Blog

Off the Blockchain+, January 23-30, 2023

Intro/Disclaimer: A few months ago I started preparing updates for the attorneys at my firm practicing in the Web3 space regarding what stories people were talking about the prior week. I believe eventually we are going to do monthly or bi-weekly posts on the award winning BitBlog summarizing the top stories. In the meantime, I…

Tornado Cash Sanctions and the Fourth Amendment

In the wake of the sanctions brought by the Office of Foreign Assets Control (“OFAC”) against virtual currency mixer Tornado Cash, legal scholars far smarter than I am have debated the issues surrounding whether the Tornado Cash protocol is an “entity” within OFAC’s power to sanction, and whether this falls afoul of “code is speech”…

Summary of CFTC Chairman’s Testimony to Senate on FTX

While all my friends were in Miami for the Web3 Summit and Miami Art Basel, I was stuck in dreary St. Louis watching the Senate Ag. Committee’s hearing “Why Congress Needs to Act: Lessons Learned from the FTX Collapse.” The only witness to the hearing was Rostin Behnam, who is the current Chairman of the CFTC.…

Wakanda Test for Digital Asset Classifications

With the dueling summary judgment motions filed by Ripple and the SEC in SEC v. Ripple Labs, Inc., et al, Case No. 20-CV-10832 (S.D.N.Y. ), it is time once again to revisit the hot topic of the Howey test and its application to digital assets. There has been lots of talk of what constitutes “sufficient…

Notes from Senate Hearing Regarding Proposed Bill Which Would Give CFTC Oversight on the Digital Asset Commodities Industry

On Thursday, September 15, 2022 the Senate Committee on Agriculture, Nutrition, and Forestry (the “Ag. Committee”) held a hearing to discuss Senate Bill 4760, titled the Digital Commodities Consumer Protection Act of 2022 which was introduced by Sens. Debbie Stabenow (D-MI) and John Boozman (R-AR). Senate Minority Whip John Thune (R-SD) and Sen. Cory Booker…

What The Hell is NIL?

When people hear about name, image, and likeness (“NIL”) many focus on its impact on college athletes and the associated antitrust litigation which took place as college athletes fought to prevent universities from profiting off those athletes’ NIL without sharing that profit with the athletes. However, the underlying legal issues surrounding a person’s right to…

100 Degrees Celsius

The cryptocurrency loaning institution Celsius Network has come under fire after freezing customer accounts and claims of insolvency. Now, their former asset manager KeyFi, Inc. (“KeyFi”) (known more commonly for the wallet which they operated out of and Twitter handle 0xb1) has filed a lawsuit with a ton of bombshell accusations to add further intrigue…

GM (Good Morning) It’s Time to Talk NFT TM (Trademarks)

Some news has been hitting my timeline recently about Yuga Labs and their seemingly aggressive trademark related legal actions against other NFT creators. This is as good of a time as any to give some background on trademark law generally, what Yuga is doing, and what it means for the space going forward. Just as…

Personal News: I’m Taking My Talents to South Beach (Figuratively)

It’s time to take a break from the regularly scheduled legal content to share some personal news. I have already informed my friends, family, and clients, but now that it is official I can tell the public: I am switching firms to focus almost exclusively on Web3/Blockchain legal work! I have officially joined Polsinelli’s Tech…

Let’s Talk About Bots, Baby

A Twitter thread went semi-viral recently (and has been since deleted) where an apparent 15-year old computing wizard earned over $17 million through the use of automated computer programs (“bots”) to game recently hyped NFT drops (Murakami Flowers and Otherside land). While we are in a space where technological innovation is celebrated, the use of…

Loading…

Something went wrong. Please refresh the page and/or try again.


Follow My Blog

Get new content delivered directly to your inbox.