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”

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

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”

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”

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”

(King of the) Mountain DAOs

Recently, LinksDAO raised over $10 Million USD to ultimately buy a Golf Course. About 33 and 1/2 years ago, in early December of 2021, The Mountain DAO announced on twitter that it was forming a DAO and raising capital to purchase a mountain in Virginia. The Mountain DAO has summarized its mission as: “We areContinue reading “(King of the) Mountain DAOs”