LAW FACULTY APPOINTMENTS
University of Calgary Faculty of Law: Assistant Professor, Chair in Business Law and Regulation (August 2019 – Current)
ACADEMIC RESEARCH INTERESTS
Securities, Financial Market Regulation, Financial Technology (Fintech), Systemic Risk & Financial Crises, Financial Product Innovation, Investment Funds, Crypto-Assets
Peer-Reviewed Journal Articles, Reports and Book Chapters
• “Entry Barriers in Fintech,” in Marios Iacovides et al. eds. FINTECH COMPETITION (forthcoming, 2022 London: Bloomsbury-Hart).
• Emerging Canadian Crypto-Asset Jurisdictional Uncertainties and Regulatory Gaps, 37.1 BANKING AND FINANCE LAW REVIEW (2021), forthcoming
• Financial Inclusion in British Columbia: Evaluating the Role of Fintech, EXPERT PANEL ON BASIC INCOME REPORT, GOVERNMENT OF BRITISH COLUMBIA (December 2020).
• Regulating Fintech in Canada and the United States: Comparison, Challenges and Opportunities, in K. Thomas Liaw ed. THE ROUTLEDGE HANDBOOK OF FINTECH (2021, London: Routledge).
• Fintech Regulation in Canada, in Claudia Sandei, Marco Cian eds. RESEARCH HANDBOOK ON THE LAW OF FINTECH (2020, Wolters Kluwer Italia).
• Regulating Fintech in Canada and the United States: Comparison, Challenges and Opportunities,12:23 UNIVERSITY OF CALGARY, SCHOOL OF PUBLIC POLICY, SPP RESEARCH PAPERS (August 2019).
• (with Moin Yahya), Private Interests, Public Borders, and NAFTA’s Chapter 11: Lessons from the Mad Cow Saga (2007) 45:2 ALTA. L. REV. 381-399.
U.S. Law Review Articles
• Built to Fail: The Inherent Fragility of Algorithmic Stablecoins,” 11 Wake Forest L. Rev. Online 131 (October 2021).
• Why Comparability is a Greater Problem Than Greenwashing in ESG ETFs, (forthcoming) 13 William & Mary Business Law Review __ (2022)
• Misaligned Incentives in Markets: Envisioning Finance That Benefits All of Society 19 DePaul Business & Commercial Law Journal 1 (2021)
• Exchange Traded Confusion: How Industry Practices Undermine Product Comparisons in Exchange Traded Funds 15(2) Va. L. & Bus. Rev. 125 (2021)
• Are ETFs Making Some Asset Managers Too Interconnected To Fail? University of Pennsylvania Journal of Business Law, Volume 22, Issue 4, 722 (2020)
• New Funds, Familiar Fears: Do Exchange Traded Funds Make Markets Less Stable? Part I, Liquidity Illusions, 20 Hou. Bus. & Tax L. J. 15 (2020).
• New Funds, Familiar Fears: Are Exchange Traded Funds Making Markets Less Stable? Part II Interaction Risks, 21(1) Hou. Bus. & Tax L.J. 1 (2020)
• Evaluating The Costs and Benefits Of A Smart Contract Blockchain Framework For Credit Default Swaps, 10 WM & MARY BUS. L. REV 369 (2019).
• Rewarding Innovation or Facilitating Conflict? Exploring The Legal Implications of Teacherpreneurship 48 J.L. & EDUC 51 (2019).
• Assessing The Evolution of Cryptocurrency: Demand Factors, Latent Value and Regulatory Developments,8 MICH. BUS. & ENTREPRENEURIAL L. REV. 73 (2018).
• Trump’s “Big-League” Tax Reform: Assessing the Impact and Constitutionality of the President’s Proposed Changes, 7 MICH. BUS. & ENTREPRENEURIAL L. REV. 1 (2017).
• Canadian Sub-National Open Banking Implementation: Regulatory, Operational and Market Considerations.
Media / Blog Articles
• ESG ETFs and the Costs of Information Synthesis, Duke University School of Law, Global Financial Markets Center Financial Regulation Blog (October 4, 2021).
