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?”

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”

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?”

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”

Don’t Phunk With Copyright Theft

I started this blog to give non-lawyers some insight into what an actual practicing intellectual property litigator saw going on in the space. One of my first articles involved the CryptoPhunk controversy, and how delisting those assets on OpenSea was actually good for users. Recently, CryptoPhunks have made a comeback and, as of writing this,Continue reading “Don’t Phunk With Copyright Theft”

What Is An NFT And Why Should I Care? Pt. 3

OK, so I know I said I would do these weekly, but I got busy. Sue me. I’m an attorney; I will OWN you in the courtroom. But at this point hopefully you have read Part 1 of this series where you learned about what an NFT was, and Part 2 of this series whereContinue reading “What Is An NFT And Why Should I Care? Pt. 3”

OpenSea Just Saved Their Users Millions in Potential Copyright Damages

On July 13th, Opensea, the leading marketplace for secondary NFT purchases, delisted CryptoPhunks from their platform and threw the NFT world into a storm. Some people came to the defense of Opensea, claiming this is a good step in protecting the intellectual property rights of artists. Others bashed Opensea, because censorship and regulation can beContinue reading “OpenSea Just Saved Their Users Millions in Potential Copyright Damages”

NFT Copyright Basics: What’s a copyright and can I haves it?

A copyright is any original work of authorship which includes books, movies, and yes, that sweet avatar NFT you bought for .08ETH and immediately set as your social media profile picture. But not all NFTs give the copyright of the work to the purchaser. Before we go more in-depth, one thing you need to understandContinue reading “NFT Copyright Basics: What’s a copyright and can I haves it?”