An overview of blockchain-related litigation (USA – 2010 to 2021)

In April 2020, I published an article exploring the past decade of blockchain litigation (here). I have some updated numbers to share with you for the period 2010 to 2021 (included). Using WestLaw, I researched “advanced: (blockchain OR bitcoin OR cryptocurrency)” at the state and federal levels and came up with the following results:

  • The amount of blockchain-related litigation is increasing. That said, these numbers remain very low compared to non-blockchain cases, and they are over-inclusive: a court decision may mention blockchain without being about blockchain per se.
  • More interestingly, today’s research confirms my first findings: the vast majority of blockchain-related litigation is civil in nature. There is therefore a disconnect between policymakers’ and regulators’ focus on criminal cases and what really concerns plaintiffs. Criminal cases represent 34,66% of all blockchain-related litigation. That’s a lot, but not as much as civil cases (82,47%).
  • Last, “antitrust” claims amount to 11,73% of blockchain-related cases. That’s the fifth most common type of claim in blockchain litigation, although, on closer inspection, most of them are not antitrust cases but unfair commercial practices. Should you be interested in blockchain antitrust litigation, you can always read my book and this analysis.

To quote this short study: Thibault Schrepel, An overview of blockchain-related litigation (USA – 2010 to 2021), Concurrentialiste, March 15, 2022
*(feel free to use my graphs)


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