Non-Fungible Tokens (“NFTs”) & Digital Assets

Overview

The sudden emergence and rapid rise of non-fungible tokens (“NFTs”) as “one-of-a-kind” assets, blockchain as revolutionary technology, and digital assets, including cryptocurrencies, has created transformative opportunities and complex challenges.

Blank Rome’s multidisciplinary team of attorneys advises clients across diverse industries on the broad range of business and legal issues that arise for companies and individuals seeking to invest in and/or incorporate NFTs, blockchain technologies, and digital assets into their businesses and portfolios.

We provide cutting-edge knowledge and strategic legal guidance to a wide variety of clients—from digital artists, agents, sellers, and collectors looking to obtain a basic understanding of NFT contractual and intellectual property issues, to FinTech startups and highly regulated financial institutions seeking potential applications and tailored insights for the development and integration of blockchain principles and technologies. Always taking a holistic, business-oriented, and client-centered approach, we offer sophisticated guidance to help clients navigate the continually evolving transactional, regulatory, and litigation landscapes. We also represent and defend clients in regulatory investigations and proceedings.

We stand ready to assist clients with transactional, regulatory, corporate, and enforcement matters, while delivering creative, collaborative, and efficient solutions.

How We Can Help

NFTs

NFTs are often used as a vehicle for creating and transferring unique types of digital files and collectibles, such as artwork, photos, drawings, videos, and audio. NFTs, which consist of digitally stored units of data that are certified as distinct from any other NFTs, are not interchangeable, unlike digital currencies.

Blank Rome’s dynamic NFT team focuses on developments in this new class of assets while regularly guiding clients through the traditional legal issues that underpin NFTs, including:

  • Licensing in (or licensing out) artwork used to create NFTs
  • Copyright applications, patent prosecution, and enforcement for NFTs
  • Best practices for minting and selling NFTs
  • Drafting, negotiating, and enforcing master services agreements

Digital Assets

Digital assets, including cryptocurrencies, exist exclusively in electronic form and use a decentralized, digital ledger network (i.e., blockchain) to record transactions and exchanges. Our knowledgeable attorneys are helping clients with the following emergent issues:

  • Fund formation and structuring for investment in digital asset businesses
  • Regulatory and risk management issues surrounding initial coin offerings
  • Regulatory compliance for money services businesses including licensing
  • Investigations and enforcement matters related to registration, licensing, and alleged fraud
  • Proactive insurance coverage advice and counseling; insurance claims recovery
  • Cybersecurity, identity, and privacy issues relating to digital assets

Blockchain Technology

Blockchain is a decentralized, distributed ledger technology that facilitates a system of recording transactional information and tracking assets across a network of computer systems. Our experienced blockchain attorneys have a deep understanding of this technology and are advising clients on:

  • Distributed ledger transactions across financial services, maritime, healthcare, energy, real estate, professional services, and life sciences industries
  • Artificial intelligence technologies
  • Fund formation and structuring for investment in blockchain-related businesses
  • Proactive insurance coverage advice and counseling; insurance claims recovery
  • Cybersecurity, identity, and privacy issues relating to blockchain applications

Team

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