Breaching Contracts? Not Cool, Man.

I recently wrote about the importance of contracts in NFT dealings. What I probably should have included was a note on the importance of not breaching those contracts. Today, in one of my NFT group chats, a lawsuit alleging breach of contract against the artist known as Coolman CoffeeDan (“CoffeDan”) was sent around. It hasContinue reading “Breaching Contracts? Not Cool, Man.”

Check Your Privilege- Legally

For anybody not following along with the SEC vs. Ripple ($XRP) litigation, there was a semi-recent ruling requiring production of potentially privileged advice from Ripple’s legal counsel regarding securities issues central to the case. This was a huge ruling, and could be very harmful to Ripple depending on what is in those documents. There haveContinue reading “Check Your Privilege- Legally”

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”

So Your Stuff Got Stolen: What Do You Do?

It appears that NBA player Cole Anthony has joined the many victims whose wallets were compromised and items stolen. There is a running joke on Twitter, that the only thing Bored Ape owners love more than talking about themselves, is giving away their seed phrases. Criticism earned by how often Bored Apes are stolen inContinue reading “So Your Stuff Got Stolen: What Do You Do?”

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”

Copyright In the Age of Creative Commons

Recently, a large anonymous owner of CryptoPunks (known only by the name “punk4156”) made waves in the NFT world when a chunk of those Punks were put up for sale due to a dispute he/she had over Larva Labs’ handling of copyright issues. As an attorney, this issue is exceedingly interesting to me because generallyContinue reading “Copyright In the Age of Creative Commons”

The Difference Between a Smart Contract and a Traditional Contract

When you mint an NFT, you often have the option to mint from a website set up by the developers, or directly from the smart-contract. What may be confusing to people is the use of the term “smart-contract” and how that differs from our traditional understanding of contracts. Hopefully, if you were one of theContinue reading “The Difference Between a Smart Contract and a Traditional Contract”

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?”