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”

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”

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”