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Terraform Labs Secures Dentons Representation

By Jerry McNeill
Mar 18, 2024
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U.S. Judge Brendan Shannon has given the green light for bankrupt cryptocurrency firm Terraform Labs to enlist the legal services of law firm Dentons, as reported by Reuters. Shannon rendered the decision during a bankruptcy court session in Wilmington, Del., deeming Terraform's legal expenses as a "necessary and appropriate" utilization of the company's financially troubled resources.

The approval comes despite prior opposition from the Securities and Exchange Commission (SEC) and Terraform's creditors, who contended that allocating funds to legal fees diverted resources away from them. Terraform Labs has already disbursed a substantial sum of $166 million to Dentons in legal fees since the commencement of 2023.

In an attempt to assuage dissenting voices, Dentons has agreed to reimburse Terraform with $48 million while subjecting its forthcoming legal endeavors to heightened oversight by the bankruptcy court. A portion of the remaining advance will be retained by Dentons to cover expenses associated with an impending trial that will determine any penalties Terraform must endure following the SEC's securities fraud lawsuit.

Not only are Dentons' attorneys receiving significant payouts for defending Terraform, but their work is also under scrutiny in ongoing litigation between cryptocurrency firms and regulatory bodies, particularly the SEC. Other companies embroiled in securities fraud charges by the SEC include Ripple, Coinbase, and Binance.

In December, a federal judge ruled that Terraform Labs and its founder Do Kwon ran afoul of U.S. securities laws by neglecting to register their primary operations— the now-defunct UST and LUNA cryptocurrencies— as a securities offering. LUNC, a rebranded version of the original LUNA, played a pivotal role in anchoring Terra's flagship cryptocurrency, the algorithmic stablecoin UST, to the U.S. dollar.

Despite initial confidence in UST's resilience, the burn/mint mechanism designed to maintain its value faltered in May 2022, precipitating a significant exodus from UST and thrusting LUNA V1 into a hyperinflationary spiral. Two months ago, a community-led proposal was ratified to reduce the interest rate on UST's initial usage, prompting widespread liquidation of UST and the minting of trillions of LUNA.

This tumultuous event had far-reaching repercussions, triggering a recession that reverberated throughout the industry. Numerous companies affiliated with the Terra ecosystem, including Celsius, Voyage, Vauld, FTX, and Three Arrows Capital, grappled with bankruptcy amid the ensuing Crypto Winter.

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