News & Analysis as of

Non-Fungible Tokens (NFTs)

Latham & Watkins LLP

SEC Staff Clarifies That Meme Coins Are Not Securities

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The Staff stated that most meme coins are not subject to federal securities laws or SEC fraud enforcement; who will oversee meme coins remains an open question. On February 27, 2025, the Securities and Exchange...more

Miller Nash LLP

Article 12: Perfection of Security Interests in Controllable Electronic Records

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It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - March 6, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters...more

Dechert LLP

SEC’s Division of Corporation Finance Clarifies Stance on Meme Coins

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The SEC's Division of Corporation Finance has clarified that meme coins are not considered securities under federal securities laws, and that transactions involving meme coins do not require SEC registration. Meme coins,...more

Patterson Belknap Webb & Tyler LLP

DraftKings NFT Settlement Leaves Securities Question in Limbo

A class action lawsuit brought against online gaming company DraftKings Inc. relating to the company’s short-lived marketplace for non-fungible tokens, or NFTs, is likely to settle. Because the case will not proceed to a...more

Morgan Lewis

SEC Commissioner Calls for Public Input on Crypto Asset Regulation

Morgan Lewis on

US Securities and Exchange Commission (SEC) Commissioner Hester Peirce and the SEC’s Crypto Task Force recently underscored the new administration’s commitment to engage with digital asset market participants in the near...more

Polsinelli

Beyond the Blockchain: What’s Next for Digital Assets After Explosive Growth in 2024

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Web3 represents the next evolution of the internet, characterized by decentralized networks and blockchain technology, enabling user-centric platforms and applications with enhanced security and data ownership. Digital...more

BakerHostetler

Weekly Blockchain Blog - February 2025 #4

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U.S. Digital Asset Companies Continue Product Launches, Market Expansion - U.S. nonfungible token (NFT) marketplace OpenSea recently announced the launch of its new OS2 digital asset trading platform, which expands into...more

Cadwalader, Wickersham & Taft LLP

Hester Peirce's Journey and Crypto Task Force

While some of the crypto developments we have reported on in this edition of Cabinet News & Views have had a distinctively partisan bent to them, the departure of Gary Gensler from the Securities & Exchange Commission...more

BCLP

UK and US Cryptoasset Regulation - What direction next?

BCLP on

At present, Cryptoassets are largely unregulated in the UK. However, the growth of crypto cannot be ignored and many argue that regulators need to take action to ensure adequate consumer protections are in place and to...more

Cooley LLP

Don’t Celebrate Just Yet – Potential Litigation Risks Under the Trump Administration

Cooley LLP on

The inauguration of President Donald J. Trump has been widely celebrated as the dawn of the first pro-crypto presidential administration – a dramatic shift from the Biden administration’s antagonistic stance on crypto. But...more

Cornerstone Research

SEC Enforcement of Cryptocurrency Dropped 30% in the Last Year of the Gensler Administration

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Enforcement during Gensler administration was considerably higher than during the previous administration. The Securities and Exchange Commission (SEC) brought 33 cryptocurrency-related enforcement actions in 2024, the...more

Paul Hastings LLP

UCC Article 12: How States are Regulating Digital Asset Transactions

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It’s a new year, and state legislatures around the country are beginning new legislative sessions. We expect to see more of them enacting Article 12 of the Uniform Commercial Code (UCC), which is designed to facilitate...more

Polsinelli

Top 10 Web3/Blockchain Legal Developments of 2024

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The legal landscape surrounding blockchain technology underwent dramatic shifts in 2024, particularly in the United States, offering both remarkable opportunities and substantial compliance challenges. Governments introduced...more

Greenberg Glusker LLP

New California Law, AB 2426: Licensing Disclosures for Digital Goods

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Effective January 1, 2025, California law AB 2426 will require companies offering online-only digital goods to disclose that consumers are purchasing a limited-duration license, not outright ownership. This applies to a broad...more

ArentFox Schiff

Investigations Newsletter: Second Circuit Partially Affirms Novartis’ Motion to Dismiss AKS Claims

ArentFox Schiff on

Second Circuit Partially Affirms Novartis’ Motion to Dismiss AKS Claims - Last week, the Second Circuit Court of Appeals affirmed the district court’s ruling that dismissed allegations from a whistleblower who claimed that...more

Sheppard Mullin Richter & Hampton LLP

NFTs and Securities Law Issues Are on the Rise – SEC Analysis Relies on Resale Royalties

Until fall 2023, there were few SEC enforcements or litigations involving securities issues with non-fungible tokens (“NFTs”). This has changed dramatically. In rapid succession last fall, the SEC undertook two enforcements...more

Sheppard Mullin Richter & Hampton LLP

NFT Legal Issues

This year, the SEC has ramped up its enforcement efforts against digital asset marketplaces for selling non-fungible tokens (“NFTs”) (and other digital assets) the agency alleges are securities. In response, some potential...more

Sheppard Mullin Richter & Hampton LLP

SEC Hits Blockchain Gaming Project with Wells Notice

The U.S. Securities and Exchange Commission (SEC) has taken a significant step in its regulatory scrutiny of blockchain gaming projects by issuing a Wells notice to CyberKongz, a prominent NFT gaming platform. This...more

BakerHostetler

Weekly Blockchain Blog - December 2024 #3

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Digital Asset Companies Achieve Licenses, Launch Stablecoin Products - According to a recent press release, Anchorage Digital, a digital asset platform and infrastructure provider, announced that the New York State...more

DLA Piper

Blockchain and Digital Assets News and Trends – October – December 2024

DLA Piper on

This periodic bulletin is designed to help companies identify important legal developments governing the use and acceptance of blockchain technology, smart contracts, and digital assets. While the use cases for blockchain...more

Falcon Rappaport & Berkman LLP

New York Bankruptcy Court Authorizes Service via Non-Fungible Tokens on Cryptocurrency Wallet Owners

A recent decision by the United States Bankruptcy Court for the Southern District of New York may have significant implications for digital asset holders and users. The decision, issued on October 24, 2024, granted a motion...more

Fenwick & West LLP

California's New Digital Goods Law Targets Misleading Media Licenses

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Effective January 1, 2025, a new California consumer protection law will require sellers of digital goods to more clearly communicate whether consumers are purchasing unrestricted ownership to that digital good or merely...more

Carey Olsen

Blockchain 2024 - Bermuda (Legal 500)

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Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: November 14, 2024

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After a relatively quiet October for Web3 legal developments, November has kicked off with significant activity, primarily centered around ongoing lawsuits and regulatory enforcement actions. In addition to these legal...more

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