DAO and Joint Liability

The DAO of Joint Liability

One month into a new administration inaugurated in part through the sale of billions of dollars of Trump meme coins, it should come as no surprise that the new administration is expected to put a full stop on the executive branch’s prodigious output of crypto and NFT enforcement actions in recent years. Even so, the

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Smart Contracts and DAOs: A Lawyer’s Point of View

How Do Lawyers Think About and Read Smart Contracts? Smart contracts on blockchains like Ethereum are essentially computer programs written in specialized programming languages like Solidity. Smart contracts serve two main functions - acting as an "account" to hold, receive and send cryptocurrencies/tokens, as well as code that automatically executes one or more actions when

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How to Tokenize Real Estate Interests in a Legally Compliant Way

How to Tokenize Real Estate Tokenization of assets is one of the most common discussion topics in my blockchain/web3 practice. Both tangible and intangible and intangible assets can be tokenized. I have discovered that many first-time founders get lost in the cool functionality of their product and rarely step back to determine what the marketplace

Are Crypto Airdrops Legal?

Over the last few years, airdrops have become much more common in the crypto space. Airdrops are often used to market or promote a crypto startup or platform. But like with so many other things in the space, their legal status remains murky. In this post, I do a deep dive on the legality of

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Top Five Concerns When Buying a Regulated Business

Over the years, our corporate attorneys have developed a niche in a host of regulated and soon-to-be-regulated industries across the globe -- everything from healthcare, to cannabis, to banking and finance, to securities regulation for Web3 and other companies. And a huge part of that practice has been in mergers and acquisitions (M&A), or the

cyrpto airdrops

The Current Legal Status of Staking in the Crypto World

The Legal Status of Staking in the Crypto World With BTC, ETH, and other cryptocurrencies trending upward in Q4 2023 and into 2024, it is a good time to revisit an issue I have been thinking about lately. What is the legal status of staking? The Basics About Staking According to Coinbase, staking is multifaceted

The Ripple Case and tokens as a security

When is a Token a Security? Lessons from the SEC v Ripple Case

With the SEC v. Ripple decision emerging recently, many commentators (see here and here) have focused on the holding of the case, which is the correct place to start. This post focuses on the holding, plus additional matters discussed in the decision and additional insights gleaned from the rest of the decision. Foundational Facts of

What Are Smart Contracts on Blockchain? 

Are Smart Contracts Legal Contracts?

If you have been following the news around Web3 lately, you may have heard of smart contracts. They are used in a wide variety of decentralized digital transactions, including NFT sales, decentralized autonomous organizations (DAOs), and decentralized applications (dApps). Because smart contracts can relieve some of the hassle involved with traditional contracts, many businesses are

HB logo on gray background

What Are Smart Contracts on Blockchain?

If you've paid any attention at all to news about Web3, the metaverse, non-fungible tokens (NFTs), or cryptocurrency, you've probably heard of smart contracts. You're also probably intrigued by how they work from a legal perspective and what they could mean for the future of your business. Smart contracts are a foundational element of Web3,

Webtrademarks

Web3 Trademarks: Be Basic

With the rapid growth of the Web3 economy shaking up things across legal fields, it is not surprising that the registration of Web3 trademarks is raising novel issues. Web3 businesses should, of course, keep these issues on their radar when crafting brand strategies, but at the same time they must not neglect trademark basics. Similarity

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