I previously wrote about the legality of Decentralized Autonomous Organizations (“DAOs”) and stated then the subject was way too complex to discuss in a single article. After a recent twitter spaces discussion I had (which is hosted every Tuesday at 4:00 EST by one of my favorite artists and decentralization maxi CΞdΞrKing) I figured itContinue reading “The DAO Bros vs. The Dow Jones”
Author Archives: nfttorney
Don’t Phunk With Copyright Theft
I started this blog to give non-lawyers some insight into what an actual practicing intellectual property litigator saw going on in the space. One of my first articles involved the CryptoPhunk controversy, and how delisting those assets on OpenSea was actually good for users. Recently, CryptoPhunks have made a comeback and, as of writing this,Continue reading “Don’t Phunk With Copyright Theft”
Illuvium: Betting On The Nerds
Because I am a learned man of the law, I typically stick to legal topics on this blog. But I have been invested in an upcoming NFT game called Illuvium for a while now, and thought it would be a good change of pace to give some background on the game, insight on how youContinue reading “Illuvium: Betting On The Nerds”
When (Wen) Class Actions?
I’ll keep repeating this until it becomes a reality: the law is coming to the wild west of NFTs. Copyright DCMA takedown notices have already started appearing and, as I predicted in my previous blog, securities regulations have caused one prominent project to be delisted from OpenSea (the largest secondary market for NFTs). What isContinue reading “When (Wen) Class Actions?”
DYOR On DAOs Or Be SOL
I get a lot of questions about the legality of Decentralized Autonomous Organizations (“DAOs”). Usually They come from community members who want a project they support to form a DAO, and that project team pushing back because of legality reasons. I will start by saying that if you are in a project which is hesitantContinue reading “DYOR On DAOs Or Be SOL”
What Is An NFT And Why Should I Care? Pt. 3
OK, so I know I said I would do these weekly, but I got busy. Sue me. I’m an attorney; I will OWN you in the courtroom. But at this point hopefully you have read Part 1 of this series where you learned about what an NFT was, and Part 2 of this series whereContinue reading “What Is An NFT And Why Should I Care? Pt. 3”
What Is An NFT And Why Should I Care? Pt. 2
At this point, hopefully you have read Part 1 of this series on NFTs for people unfamiliar with the industry. If not, go back and read it now. Don’t worry. I’ll wait. Your world… OK, so now that you have read Part 1 and understand the basic types of NFTs, you are ready to startContinue reading “What Is An NFT And Why Should I Care? Pt. 2”
What Is An NFT And Why Should I Care? Pt. 1
It appears recently, perhaps due to media coverage or perhaps due to me never shutting up about them, my friends have started becoming interested in NFTs. People who I previously annoyed with my talks of NBA gifs and digital race horses are starting to ask serious questions such as sustainability of investments and how theyContinue reading “What Is An NFT And Why Should I Care? Pt. 1”
Should You Form An NFT LLC?
As you invest more and more into NFTs, you will eventually reach an interesting dilemma: at what point should you consider putting your NFT holdings in a separate LLC? Below I provide various scenarios in which forming an LLC can be beneficial from both a tax liability and overall structural standpoint. Before doing anything, youContinue reading “Should You Form An NFT LLC?”
OpenSea Just Saved Their Users Millions in Potential Copyright Damages
On July 13th, Opensea, the leading marketplace for secondary NFT purchases, delisted CryptoPhunks from their platform and threw the NFT world into a storm. Some people came to the defense of Opensea, claiming this is a good step in protecting the intellectual property rights of artists. Others bashed Opensea, because censorship and regulation can beContinue reading “OpenSea Just Saved Their Users Millions in Potential Copyright Damages”
The NFTtorney 