initial public offerings and other complex capital-raising transactions for companies and underwriters, including NYSE and NASDAQ listings, registered follow-on offerings, global offerings, PIPEs and other private offerings, and liability management transactions.  Clients turn to Eric for boardroom counsel on SEC and corporate governance matters, and he also frequently advises on cross-border public and private company mergers, acquisitions, tender offers, and going-private transactions.

As Chair of the firm's Financial Technology Practice, Eric uses a pragmatic approach to navigating the tension between legacy regulations and innovative business models, advising fintech companies, cryptocurrency exchanges, and investors on financings, token offerings, and securities issues.  The National Law Journal recently named Eric to its list of 2018 Cryptocurrency, Blockchain and Fintech Trailblazers.

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Languages

  • Japanese

Honors & Awards

  • Recognized as a “Rising Star” by IFLR 1000 (2014-2020)
  • Recognized as a Notable Practitioner in Chambers FinTech (2019-2020)
  • Recognized by the National Law Journal, "2018 NLJ Cryptocurrency, Blockchain and Fintech Trailblazers"
  • Ranked in Chambers Global: Japan, Capital Markets Foreign Expert Based in USA (2014)

Admissions

Bar Admissions

  • California
  • New York

Education

  • Harvard University, J.D., 1997: cum laude; Editor-in-Chief of the Harvard International Law Journal
  • Kyushu University, LL.M., International Economic and Business Law, 1998
  • University of California at Berkeley, A.B., Economics and Asian Studies (East Asian Political Economy), 1993: High Honors, Phi Beta Kappa
  • Osaka University, Economics Department, 1991-1992

Professional Activities

Adjunct Assistant Professor of Law

  • University of California Hastings College of the Law

Member

  • Board of Directors, Japanese Chamber of Commerce of Northern California
  • Innovation Advisory Counsel, Japan Society of Northern California

Speaker

  • “Blockchain & Crypto Currency,” Cal CPA Society Annual Tax Conference (2019)
  • “Regulatory Trends for Crypto,” FinTech 3 Workshop at Bonny Doon (2018)
  • “Bankruptcy Issues Related to FinTech & Cryptocurrency,” The Bar Association of San Francisco (2018)
  • “Fin-Tech Regulation in the United States,” Sogang University Conference on Fin-Tech in Seoul, Korea (2015)
  • “Non-Profits Seeking Profits: The Emerging Roles of Foundations in Advancing Biotechnology,” Allicense (2015)
  • “Equity Crowdfunding,” UC Hastings Disrupt
  • Regulation the Disruption Economy: Tech Startups as Regulatory Reformers, UC Hastings Conference (2015)
  • “Trends in US-Japan Cross-Border M&A,” UC Hastings College of the Law (2009)
  • “American Attorneys and Transactional Legal Practice in Japan,” UC Hastings College of the Law (2008)
  • “SOX Goes Global: Understanding the International Impact of Sarbanes-Oxley,” International Practice Section of the Barristers Club of San Francisco (2006)
  • “US Perspectives on the Convergence of International Securities Regulation and the Global Competition for Foreign Listings,” Faculty of Law, Oxford University, United Kingdom (2006) 

Publications

  • “Five Crypto-Securities Trends that Spell More Lawsuits in 2018,” Journal of Investment Compliance, Vol. 19 Issue: 2, pp. 13-15 (2018)
  • “A smoother IPO path under the Jobs Act,” International Financial Law Review (May 31, 2012)
  • “Capital structure and tax considerations for an IPO,” The Deal Magazine (September 13, 2011)
  • “Disclosure of Pre-IPO Transactions,” The Deal Magazine (March 17, 2011)

Co-Author

  • “Resurrecting Time-Barred Crypto Claims Is An Uphill Struggle,” Law360 (May 6, 2020)
  • “Legalized sports gambling: Anti-money laundering compliance,” Westlaw Journal Bank & Lender Liability (October 29, 2018)
  • Expert Contributor, “Understanding Distributed Tokens: Market Overviews and Proposed Guidelines for Policymakers & Practitioners,” Chamber of Digital Commerce’s Token Alliance (July 30, 2018)
  • “Accessing Capital Through Customised PIPE Offerings,”  Eurekahedge e-newsletter (November 15, 2016)
  • “Overseas IPO Strategies for Global Japanese Companies - US/JOBS Act,” Business Homu (August 21, 2012)

Alerts and Publications

Law360: Resurrecting Time-Barred Crypto Claims Is An Uphill Struggle

May 6, 2020

Discovering a Discovery Rule in Crypto Cases? The Uphill Struggle Plaintiffs Face in Trying to Resurrect Time-Barred ICO Claims

April 14, 2020

Heads Up: AML and Economic Sanctions Moves the Crypto Industry Should Watch for From Regulators in 2020

February 25, 2020

Momentum Year in Review

January 21, 2020

Cryptocurrency Industry and Investors Receive New Guidance on Key Tax Issues: Hard Forks, Airdrops, and Other Virtual Currency Transactions Addressed by IRS

October 10, 2019

Token Alliance Releases 2019 Edition of Best Practices Guide For Digital Tokens: O’Melveny Lawyers Serve As Expert Contributors

August 14, 2019

Video: Cryptocurrency Insights: Emerging Trends

June 5, 2019

FinCEN SPEAKS CRYPTO: Extensive New Guidance for ICOs, Digital Wallets, DApps, Trading Platforms, Decentralized Exchanges, and others in the Blockchain and Crypto Space

May 16, 2019

FinCEN Lays Down a New Marker in Cryptocurrency Anti-Money Laundering Enforcement

April 26, 2019

The SEC’s Most Recent ICO Enforcement Action: A Possible SEC Enforcement Action Roadmap for Unregistered Offerings?

March 5, 2019

Blockchain and Antitrust: Emerging Issues for Businesses

February 7, 2019

O’Melveny’s Fintech Group: Quick Facts

January 26, 2019

Momentum Year in Review

January 23, 2019

Expanded CFPB Sandbox Promises Greater Protections for Fintech and Other Financial Services Companies

January 4, 2019

The Presumption of Token Innocence: Not a Security Until Proven a Security?

December 11, 2018

A Tale of Two Token Sales: the SEC Offers a Path Forward for Certain Unregistered Token Sales

November 27, 2018

Money Laundering Compliance Risks in Legalized Sports Gambling

October 23, 2018

Fintech: Anti-Money Laundering Compliance 101

October 8, 2018

Legalized Sports Gambling: Anti-Money Laundering Compliance

September 26, 2018

Crypto Enforcement - SEC Announces First Action for Investment Company Act Violation

September 19, 2018

Regulators Take Action Against Crypto Businesses

September 14, 2018

Best Practices for Token Sales Released by the Token Alliance

July 30, 2018

Press Releases

In the News