Andrea Tosato
News

News

Recent publications, law reform activity, and speaking engagements across private law, commercial law, and modern intangible assets.

2026

Media & Podcasts

Featured on the Consumer Finance Monitor Podcast: Digital Commercial Law

Professor Tosato joined Alan Kaplinsky on Ballard Spahr's Consumer Finance Monitor podcast, together with Christopher K. Odinet, to discuss their book Digital Commercial Law: Private Law in the Age of Tokens, Platforms, and Automation, published by Oxford University Press. The conversation examined the distinction between property rights and contractual rights in digital assets, custody and bankruptcy risk, stablecoins under the GENIUS Act, tokenization and secured transactions, and the CLARITY Act.

Law Reform

Tenth Session of the UNIDROIT Working Group on Verified Carbon Credits

Professor Tosato participated in the Tenth Session of the Working Group on the Legal Nature of Verified Carbon Credits, held at the seat of UNIDROIT in Rome from 14 to 16 October 2026. The session considered the responses to the public consultation on the draft Principles on the Legal Nature of Verified Carbon Credits, together with the iterated text of the Principles and Commentary. Professor Tosato serves as a Member of the Drafting Committee for this Working Group and of its Private International Law Sub-Group.

Awards & Recognition

Regulating Centralized Stablecoins cited by the Oesterreichische Nationalbank

The Oesterreichische Nationalbank cited Regulating Centralized Stablecoins: Comparing MiCAR and the GENIUS Act in Working Paper No. 280, Stablecoins, Inflation and the Settlement Hierarchy, by Martin Summer. The paper refers to the essay's analysis of MiCA and the GENIUS Act in its review of the regulatory literature on stablecoins.

Awards & Recognition

Andrea Tosato named Homer R. Mitchell Endowed Professor in Commercial and Insurance Law

Andrea Tosato has been named the Homer R. Mitchell Endowed Professor in Commercial and Insurance Law at SMU Dedman School of Law.

Media & Podcasts

Featured on the Macro Musings Podcast: The Moneyness of Stablecoins

Professor Tosato joined David Beckworth on the Macro Musings podcast, together with Christopher K. Odinet and Yesha Yadav, to discuss their forthcoming Yale Law Journal article on the moneyness of stablecoins. The conversation examined the four-part framework for assessing how effectively stablecoins serve as money, how the leading issuers measure against it, and the improvements and remaining gaps left by the GENIUS Act.

Law Reform

Eighth Session of the UNIDROIT Working Group on Verified Carbon Credits

Professor Tosato is participating in the Eighth Session of the Working Group on the Legal Nature of Verified Carbon Credits, held at the seat of UNIDROIT in Rome on 15 to 17 April 2026. He serves as a Member of the Drafting Committee for this Working Group, which is developing the UNIDROIT Principles on Verified Carbon Credits.

New Publication

The Moneyness of Stablecoins forthcoming in the Yale Law Journal

Professor Tosato's new article with Christopher K. Odinet and Yesha Yadav has been accepted for publication in the Yale Law Journal. The article develops an original framework for assessing the moneyness of stablecoins, evaluates the GENIUS Act, and proposes five targeted reforms to enhance stablecoin moneyness.

Awards & Recognition

Bankrupt Crypto Organizations wins SEALS Submission of the Year Award

The co-authored article "Bankrupt Crypto Organizations," published in the North Carolina Law Review, has been selected as the 2026 Submission of the Year by the Southeastern Association of Law Schools. The award will be conferred at the SEALS Annual Conference on 29 July 2026.

2025

Awards & Recognition

Debt Tokens and Crypto in Real Estate Finance cited by the Financial Services Agency of Japan

The Financial Research Center of the Financial Services Agency of Japan cited Debt Tokens and Crypto in Real Estate Finance in Discussion Paper DP2025-10, which examines the private law treatment of digital financial assets. The paper relies on Debt Tokens in its analysis of claims against a debtor in bankruptcy as controllable accounts, and on Crypto in Real Estate Finance in its discussion of tokenizing real estate through limited liability company interests.

Awards & Recognition

Regulating Centralized Stablecoins cited by Sveriges Riksbank

Sveriges Riksbank cited Regulating Centralized Stablecoins: Comparing MiCAR and the GENIUS Act in its staff memo Stablecoins Could Lead to Better Payments, but Risks Remain. The memo relies on the essay for its private law analysis of the differences between MiCA and the GENIUS Act, and of the weaknesses in the consumer protection terms of the largest stablecoin issuers.

Awards & Recognition

Professor Andrea Tosato elected to the American Law Institute

Andrea Tosato has been elected to membership in the American Law Institute, one of the highest honours in the American legal profession. The ALI is responsible for producing scholarly work to clarify, modernise, and improve the law, including the Restatements of the Law and Model Codes such as the Uniform Commercial Code.

Law Reform

UCC Article 12 enacted in 30+ states

The 2022 UCC amendments, including Article 12 on controllable electronic records, have now been enacted in over 30 states. Professor Tosato continues his work as Associate Research Director of the Permanent Editorial Board for the UCC, supporting implementation across all U.S. jurisdictions.

Media & Podcasts

Featured on Block & Order Podcast: Bankrupt Crypto Organizations

Professor Tosato discusses his North Carolina Law Review article examining how bankruptcy law principles apply when a debtor holds or operates with digital assets. The conversation explores the treatment of cryptocurrency exchanges and DeFi platforms in insolvency proceedings.

2024

Publications

Debt Tokens article featured in The ALI Adviser

The ALI Adviser features Professor Tosato's University of Pennsylvania Law Review article on debt tokens, examining how UCC Article 12 applies to blockchain-based debt instruments.

2023

Law Reform

UNIDROIT Principles on Digital Assets and Private Law published

The UNIDROIT Principles on Digital Assets and Private Law, for which Professor Tosato served on the Drafting Committee, were officially published. This international instrument provides a framework for jurisdictions worldwide to develop coherent legal approaches to digital asset transactions.

Awards & Recognition

The Private Law of Stablecoins wins Grant Gilmore Award

Professor Tosato's article with Kara Bruce and Christopher K. Odinet published in the Arizona State Law Journal receives the Grant Gilmore Award from the American College of Commercial Finance Lawyers in recognition of superior writing in the field of commercial finance law.

Media & Press

Featured in Barron's: Crypto's future and commercial law

Analysis of how the UCC Article 12 amendments are shaping the legal framework for cryptocurrency transactions in the United States. The article examines the implications of controllable electronic records for the future of digital asset regulation.

2022

Law Reform

2022 UCC Amendments and Article 12 approved

The Uniform Law Commission and American Law Institute approve the 2022 amendments to the Uniform Commercial Code, including new Article 12 on controllable electronic records. Professor Tosato served as a key contributor to the drafting committee.