News & Analysis as of

Blockchain Asset Tokens

Latham & Watkins LLP

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

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The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

BakerHostetler

Weekly Blockchain Blog - August 2024 #4

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Financial Firms Announce Crypto Initiatives, Stablecoin Growth Continues - A major U.S. crypto investment company recently announced the launch of its Avalanche Trust, which “offers investors the opportunity to gain...more

BakerHostetler

Weekly Blockchain Blog with Client Alert - August 2024 #2

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Crypto Offerings Launch by Major Investment Bank, Asset Manager and Insurer - According to a recent report, a major multinational investment bank and financial services firm is now allowing its investment advisors to pitch...more

WilmerHale

Binance Ruling Spotlights Muddled Post-Morrison Landscape

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The March decision in Williams v. Binance from the U.S. Court of Appeals for the Second Circuit marks the latest chapter in the judiciary's struggle to apply the U.S. Supreme Court's 2010 decision in Morrison v. National...more

Ankura

Understanding the Crypto Ripple Effect

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On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...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

Morrison & Foerster LLP

SDNY Issues Split Decision in SEC v Ripple Labs, Potentially Complicating Analysis of When Crypto-Tokens Will Be Treated as...

On July 13, 2023, Judge Analisa Torres in the Southern District of New York issued the much-anticipated summary judgment order in the Securities and Exchange Commission’s (SEC) case against Ripple Labs and two senior leaders,...more

McDermott Will & Emery

IRS Releases Memorandum on the Tax Consequences of a Blockchain Protocol Upgrade

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On April 21, 2023, the Internal Revenue Service (IRS) released a Chief Counsel Advice memorandum (ILM 202316008), concluding that a protocol upgrade to the consensus mechanism of a cryptocurrency blockchain that did not...more

Paul Hastings LLP

VOTER BEWARE! Personal Liability for DAO Token Holders for Voting?

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New CFTC Action has Significant Implications for DAO Participation and Structures- Decentralized Autonomous Organizations (“DAOs”) provide a new way for individuals across the globe to use blockchain technology to pool...more

Latham & Watkins LLP

Legal Implications of the Ethereum Merge and Potential Ethereum Proof-of-Work Fork

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Ethereum’s transition to proof of stake presents opportunities and pitfalls for certain digital assets and tokens built on the network. After years of development, the Ethereum blockchain appears poised to make its...more

Latham & Watkins LLP

Verra Announces Public Consultation on Proposed Approach to Third-Party Crypto Instruments and Tokens

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A major voluntary carbon standard invites comments on linking carbon credits with crypto instruments and tokens, reinforcing the growing importance of blockchain transactions in voluntary carbon markets. On August 3,...more

Porter Hedges LLP

NFTs: The Future of Managing Patent Assets?

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What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. ...more

Braumiller Law Group, PLLC

Evolving Legal Issues for NFTs

Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and...more

Sheppard Mullin Richter & Hampton LLP

Tokenization and the Law: Legal Issues with NFTs

As the world economy increasingly goes digital, innovators and existing market participants are finding new ways to tokenize assets and expand upon their uses, particularly with non-fungible tokens (NFTs). NFTs have commonly...more

Foley & Lardner LLP

The Law of Tokenomics, Revisited

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As the web further decentralizes based on blockchains, we are seeing new technology business models, particularly in the ecommerce sector, incorporate digital tokens into transaction flows by using digitally native tokens as...more

Haug Partners LLP

Valuation of NFTs: Factors to Consider and an Alternative to Destroying the Original Work

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Seven Important Traits - Attempting to value NFTs is a speculative and challenging practice, in part because they are still relatively new and there are few comparable assets. The newsletter Bankless gives seven traits to...more

Eversheds Sutherland (US) LLP

Stake your claim: Taxpayers claim the creation of cryptocurrency is akin to baking a cake and non-taxable

In a US District Court complaint filed May 26, 2021, a married couple is seeking a refund of taxes they paid on cryptocurrency tokens the husband created, asserting that current law does not permit the treatment of created...more

Polsinelli

What the Heck is an NFT?

Polsinelli on

One of the biggest current trends in the world of digital and decentralized assets is the NFT, or non-fungible token.  In the past month, Grimes sold nearly $6 million of NFTs and Kings of Leon has pledged to come out with...more

Latham & Watkins LLP

SEC Issues Guidance for Broker-Dealer Custody of Digital Assets

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In a year-end change of course, the SEC identified the minimum steps that broker-dealers must take when acting as custodians of digital asset securities. On December 23, 2020, the US Securities and Exchange Commission (SEC)...more

Proskauer - Blockchain and the Law

Guidance on Cryptoassets: UK Financial Conduct Authority Issues Consultation Paper

On January 23, 2019, the UK Financial Conduct Authority (“FCA”) issued its widely anticipated “Guidance on Cryptoassets” consultation paper CP19/3 (the “Consultation”). The Consultation followed the UK Cryptoassets Task...more

White & Case LLP

Update on the Status of Initial Coin Offerings in Europe

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With crypto-currencies on the rise and technological developments providing great opportunities in the financial services sector, Initial Coin Offerings ("ICO") provide an innovative way of raising capital. They are...more

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