A Burgeoning Area
With Wide-Ranging Legal Considerations
The Fourth Industrial Revolution has been instrumental in reshaping our lives. With Blockchain, Bitcoin, Crypto, and other decentralized technologies, there is no question that we are witnessing a tectonic shift in practically all categories of commerce. When it comes to the intersection of finance, real estate, art, and ownership, NFTs (non-fungible tokens) have seen a sudden and enormous rise in popularity, and the multitude of potential use cases is driving billions of dollars of investment into the ecosystem.
While there is great potential, NFTs implicate various legal considerations and ramifications, including securities laws, contracts, and intellectual property rights, among numerous other regulatory frameworks. Our NFT law practice is a part of LexoCrypto™, our dedicated and multidisciplinary service offering focused on the intersection of cryptocurrency and blockchain with the law. We aim to provide clients with an NFT lawyer who can bring much-needed clarity to navigate capitalizing on opportunities within the complex and risk-fraught NFT landscape.
NFT Law Services We Offer
Intellectual Property Protection
Securities Law & Howey Test Analysis
Contract Formation & Negotiation
Illegal Gambling Considerations
Regulatory Risk Review & Advisory
NFT Marketplace KYC & AML
Data Collection, Protection, & Privacy Law
Our Related Blockchain Practices
… an investment contract for purposes of the Securities Act means a contract, transaction or scheme whereby  a person invests his money in a  common enterprise and is  led to expect profits  solely from the efforts of the promoter or a third party… Such a definition…permits the fulfillment of the statutory purpose of compelling full and fair disclosure relative to the issuance of the many types of instruments that in our commercial world fall within the ordinary concept of a security…. It embodies a flexible rather than a static principle, one that is capable of adaptation to meet the countless and variable schemes devised by those who seek the use of the money of others on the promise of profits.SEC v. W. J. Howey Co.
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NFT Law News
Q&A: Bitcoin Ordinals, Inscriptions, and Digital Artifacts
Since early 2023, the Bitcoin community has been abuzz with the introduction of “digital artifacts,” or essentially non-fungible tokens (NFTs) on Bitcoin. This guide answers the most pressing questions about what Bitcoin NFTs are, how they work, what the on-chain data shows, and potential benefits and concerns.
How NFT Giant OpenSea’s $3 Billion Month Compares to Amazon, eBay and Etsy
NFT’s industry has seen an enormous rise in popularity in the year 2021. There was more than $2.5 billion in non-fungible token sales volume in the primary and secondary markets during the first half of 2021, and volume has only accelerated since. Breaking the record of the first half of 2021, in August 2021 alone, OpenSea, the most popular NFT marketplace, saw more than $3 billion in NFT sales volume.
A Legal Primer on Social Tokens
Social tokens hold incredible promise for celebrities, brands, creators, and the agencies that support them, but there has been little if any coverage of the legal issues raised by this new technology. This primer aims to do just that: give folks diving into the space, and the lawyers supporting them, some of the key issues and risks to consider.