• We’ve Got New Harmonized Crowdfunding Rules. But How Will Industry Respond? ABlawg (University of Calgary Faculty of Law Blog) (August 4, 2021)
• Exchange-Traded Confusion: How Industry Practices Undermine Product Comparisons in Exchange Traded Funds. CLS Blue Sky Blog (Columbia Law School’s Blog on Corporations and the Capital Markets) (September 22, 2020).
• Are ETFs Making Some Asset Managers Too Interconnected To Fail? CLS Blue Sky Blog (Columbia Law School’s Blog on Corporations and the Capital Markets) (April 7, 2020).
• What Have We Learned So Far About ETFs In The COVID-19 Crisis? Duke University School of Law, Global Financial Markets Center Financial Regulation Blog (April 3, 2020).
• Stability’s Important, but Canada needs to take more chances with fintech, Financial Post (October 2, 2019).
• Safe Until They Aren’t? Investigating Liquidity Illusions In The Exchange Traded Fund Market, Duke University School of Law, Global Financial Markets Center Financial Regulation Blog (December 6, 2018).
• Evaluating The Costs and Benefits of a Smart Contract Blockchain Framework For Credit Default Swaps, Machine Lawyering, Chinese University of Hong Kong (August 21, 2018).
• Can a Cryptocurrency Self-Regulatory Organization Work? Assessing Its Promise and Likely Challenges, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (June 21, 2018).
• (with Lawrence Baxter and John Lightbourne) Blockchain is Overhyped, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (April 5, 2018).
• If We Can, Does It Mean That We Should? Volatility Linked ETPs and The Recent Crash, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (February 10, 2018).
• (with Lee Reiners & Sean Semmler) Why A Bitcoin Bubble Is A Good Thing, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (December 5, 2017).
• (with Lee Reiners & Sean Semmler) The Case For A Cryptocurrency Market Bubble, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (November 22, 2017).
• New CFTC Primer Casts Uncertainty on Unregulated Utility Token Market. Is This An Application of Goodhart’s Law? Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (November 13, 2017).
• Decoding The Demand For Cryptocurrency: What Is Driving The Historic Price Surge? Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (September 26, 2017)
• Is an ICO a Sale of Securities? An Analysis of The DAO Offering, Duke University School of Law, Global Financial Markets Center, Financial Regulation Blog (August 24, 2017).
• “Unsuited: Rejecting Conventional Career Advice and Finding Empowerment” (Boston, Mass: SENSE PUBLISHERS B.V., 2014).
Published Conference Papers
• (with Joanna Harrington), “The Kyoto Protocol: Overview, Critiques, and Canadian Implementation” 2005 Climate Change Initiative Workshop Report (Edmonton: The Centre for Applied Business Research in Energy and the Environment, 2005).
• (with Gerold Goldlist), “Privatizing the Canadian Gaming Industry – Is it in the Cards?” 2008 Canadian Gaming Summit: Legal and Regulatory Program Conference Proceedings (Montreal: Canadian Gaming Association, 2008).
SPEECHES, CONFERENCES AND OTHER PRESENTATIONS
• “Legal and academic perspective on how securities regulation intersects with innovation and growth,” Presentation to Canadian Advocacy Council, CFA Societies Canada (November 26, 2021).
•“Sustainable Investing: Greenwashing, Comparability, and ESG ETFs,” Presentation to Environmental Law Society, University of Calgary Faculty of Law (November 25, 2021).
• “Emerging Canadian Crypto-Asset Jurisdictional Uncertainties and Regulatory Gaps”, presentation to Cyberjustice Laboratory, University of Montreal (November 10, 2021).
• “Implications of Blockchain Technology,” moderator and panel participant, 50th Annual Conference, Canadian Council on International Law (October 21, 2021)
• The Day The Loonie Died (Panel Participant). University of Calgary Alumni All Access Panel (September 28, 2021).
