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Category Archives: Non-Fungible Tokens

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SEC Continues Enforcing Against NFT Projects

In its second action involving NFTs, the SEC targets an offering tied to fundraising and promises of future value. By Ghaith Mahmood, Nima H. Mohebbi, Stephen P. Wink, Douglas K. Yatter, Adam Zuckerman, Luca Marquard, and Deric Behar On September 13, 2023, the Securities and Exchange Commission (SEC) issued a cease-and-desist order (the Order) against … Continue Reading

SEC Targets NFTs as Securities for the First Time

In its first enforcement action involving NFTs, the SEC focused on issuer marketing that promised outsized returns on investment and platform building. By Ghaith Mahmood, Nima H. Mohebbi, Stephen P. Wink, Douglas K. Yatter, Adam Zuckerman, and Deric Behar On August 28, 2023, the Securities and Exchange Commission (SEC) issued a cease-and-desist order (the Order) … Continue Reading

The Law Commission of England and Wales Proposes to Classify NFTs as Data Objects

NFT creators and consumers should evaluate the legal and commercial considerations of NFTs that are linked to copyright work. By Andrew Moyle, Christian McDermott, and Avinash Balendran The Law Commission of England and Wales (the Commission) is a statutory independent body that keeps the law of England and Wales under review and recommends reform where … Continue Reading

The Book of Jargon® — Blockchain, Crypto & Web3 Now Available

Mobile and desktop reference tool defines nearly 600 industry terms. Latham & Watkins has published the second edition of The Book of Jargon® — Blockchain, Crypto & Web3, a comprehensive digital glossary developed for the business, academic, and legal communities. The resource renders the often complex vocabulary, acronyms, and slang of the blockchain, cryptocurrency, and … Continue Reading

Blockchain Networks Beginning to Allow Enforcement of Court Orders

Bitcoin Association for BSV will release software to facilitate court orders to freeze stolen or lost coins, while some courts recently authorised service proceedings by tokenised airdrop. By Christian F. McDermott, Andrew C. Moyle, and Nara Yoo Earlier this year, in Tulip Trading Ltd (TTL) v. Bitcoin Association for BSV (Bitcoin Association) and others, the … Continue Reading

Hong Kong Securities and Futures Commission Issues Statement on NFTs

The SFC issued a statement to clarify its regulatory approach in relation to non-fungible tokens and remind investors of related risks. By Simon Hawkins, Farhana Sharmeen, Adrian Fong, Gen Huong Tan and Shirley Wong On 6 June 2022, the Hong Kong Securities and Futures Commission (SFC) issued a statement drawing attention to the risks associated … Continue Reading

NFTs and the Right of Publicity: Assessing the Legal Risks

NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. By Ghaith Mahmood, Nima H. Mohebbi, and Tara McCortney As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of publicity” may create additional legal risks for NFT minters. The common law … Continue Reading

NFTs 101: The Basics of Non-Fungible Tokens, and Beyond

Learn about 2021’s defining cryptoasset in a new infographic video and webcast, the latest in a Latham series covering NFTs. By Christian F. McDermott Latham & Watkins Technology Transactions Partner Christian McDermott introduces the basics of non-fungible tokens (NFTs) in this short infographic video. In particular, he addresses the following questions: What are NFTs? How … Continue Reading

Creative Crypto: IP Implications of Selling Creative Works Tied to Non-Fungible Tokens

As the market heats up for art-related NFTs, buyers should be aware of limitations on their rights to use those works. By Ghaith Mahmood, Jordan Naftalis, and Veronica Ye The convergence of blockchain technology and creative intellectual property (IP) through a non-fungible token (NFT) is having a mainstream moment. Media stories abound with reports of … Continue Reading

NFTs: But Is It Art (or a Security)?

As the market for NFTs heats up, market participants should remain mindful of the regulatory implications of complex schemes. By Stephen P. Wink, Miles P. Jennings, Shaun Musuka, and Deric Behar As the current crypto boom has progressed, it seemed Decentralized Finance (DeFi) had cemented its position as the dominant new narrative of this cycle. … Continue Reading
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