For anybody not following along with the SEC vs. Ripple ($XRP) litigation, there was a semi-recent ruling requiring production of potentially privileged advice from Ripple’s legal counsel regarding securities issues central to the case. This was a huge ruling, and could be very harmful to Ripple depending on what is in those documents. There haveContinue reading “Check Your Privilege- Legally”
Author Archives: nfttorney
Explaining The Bored Ape v. OpenSea Lawsuit
NFT lawsuits are here! NFT lawsuits are here! Thank God almighty, NFT lawsuits are here! As a litigator, it is great to see the NFT wild wild west come to the courts. First came the Quentin Tarantino and Birkin Bag lawsuits on intellectual property issues. Now it is a Bored Ape owner (or, more aptly,Continue reading “Explaining The Bored Ape v. OpenSea Lawsuit”
New Digital World, Old Legal Rules
It’s time for me, as one of the only lawyers in the NFT Twitter room, to once again let everyone know they are making huge mistakes by treating NFTs as the lawless wild west. I regularly see people brag about doing deals in the NFT space without any formal written agreements. As an NFT collectorContinue reading “New Digital World, Old Legal Rules”
NFT-T&E: Succession Planning for Web3
I saw a tweet the other day which estimated there are roughly 700-2,000 CryptoPunks thought to be lost. They belong to people who likely forgot their wallet information or died without leaving instructions on how to access their wallet(s). At a current floor price of ~$273,000, that is $191-546 million lost forever. This brought toContinue reading “NFT-T&E: Succession Planning for Web3”
So Your Stuff Got Stolen: What Do You Do?
It appears that NBA player Cole Anthony has joined the many victims whose wallets were compromised and items stolen. There is a running joke on Twitter, that the only thing Bored Ape owners love more than talking about themselves, is giving away their seed phrases. Criticism earned by how often Bored Apes are stolen inContinue reading “So Your Stuff Got Stolen: What Do You Do?”
Web3 Conflict Resolution
Lawsuits are coming to NFTs. As both a litigator and member of the NFT community, this indisputable fact leaves me with mixed feelings. The NFT community is comprised of overwhelmingly positive people, far more likely to tweet out GM than start an internet fight (a rarity in the 2020s social media landscape). On the otherContinue reading “Web3 Conflict Resolution”
Rumbling Into Kongs And The Play To Earn Future Of NFTs
I usually stick to legal topics for this blog, but people seemed to appreciate my post on Illuvium so I figured with the announcement of the Steph Curry X Under Armour partnership it was time to post about another favorite project: Rumble Kong League (“RKL”). Full disclosure: I currently own 2 RKL players, so similarContinue reading “Rumbling Into Kongs And The Play To Earn Future Of NFTs”
Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s
Nike made waves yesterday by announcing its acquisition of popular NFT brand RTFKT. This comes in the wake of RTFKT’s controversy regarding certain Terms and Conditions which seemed out of character at the time, but make total sense when put into the context of a pending major acquisition. With major brand acquisitions and partnerships, comesContinue reading “Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s”
Copyright In the Age of Creative Commons
Recently, a large anonymous owner of CryptoPunks (known only by the name “punk4156”) made waves in the NFT world when a chunk of those Punks were put up for sale due to a dispute he/she had over Larva Labs’ handling of copyright issues. As an attorney, this issue is exceedingly interesting to me because generallyContinue reading “Copyright In the Age of Creative Commons”
The Difference Between a Smart Contract and a Traditional Contract
When you mint an NFT, you often have the option to mint from a website set up by the developers, or directly from the smart-contract. What may be confusing to people is the use of the term “smart-contract” and how that differs from our traditional understanding of contracts. Hopefully, if you were one of theContinue reading “The Difference Between a Smart Contract and a Traditional Contract”
The NFTtorney 