All Professionals
Overview
Eric Sibbitt serves as both Co-Chair of the Global Fintech & Payments and Vice Chair of the Securities & Capital Markets practice groups. As one of the most trusted legal advisors in the Fintech industry, Mr. Sibbitt represents major trading platforms and other market intermediaries, leading innovators, and prominent investors in navigating the regulatory complexity presented by blockchain and new financial technologies and legacy regulation.
Mr. Sibbitt has broad expertise advising issuers and underwriters on IPOs and other complex equity and debt capital-raising and liability management transactions, as well as M&A and other strategic transactions, and provides clients with boardroom counsel on SEC and corporate governance matters.
Recognitions
- The Legal 500 USA, Fintech (2022)
- Recognized as a "Rising Star" by IFLR 1000 (2014-2021)
- Recognized as a California Trailblazer by The Recorder (2020)
- Recognized as a Notable Practitioner in Chambers FinTech (2019-2020)
- Recognized by the National Law Journal as one of its Cryptocurrency, Blockchain and Fintech Trailblazers (2018)
- Ranked in Chambers Global: Japan, Capital Markets Foreign Expert Based in USA (2014)
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
Representations
- The Official Unsecured Creditors Committee in the FTX Restructuring
- Coinbase Global in SEC matters in connection with Coinbase’s direct listing on Nasdaq.
- Circle in connection with SEC matters in connection with its proposed $9 billion deSPAC transaction with Concord Acquisition Corp. and other regulatory matters.
- The Crypto Ratings Council, the leading industry organization helping members assess the status of digital assets under the federal securities laws, in connection with its establishment, regulatory roll-out, development of the industry leading digital asset review framework.
- The underwriters in connection with the $1 billion initial public offering of Lending Club.
- Issuers and leading investment banks in dozens of initial public offerings, follow-ons, PIPEs, ATMs, exchange offers and other equity and debt capital raising and liability management transactions across fintech, traditional financial services, life sciences, technology and other industry sectors.
- Assisting digital asset intermediaries and investors in diligence and regulatory reviews of over 1,000 digital assets.
- Phantom Technologies, a non-custodial wallet provider, in connection with regulatory matters and its $100 million Series B equity financing.
- Numerous exchanges in connection with diligence on digital assets, regulatory frameworks, corporate policies and procedures.
- Numerous digital asset issuers and trading platforms in connection with cross-border business, DAO and regulatory structures.
- Emerging fintech companies and investors in connection with early stage, venture and hybrid equity and digital asset financings.
- Digital asset lenders and custodians in connection with custodial and digital asset lending products.
Engagement & Publications
- "What’s Next for Crypto and Digital Assets," UC Berkeley’s Innovation X Initiative (2021)
- "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 in 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)
Involvement
- Adjunct Assistant Professor of Law, University of California Hastings College of the Law
- Member, Board of Directors, Japanese Chamber of Commerce of Northern California
- Member, Innovation Advisory Counsel, Japan Society of Northern California