• “Regulating Decentralized Finance” Financial Times, Future Leaders Webinar (September 23, 2021)
•“Does Elon Musk Know Something We Don’t: Assessing the ‘Optimal’ Level of Corporate Crime,” with Professor Bryce Tingle, University of Calgary Incoming Law Student Summer Lecture Series (July 8, 2021).
• “Emerging Canadian Crypto-Asset Jurisdictional Uncertainties and Regulatory Gaps,” Alberta Early Career Legal Scholars Workshop (June 1, 2021).
• “Emerging Canadian Crypto-Asset Jurisdictional Uncertainties and Regulatory Gaps” Presentation to Alberta Securities Commission Staff and Executive (June 24, 2021).
•“Financial Inclusion: Evaluating the Role of Fintech” Faculty Presentation, University of Calgary Faculty of Law (April 1, 2021)
•“ETFs & Passive Investing: Regulatory Challenges and Financial Stability Implications” Financial Issues Webinar Series presentation to Directorate‑General for Financial Stability, Financial Services and Capital Markets, DG-FISMA, European Commission’s department responsible for EU policy on banking and finance (March 26, 2021)
•“How do Cryptocurrencies Affect the Canadian and International System’s Financial Stability?” McGill International Business and Trade Law Society, 2nd Annual Conference, Technologies Transforming International Business and Trade Dynamics Turning Opportunities into Threats (March 19, 2021).
•“The Game Stop Saga. What Happened and What Does It Mean?” Business Law Students Association Special Event, University of Calgary Faculty of Law (February 12, 2021)
•“What Are the Objectives of Alberta Securities Laws?” Saturday Morning at The Law School Presentation Series, University of Calgary Faculty of Law (December 12, 2020)
• Emerging Issues in Fintech Regulation, Purdy Crawford Business Law Workshop: Business Regulation and the Digital Economy (virtual), Dalhousie University Law School (September 25, 2020).
• Fintech & Financing Conference (FFCON20) RISE (July – August 2020), Participation in various panel breakout sessions.
• “What Have We Learned so far about ETFs in the COVID-19 Crisis?” University of Calgary School of Public Policy Webinar Series (May 20, 2020)
• “Financial Inclusion in British Columbia: Evaluating The Role of Fintech” presentation to Universal Basic Income panel, Vancouver School of Economics, University of British Columbia (December 9, 2019).
• “Emerging Systemic Risks in Exchange Traded Funds” paper presentation at Americans For Financial Report Conference on Registered Funds, Georgetown University, Washington, D.C., USA (December 3, 2019).
• “The Future of Financial Markets – How Financial Products and Processes are Impacted by Technology” panel participant at Shoulder to Shoulder Conference, Goodenough College-University of Calgary, London, UK (November 28, 2019).
• “Energizing Alberta’s Capital Market” moderator and panel participant at Alberta Securities Commission webinar (September 18, 2019).
• “Regulating Crypto” presentation to Scientific Council, University of Calgary School of Public Policy (June 3, 2017).
• “Regulating Crypto” moderator and panel participant at University of Calgary School of Public Policy “Policy & a Pint” series event (May 7, 2019).
• “Derivatives and Securitization,” guest lecturer in Corporate Finance class at University of Calgary Faculty of Law (March 28, 2019).
• “Regulating Fintech: Overview, Challenges and Opportunities,” presentation given at JRCLS 2019 Faculty Conference, Tulane University Law School (January 2, 2019).
• “Regulating Fintech: Overview, Challenges and Opportunities,” presentation given at Fintech, Big Data and Canada’s Financial Markets Conference, University of Calgary School of Public Policy (November 7, 2018), One King West Hotel, Toronto, ON.
• “Blockchain, Bitcoin and Cryptocurrency: A Primer,” guest lecturer in Cultural Anthropology 305 class at Duke University, November 5, 2018.
• “Early History of U.S. Fiat: Dueling Ideologies, Dueling Banks, Dueling Currencies,” guest lecturer in Public Policy 306 class at Duke University, October 1, 2018.
• “Evaluating the Costs and Benefits Of A Smart Contract Blockchain Framework For Credit Default Swaps,” Duke University Law School, Student Scholarship Workshop Series, April 10, 2018.
