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, IContinue reading “Off the Blockchain+, January 23-30, 2023”

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”Continue reading “Tornado Cash Sanctions and the Fourth Amendment”

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 is 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”