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 “sufficientContinue reading “Wakanda Test for Digital Asset Classifications”

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 toContinue reading “What The Hell is NIL?”

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 intrigueContinue reading “100 Degrees Celsius”

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 asContinue reading “GM (Good Morning) It’s Time to Talk NFT TM (Trademarks)”

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 TechContinue reading “Personal News: I’m Taking My Talents to South Beach (Figuratively)”

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 ofContinue reading “Let’s Talk About Bots, Baby”

NFT Project Start-Up Checklist

Everybody early to NFTs at least considers starting their own project. I’m a big fan! One of the coolest aspects of NFTs is their ability to turn somebody’s passion into a legitimate business. Will many of these project fail? Sure. Most small businesses fail, too. But Web3 removes the barrier of entry, which is aContinue reading “NFT Project Start-Up Checklist”

Let Them Eat Caked Apes

It’s time for another NFT lawsuit breakdown, and this one in juicy. Similar to the attorneys in the Coolman Universe lawsuit I broke down, the attorneys on opposing sides of the Caked Ape lawsuits came out swinging. But what are the claims being made, and how should Caked Ape holders handle this fight between theContinue reading “Let Them Eat Caked Apes”

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”

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”