• “Wills & Estate Planning: A Review of Recent Legislative Changes,” PPI Solutions Conference, October 24, 2011, Kananaskis, Alberta.
• “Private Interests, Public Borders, and the NAFTA’s Chapter 11: Lessons from the Mad Cow Saga” (with Moin Yahya) at the University of Idaho Annual International Law Symposium 2007 “Free Trade or Fair? The Softwood Lumber Dispute and Beyond” held March 3, 2007, Sandpoint, Idaho.
Podcasts, Radio & Other Media Broadcasts
• What is the Future of Financial Inclusion, The Most Hated F Word Podcast (September 16, 2021) [Discussing Fintech’s role in greater financial inclusion and open banking in Canada].
• Finding Your Way – The path to authenticity in the legal profession, Goodlawyer Podcast (September 15, 2021)
• Bailing Out Wall Street, Sacrificing Main Street, It’s Our Money With Ellen Brown
• ETFs and Financial Stability, The FinReg Pod, Duke Global Financial Markets Centre
Other (Non-Academic) Talks
• “The Art of Career Fulfillment: How to Design A Value-Aligned Career Path That Is Authentic, Fulfilling and Personally Empowering” Bow Valley College Backpack to Briefcase Series, Calgary, AB, November 23, 2015.
• “Youth and Entrepreneurialism”, featured keynote speaker on entrepreneurship for Calgary Startup Weekend for Youth sponsored by STEM Learning Lab, Startup YYC, and Innovate Calgary, May 2015.
• “What They Don’t Teach You About Career Fulfillment in School”, Alberta Career Development Conference, Edmonton, AB, April 30th, 2015.
• “Career Planning 2.0,” Raymond High School. Raymond, AB, April 28th, 2015.
• “Accelerate Your Career: Empower Your Career,” Calgary Public Library Accelerate Your Career Workshop, Keynote Speech, Calgary, AB, April 25th, 2015.
• “What They Don’t Teach You About Career Fulfillment in School,” TEDxKelowna, Kelowna, BC, September 25, 2014.
Doctor of Juridical Science (SJD), 2020, Duke University Law School, Durham, North Carolina
• Dissertation: Post-Crisis Financialization Through Product Innovation: Assessing Complexity, Growth & Design in Exchange Traded Products
• Four doctoral papers published or accepted for publication in U.S. Law Reviews
• Fellow, Global Financial Markets Center at Duke Law School
Master of Laws (LLM), Magna Cum Laude, 2018, Duke University Law School, Durham, North Carolina
• 3.83 / 4.0 cumulative grade point average
• Duke Law School Merit Award Scholarship
• Viscount Bennett Fellowship, Law Society of Alberta
• Graduate Research and Teaching Assistant; Contributor to FinReg blog at Duke Global Financial Markets Center; Duke Online Coursera Fintech Project Course Collaborator
Bachelor of Laws (LLB), Distinction (Equivalent to Juris Doctor (JD)), 2007, University of Alberta Faculty of Law, Edmonton, Alberta
• Dean’s List, First Class Standing in all years, 3.8/4.0 cumulative grade point average
• Louise McKinney Scholarship (top 2% in Faculty of Law); Judge Nelles V. Buchanan Memorial Scholarship in Litigation; Canadian Petroleum Tax Society Award (Highest Standing in Corporate Tax); Lloyd W. Gardiner Memorial Prize in Trusts (Highest Standing in Trusts); Chomicki Baril Mah LLP Prize in Civil Procedure (Highest Standing in Civil Procedure); Alberta Law Foundation Scholarship for Academic Excellence; Abe W. Miller Prize in Criminal Law; and Edmonton Bar Association Entrance Scholarship
• Jim Brimacombe Moot Court Competition 2nd Place
• Borden Ladner Gervais LLP 2005 Summer Research Fellowship
• Selected to compete in 2006 Canadian Corporate Securities Moot Court Competition
• Faculty of Law Research Assistant (Professors Russell S. Brown & Moin A. Yahya)
Bachelor of Arts Honors (Economics), First Class Honors, 2004, University of Alberta, Edmonton, Alberta, Canada
• Dean’s List, First Class Standing; Louise McKinney Scholarship (top 2% in Economics program); HSBC Award in Economics; Golden Key International Honors Society; KD Verdville and DM Lowtan Scholarship; and Andrew Stewart Scholarship in Economics.
