News & Analysis as of

Ethereum Non-Fungible Tokens (NFTs)

Foley & Lardner LLP

What’s Next for Ethereum ETFs Following SEC Approval?

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ollowing the approval and launch of Bitcoin Exchange Traded Funds (EFTs) in January 2024, the U.S. Securities and Exchange Commission (SEC) approved eight Ethereum ETFs for listing and trading on SEC-regulated exchanges on...more

Ankura

Crypto Asset Investigations: Key Considerations and Pitfalls

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Crypto assets are some of the most rapidly evolving and increasingly adopted assets in the world. Decentralized Finance (DeFi) is emerging as a blockchain-based alternative to traditional banking and financial services and...more

BakerHostetler

Weekly Blockchain Blog - March 2024 #3

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Financial Firms Complete Blockchain Pilot, UK Approves Crypto ETNs - A recent press release announced completion of the Canton Network pilot, “a first-of-its-kind program demonstrating the interoperability of twenty-two...more

Seward & Kissel LLP

(Un?)Educated Guesses

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The New Year is upon us, which means plenty of news stories looking back at blockchain events in 2023, such as this one (From NFTs to XRP: the biggest crypto stories of 2023 (Axios)), this one (The Year that Cryptocurrency...more

Proskauer - Blockchain and the Law

Ownership Claims over Auction of “The First NFT” Previously Dismissed by a New York Court Now on Appeal

Way back (if we’re counting tech years) in 2014, artist Kevin McCoy (“McCoy”) created a digital record of his pulsating, octagon-shaped digital artwork Quantum on the Namecoin blockchain on May 2, 2014, thereby minting “the...more

Polsinelli

Blockchain+ Bi-Weekly - September 2023 #2

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The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more

Akin Gump Strauss Hauer & Feld LLP

The SEC’s Second NFT Enforcement Action: SEC v. Stoner Cats 2

Key Point - Just over two weeks after the SEC announced the settlement of its first NFT enforcement action against Impact Theory, on September 13, 2023, the SEC announced its second NFT enforcement action against SC2, the...more

Dechert LLP

SEC Brings First-Ever Enforcement Action Against Non-Fungible Cryptocurrency Tokens

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The Securities and Exchange Commission (“SEC”) issued a cease-and-desist order on August 28, 2023, charging Impact Theory, LLC (“Impact Theory”) with conducting an unregistered offering of crypto asset securities in violation...more

Mayer Brown Free Writings + Perspectives

For the First Time, the US SEC Sanctions an NFT Issuer for Selling Unregistered Securities in SEC v. Impact Theory

In a published settlement of the charges on August 28, 2023, the US Securities and Exchange Commission (“SEC”) stated that non-fungible tokens (“NFTs”) issued by Impact Theory, LLC (“Impact”) were “securities” under US...more

Ballard Spahr LLP

SEC Finds NFT to Be a Security in Landmark Action

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Summary - The SEC’s focus on the crypto industry expanded this week to include non-fungible tokens (NFTs). In its first NFT-enforcement action, the SEC settled with Impact Theory, a media and entertainment company, over...more

Akin Gump Strauss Hauer & Feld LLP

The SEC’s First NFT Enforcement Action: SEC v. Impact Theory

Key Points - On August 28, 2023, the SEC charged Impact Theory, LLC, a media company with an unregistered securities offering through its sale of NFTs. This marks the first time that the SEC has brought an enforcement action...more

BakerHostetler

NFT Used for Service of Process; Blockchain CO2 Monitoring Solution Launches; IRS Addresses Staking; SEC Enforcement Continues;...

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Federal District Court Enters Default Judgment Based on NFT Service of Process - A federal district court judge in Florida entered a $2.2 million default judgment against a defendant on whom the judge previously authorized...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

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In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

Proskauer - Blockchain and the Law

Part II: When You Jump Chains, Do NFTs Stay the Same? Ordinals on the Bitcoin Blockchain

As discussed in Part I of this series, Ordinals are a pioneering new method of utilizing the Bitcoin blockchain that will usher in new and innovative use cases on Bitcoin. As promised, in Part II we will discuss the...more

Proskauer - Blockchain and the Law

Part I: When You Jump Chains, Do NFTs Stay the Same? Ordinals on the Bitcoin Blockchain

The NFT community has been humming in 2023 after the recent rise in Bitcoin NFT mints. Ordinals, a non-fungible token (“NFT”) protocol, sent the community buzzing in January 2023 when it launched on the Bitcoin blockchain (as...more

ArentFox Schiff

NYAG Questions Historic Classification of Ethereum’s Cryptocurrency in KuCoin Lawsuit

ArentFox Schiff on

On the heels of recent legal setbacks and challenges for NFT collections offered by Dapper Labs and DraftKings, the New York Attorney General (NYAG) filed suit in New York state court against the parent companies of...more

Skadden, Arps, Slate, Meagher & Flom LLP

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security

On March 9, 2023, the New York State Attorney General’s Office (NYAG) filed a lawsuit charging crypto trading platform KuCoin for “failing to register as a securities and commodities broker-dealer and falsely representing...more

BakerHostetler

U.S. District Court Signals That In Certain Cases, NFTs May Qualify as Securities

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Dapper Labs was founded in 2018 shortly after the debut of its first NFT collection, “CryptoKitties,” which was so successful it created a bottleneck of transactions on the decentralized Ethereum Network. Seeking faster...more

BakerHostetler

DeFi Protocols Announce Updates; FSB Addresses DeFi Risks; Museum to Host NFT Exhibit; Crypto Enforcement Continues; Crypto Crime...

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DeFi Protocols Announce Updates, US Bank Introduces Deposit Token Concept - According to recent reports, Rocket Pool, a decentralized finance (DeFi) protocol used as an Ethereum (ETH) staking service, has reached $1...more

ArentFox Schiff

Tom Brady, Larry David, and Others Named Defendants in Class Action Suit Filed Against FTX

ArentFox Schiff on

Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements...more

BakerHostetler

Crypto Payment Products and NFT Initiatives Launch; Crypto Market Data Published; DOJ Brings Charges Alleging Cryptocurrency Ponzi...

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New Crypto Payment Products Launch, Reports Publish Crypto Market Data A recent press release announced that MetaMask, the popular Ethereum (ETH) Network crypto wallet provider, will integrate its self-custodial wallets...more

Harris Beach PLLC

Keeping Up with the Lawsuits: Celebrity Endorsers, Crypto Ads, and the Evolving Liability Landscape

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The overlap of social media, celebrity endorsement, and cryptocurrency have long been viewed as a potential breeding ground for regulatory and litigation liability. The proliferation of cryptocurrency and the lack of...more

Proskauer - Blockchain and the Law

When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect NFT Value and Licenses

At 2:43am EST on September 15, 2022, the first Ethereum block was validated using Proof of Stake, signaling the success of the Ethereum Merge, one of the most anticipated events in blockchain and computer science history. The...more

Latham & Watkins LLP

Dubai Financial Services Authority Issues New Regime to Regulate Crypto Tokens

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The regime introduces rules on various crypto tokens, including cryptocurrencies and stablecoins, in the Dubai International Financial Centre. On November 1, 2022, the Dubai Financial Services Authority (DFSA) crypto...more

Proskauer - Blockchain and the Law

District Court Declines to Dismiss NFT “Insider Trading” Indictment against Former OpenSea Employee

In late October, a New York district court refused to dismiss the Department of Justice’s (DOJ) indictment against defendant Nathaniel Chastain, who was charged with wire fraud and money laundering relating to his using...more

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