News & Analysis as of

Non-Fungible Tokens (NFTs)

Fenwick & West LLP

IRS Releases New Broker Reporting FAQs

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The IRS released a set of frequently asked questions relating to the digital asset broker reporting regime under § 6045 and Treas. Reg. § 1.6045-1. Broker reporting for digital assets is applicable for transactions occurring...more

Troutman Pepper Locke

NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier — The Crypto Exchange Podcast

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In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver welcome Glenn Pudelka and Straat Tenney from the firm's Intellectual Property Practice Group. They discuss the Ninth Circuit's pivotal decision in...more

Knobbe Martens

AI, Gaming, and the Metaverse Collide: The Next Wave of Trademark Infringement in Virtual Worlds

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Over the last six months, the convergence of artificial intelligence, gaming, and the metaverse has produced a flood of innovation that is redefining brand engagement and generating a new surge of legal disputes....more

Wilson Sonsini Goodrich & Rosati

Enhanced Protection for DeFi Lenders, Buyers, and Investors Under Recent and New UCC Amendments

One of the primary use cases for crypto and digital assets has been lending and borrowing against such crypto assets as collateral, representing billions of dollars of activity. Crypto-backed loans are offered by centralized...more

BakerHostetler

Weekly Blockchain Blog - October 2025 #2

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U.S. Fintechs, Banks, States Launch Stablecoin and Bitcoin Payment Initiatives - A U.S. fintech company, Brex, recently announced plans to integrate stablecoins into its B2B payments platform. According to a company blog...more

Irwin IP LLP

Can a Trade Secret Go Platinum?  Wu-Tang LP Might Be Trade Secret IP.

Irwin IP LLP on

PleasrDAO v. Shkreli, No. 24-CV-04126 (E.D.N.Y. Sept. 25, 2025) - Last week, the Eastern District of New York (“Court”) refused to dismiss PleasrDAO’s trade secret claims against Martin Shkreli, finding that Wu-Tang Clan’s...more

Troutman Pepper Locke

Monkey Business: Trademarking NFTs and What Lenders Need to Know

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The digital asset landscape took a leap forward this summer when the U.S. Court of Appeals for the Ninth Circuit confirmed that nonfungible tokens (NFTs) qualify for trademark protection under the Lanham Act. This decision,...more

King & Spalding

Chastain: Pushing the Boundaries of Insider Trading

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Insider trading cases may have become harder to prosecute. On July 31, 2025, the Second Circuit released its opinion in United States v. Chastain, an insider trading case in which the defendant had been convicted by a jury...more

Seward & Kissel LLP

Bored Apes Are Not Securities

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On Sept. 30, 2025, the U.S. District Court for the Central District of California granted Yuga Lab’s motion to dismiss plaintiffs’ second amended complaint, alleging, among other things, that defendants’ offer and sale of the...more

Jenner & Block

Client Alert: Once Upon a Time in Trade Secret Law: Federal Judge Expands Trade Secret Protection to Wu-Tang Clan Album, Opening...

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In a groundbreaking decision with significant implications for businesses operating in digital asset markets, luxury goods, and experiential entertainment, Judge Pamela K. Chen of the Eastern District of New York has become...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – September 2025 # 5

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Seyfarth Shaw LLP

Although the Apes are Boring, They are Protectable, Too: Court Says NFTs Are Trademarkable Goods

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Although the market for NFTs has cooled off from its heyday several years ago, digital goods are still a hot commodity. This summer, the Ninth Circuit recognized that such goods are more than mere ephemera: they are “goods”...more

Saul Ewing LLP

Investing In Video Games with William Kerr, Managing Partner, Kerr LLP

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In this episode of "Lawyers With Game," host Darius Gambino from Saul Ewing's Video Gaming & Esports Practice sits down with William Kerr, Managing Partner of Kerr LLP. Bill shares some of his experiences closing investment...more

BakerHostetler

[Podcast] The Data Stream – Episode 2 with Robert Musiala

BakerHostetler on

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman...more

Mayer Brown

Second Circuit Vacates NFT “Insider Trading” Conviction in United States v. Chastain—Clarifies Property Rights in Confidential...

Mayer Brown on

On July 31, 2025, the US Court of Appeals for the Second Circuit vacated the conviction of Nathaniel Chastain, a former OpenSea executive, for wire fraud and money laundering in connection with an alleged scheme to use...more

Cadwalader, Wickersham & Taft LLP

Autumn Transitions, September 2025 - Structure of Tokenized Commodities and Commodities Regulation

Recent years have seen the emergence of blockchain projects seeking to tokenize an ever-expanding range of assets that are not blockchain-native – the so-called tokenized real world assets (“RWAs”) phenomenon. Tokenized...more

Jones Day

Senators Release Updated Discussion Draft of the "Responsible Financial Innovation Act of 2025"

Jones Day on

On September 5, 2025, Senators Tim Scott (R-SC), Cynthia Lummis (R-WY), Bill Hagerty (R-TN), and Bernie Moreno (R-OH) released an updated discussion draft of the "Responsible Financial Innovation Act of 2025" ("RFIA"), which...more

Weintraub Tobin

(Podcast) The Briefing: Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?

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The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks. In this episode of The Briefing, Weintraub attorneys Scott Hervey and Tara Sattler unpack the Ninth Circuit’s ruling on whether NFTs count as “goods,” why...more

Weintraub Tobin

The Briefing: Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?

Weintraub Tobin on

The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks. In this episode of The Briefing, Scott Hervey and Tara Sattler unpack the Ninth Circuit’s ruling on whether NFTs count as “goods,” why the First Amendment...more

Saul Ewing LLP

Second Circuit Narrows Definition of "Property" Under Wire Fraud Statute in United States v. Chastain

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Overview - A split panel of the U.S. Court of Appeals for the Second Circuit, in United States v. Chastain (No. 23-7038), recently voted 2-1 to vacate convictions for wire fraud and money laundering because of improper jury...more

K&L Gates LLP

The White House Working Group on Digital Asset Markets Report: Establishing Clear Regulation Based on a Digital Assets Taxonomy

K&L Gates LLP on

The President’s Working Group on Digital Asset Markets Report (the Report) emphasizes that a clearly defined taxonomy is essential for establishing a regulated digital asset market and identifying the appropriate federal...more

Eversheds Sutherland (US) LLP

Entering the Digital (Asset) Age: White House Report Recommends Changes to the Taxation of Digital Assets

The President’s Working Group on Digital Asset Markets recently issued a detailed report, titled “Strengthening American Leadership in Digital Financial Technology,” recommending regulatory and legislative proposals to...more

DLA Piper

Blockchain and Digital Assets News and Trends – August 2025

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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....more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Vacates Fraud Conviction in First Crypto “Insider Trading” Case

In United States v. Chastain, No. 23-7038, 2025 WL 2165839 (2d Cir. July 31, 2025), the United States Court of Appeals for the Second Circuit vacated wire fraud and money laundering convictions in what the government...more

Akin Gump Strauss Hauer & Feld LLP

Recent Developments in the Law of Federal Property Fraud: It’s a Long and Winding Road

In two recent high-profile decisions, Chastain v. United States and Johnson v. United States, the U.S. Court of Appeals for the Second Circuit reversed wire fraud convictions that were based on theories resembling insider...more

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