UNIVERSITY TEACHING & CURRICULUM DEVELOPMENT
University of Calgary, Faculty of Law. Assistant Professor, Chair Business Law and Regulation, Calgary, Alberta, June 2019 – Current
• Teaching: Securities Law (Law 648) Fall 2019, Winter 2020, Winter 2021, Fall 2021 (planned); Fintech Law & Policy (Law 693) Winter 2020, Winter 2022 (planned); Property Law (Law 404) Fall 2020, Winter 2021, Fall 2021, Winter 2022 (planned); Guest Lectures: Introduction to US Law (Fall 2019, Fall 2020); Corporate Finance (Winter 2019, Winter 2020).
• Faculty Supervision: Canadian Corporate & Securities Law Moot (Law 677); Bowman National Tax Moot (Law 693); Alberta Court of Appeal Moot (Law 693); Blackstone Debate (1L); William McGillvery Moot Court Competition Judge; Foundation Moot Judge (1L)
• University Service: General Faculties Council, Law Representative (2020 – Current), Mooting Committee (2019 – Current), Faculty Guidelines Review Committee (2021 – Current), LLM Supervision, Committee Work and Neutral Chair (Numerous, 2020 – Current)
• Miscellaneous: Co-created business law reading club (with Professor Bryce Tingle); Fintech “Mini-Lecture” July 22, 2020; Fintech “Discussion Series” Fall 2020; Assisted in re-design of “Business Law at UCalgary” webpage initiatives.
• Awards: Nominated for Howard Tisdell teaching excellence award, 2019-2020, 2020-2021
Duke University School of Law, Graduate Teaching and Research Assistant, Durham, N.C., 2018-2019
• Graduate research and teaching assistant at Duke Law School and the Duke Global Financial Markets Center. Assisted in course and assessment design for new online course in “Financial Technology: Law and Policy” jointly developed for the Duke Online Learning Project, and Duke Law School, hosted by Coursera.
University of Alberta Faculty of Law, Adjunct Professor, Edmonton, Alberta, 2015-2017
• Winner of 2015-2016, Student Nominated, Pringle Royal Teaching Excellence Award at the University of Alberta Faculty of Law (top teaching award for adjunct instructors).
• Entrepreneurial Law (Law 599-B20): Designed, developed, and delivered a new course in the Faculty of Law on entrepreneurial law (start-up companies), with responsibility for course design, delivery and assessment. Winter 2016 & Winter 2017 Semesters.
• Corporations Law (Law 451-A3): Designed, developed, and delivered core course in the Faculty of Law on corporate law, with responsibility for course design, delivery and assessment. Fall 2016 Semester.
Southern Alberta Institute of Technology (SAIT), Adjunct Instructor, Calgary, AB, 2015-2017
• Adjunct Instructor in undergraduate Business Law 205 (BLAW 205). Fall 2016 Semester.
• Co-created and delivered professionalism, relationship building and networking skills course pilot in the Communications 256 / 266. Fall 2015 & Winter 2016 Semesters.
SELECT MEDIA MENTIONS
• JP Koning, Gary Gensler, You Should Be Watching How Canada Is Regulating Coinbase, Coindesk (September 27, 2021) [cited in relation to Canadian crypto-asset trading platform regulation]
• Canadian Lawyer, Canadian law schools 2021/22: Resources if you’re considering whether, and where, to become a lawyer (September 2, 2021) [mentioned as a “notable faculty member” on the University of Calgary Faculty of Law profile]
• Doug Beazley, Beyond past due, CBA National Magazine (August 24, 2021) [quoted on Canadian open banking regulatory frameworks and consultations]
• Ian Burns, Open banking report a good start but questions remained unanswered, legal experts say, The Lawyer’s Daily (August 18, 2020) [quoted on Canadian open banking regulatory frameworks and consultations]
• Mike Fisher, Law Professor Aims to Make Banking System Fair and Accessible for All, UCalgary News (May 18, 2021) [interviewed on research on fintech and financial inclusion]
• Aidan Macnab, University of Calgary Launching Fintech Law and Policy Course, CANADIAN LAWYER MAGAZINE (March 6, 2017) [ profile and interview on new course that I created on fintech law and policy for the University of Calgary Faculty of Law).
