Unpacking the Fifth Circuit's Landmark Tornado Cash Decision — The Crypto Exchange Podcast
From Court to Code: Smart Contracts and Arbitration
What is sufficient originality for copyright? What is substantial similarity for copyright infringement? The latest artificial intelligence and intellectual property cases – authors lost contributory
Digital Planning Podcast Episode: Exploring DAOs
Hsu Untied interview with Joseph Perkins, Partner at Orrick
What You Need to Know About NFTs - Digital Planning Podcast
Tokenization of IP Rights and NFTs in Commercial Finance [More with McGlinchey, Ep. 32]
NFTs 101: The Basics of Non-Fungible Tokens, and Beyond
The Crypto Episode
Cryptocurrency, Legitimate Uses, and Legal Issues
Jones Day Presents: Advantages of Blockchain in Trade Finance
Jones Day Presents: What is Smart Code and How Does it Relate to Smart Contracts?
Jones Day Presents: Smart Contracts and Blockchain
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
As Congress is on its August recess, litigation over digital asset issues continued with major developments in the Yuga Labs trademark case and the SEC cases against Kraken and Consensys. While these matters all involve...more
New Crypto Payment and Staking Services Launch, Bank to Pilot Crypto Trading - According to recent reports, Transak, a leading payments infrastructure provider for crypto and NFTs, has announced a strategic collaboration...more
Executive Summary: In the summer and fall of 2022, electronic transactions were undergoing a sea change, but riding different tides: in the summer, the Uniform Law Commission approved a set of amendments to the Uniform...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
In 2019, the American Law Institute (“ALI”) and Uniform Law Commission (“ULC”) began developing amendments to the Uniform Commercial Code (“UCC”) to adapt to the changing landscape of transactions involving digital assets,...more
The Securities and Exchange Commission recently brought its first two enforcement actions against issuers of non-fungible tokens (NFTs), resulting in cease-and-desist orders, penalties and other remedies, finding that the...more
Financial Firms Launch Crypto Products for Custody, Tokenization and Staking - In a recent press release, BitGo announced its plans “to create the first Bitcoin-only trust company” by partnering with Swan Bitcoin, a leading...more
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
What is a Non-Fungible Token or NFT and what are the IRS and California tax issues associated with Non-Fungible Tokens or NFTs which might apply to you? NFTs are unique tokens based in and recorded within a blockchain that...more
In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark...more
This will be a two-part posting. In this first part, we will focus on the NFT technology, and in the second part the legal underpinnings. NFT technology presents an extraordinary opportunity for arbitration to be used as the...more
The concept of the metaverse, a virtual world where users interact with digital environments and each other in immersive ways, has gained significant attention in recent years. With advancements in virtual reality (VR) and...more
Cryptocurrencies and non-fungible token (NFT) news headlines currently focus on the market crash (sometimes framed as a crypto-winter or cryptoextinction), fraud and the collapse of various crypto exchange platforms — or the...more
As blockchain and nonfungible tokens (NFTs) are still new technologies, their legal infrastructure is still developing, creating potential vulnerabilities. Three such vulnerabilities in the NFT space were exposed in our...more
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more
On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more
In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more
There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more
"Fungible" is an adjective that describes something easily capable of mutual substitution, such that one part or quantity may be exchanged by another equal part or quantity. Money is fungible. It is designed to be completely...more
2022 promises to be a defining year for digital assets and blockchain, as governments move from a watch and wait position to delivering regulatory frameworks and taking strides to harness the potential of the technology....more
Decentralized finance platforms (DeFi) are designed to operate in a decentralized manner primarily through the utilization of smart contracts. Smart contracts are simply a name given to small “if/then” statements written in...more
Editor’s Note: On August 17, 2022, The Electronic Discovery Reference Model (EDRM) under the leadership of Mary Mack and Kaylee Walstad, hosted HaystackID as we collectively shared an educational webcast developed to...more
The latest analysis of “smarter contracts” provides helpful guidance on the opportunities and potential legal and practical risks in adopting these technologies. LawtechUK’s latest analysis of so-called smarter contracts...more
As Decentralized Autonomous Organizations (DAOs) have exploded into public consciousness, new types of DAOs are proliferating. A novel use case for DAOs, termed “ImpactDAOs”, are defined as “any DAO that creates net positive...more