• Researcher Works to Help ‘Underbanked’ Canadians Who Fall Between Cracks, UCalgary Today (November 12, 2019) [interviewed on research on fintech and financial inclusion]
• Paul Vigna, Winklevoss Effort to Self-Regulate Cryptocurrency Gets Members, THE WALL STREET JOURNAL (August 20, 2018) [quoted on factors required for self-regulatory organizations to be successful in the cryptocurrency industry]
• The Startup Economy, CANADIAN LAWYER MAGAZINE (March 6, 2017) [quoted on impact of entrepreneurialism and the start-up economy on the practice of Canadian law]
RESEARCH AND OTHER GRANTS
• B.C. Universal Basic Income Research Grant (Fintech as a Market Solution to Financial Exclusion)
• Viscount Bennett Fellowship, Law Society of Alberta
• Duke Law School Merit Scholarship
• BLG Research Fellowship
• Special Marketing Advisor, The Child Rescue Association of North America.
• Coach and Mentor, Startup Weekend EDU Calgary.
• Advisory Board, Calgary Loan Review Committee, Canadian Youth Business Foundation (Business Development Bank of Canada).
• Called to the Bar as a Barrister and Solicitor with the Law Societies of Alberta and Ontario, 2008
JOURNAL, BOARD, OR REGULATORY ADVISORY COMMITTEES
• Journal of Financial Regulation and Risk Management (2020 – Current)
• New Economy Advisory Committee, Alberta Securities Commission (2020 – Current)
• Canadian Securities Administrators (CSA), Emerging Systemic Risks (2020-Current)
• National Digital Asset Exchange (2020 – Current)
• Investment Industry Regulatory Organization of Canada, Crypto Asset Working Group (2020 – Current)
•Board of Directors, Harvest Venture Builder Inc. (2021)
• Managing General Editor, Banking and Finance Law Review (2021)
• Editorial Board, Banking and Finance Law Review (2021)
• Co-Editor, Special Fintech Edition, Banking and Financial Law Review (2020-2021)
AFFILIATED RESEARCH FELLOW
• Nonresident Fellow, Duke Global Financial Markets Center, Duke Law School (2018 – Current)
• Affiliated Researcher, Marcel A. Desautels Centre for Private Enterprise and the Law, Faculty of Law, University of Manitoba (2021 – Current)
Harvard University Professional Development, Cambridge, Massachusetts, Program on Negotiations for Senior Executives, 2010
• Completed Program on Negotiations for Senior Executives, and Dealing with Difficult People and Difficult Situations Seminars, jointly offered through Harvard Law and Business Schools
CSI Global Education Inc. (Formerly Canadian Securities Institute)
• Canadian Securities Course, 2003
• Conduct and Practices Course, 2003
• Derivative Fundamentals Course (Honors), 2004
LEGAL EMPLOYMENT (INDUSTRY)
• Alberta Securities Commission, Senior Policy Advisor, New Economy, Calgary, AB, 2019-Current
• Kahane Law Office, Corporate, Securities and Commercial Lawyer, Calgary, AB, 2015-2019
• Ryan J. Clements Professional Corporation, Corporate and Securities Lawyer, Calgary, AB, 2012-2015
• Clements Tilleman Law Office, Founder, Corporate and Securities Lawyer, Calgary, AB, 2009-2012
• Blake, Cassels & Graydon LLP, Associate Lawyer, Corporate and Securities, Calgary, AB, 2008-2009
• Davies Ward Phillips & Vineberg LLP, Student-at-Law, Summer Law Student, Toronto, ON, 2006-2007