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The rapid rise of blockchain assets and NFTs has revolutionized the way we think about value and ownership, creating new opportunities for investors and collectors alike. However, with this new technology comes new legal challenges, disputes, and insolvencies in an uncharted and evolving regulatory environment. That’s where our multidisciplinary team comes in.

The team's guidance ranges from protecting and exploiting IP to resolving complex disputes before regulators, arbiters, and courts. We also have expertise in using digital assets in secured transactions and in bankruptcy matters. In addition to assisting blockchain-native businesses, our deep expertise in entertainment and media allows us to be particularly adept at advising celebrities, influencers, digital content publishers, web2 content companies, social platforms, and video game studios who are leveraging their IP in the NFT space.

Our team of experienced lawyers helps clients navigate an ever-changing regulatory environment of digital assets in areas of asset recovery, cybersecurity, secured transactions, bankruptcy and insolvency, corporate disputes, breach of contract, copyright, and intellectual property rights.

Our expertise lies in the fact that our practitioners understand blockchain technology and have gained invaluable hands-on experience that helps us tailor cutting-edge solutions to complex legal challenges for our clients.

We pride ourselves on using our practical knowledge and past experiences to provide pragmatic, business-minded guidance to clients in a cost-efficient manner. We routinely explore client and competitor blockchain projects to inform our advice with hands-on experience. We tailor client solutions to exploit the limitless potential of on-chain activity while mitigating the risks posed by rapidly evolving technology preferences and regulatory enforcement priorities.

Our transactional and litigation experience includes:

  • Successfully obtained a $33 million arbitration award against T-Mobile under the Federal Communications Act, arising out of a SIM swap that led to the theft of millions in cryptocurrency. The ruling is the largest known award of its kind and included a significant attorneys’ fee recovery following years of litigation and a multi-week arbitration.
  • Representing cryptocurrency investor Michael Terpin in winning a $75.8 million judgment stemming from the theft of close to $24 million in crypto assets.
  • Representing a top-10 NFT collection/ecosystem in trademark, copyright, and token design matters related to its ecosystem’s native currency and NFT holders’ commercialization of tokenized artwork.
  • Advising a game-streaming social platform in the development of a tokenization mechanism for creator content, including creator contracts, partner selection, game-publisher licensing, and NFT terms of sale.
  • Advising a web3 content studio in inbound licensing for entertainment content incorporating characters from Bored Apes Yacht Club and other semi-tokenized IP portfolios.
  • Representing a record producer and singer in connection with the sale of an NFT consisting of an exclusive song.
  • Represented MyConstant, a cryptocurrency lending/investing platform, in its out-of-court liquidation.

We have also advised clients on a range of other matters, including:

  • Crypto exchange bankruptcies
  • Security interests in digital currencies
  • Stolen private keys
  • Unauthorized transfers
  • NFT copyright and trademark infringement by NFT holders and third parties
  • Breach of NFT licenses
  • NFT projects on potential fraud liability and class-based claims stemming from delayed and unrealized project goals (“rug pulls”), successfully deterring holders from seeking regulatory and legal relief

We pride ourselves on our ability to stay ahead of the curve in this rapidly evolving area of law. Our team stays up to date on the latest regulatory developments and industry trends, allowing us to provide our clients with strategic advice and guidance in navigating the complex landscape of digital currencies and NFT disputes.

Our integrated team includes attorneys from our Corporate, Finance & Securities, Entertainment, Intellectual Property, Taxation, Cybersecurity & Privacy, Litigation, and Bankruptcy Groups. Depending on the needs of the client, members of these groups flexibly provide cohesive support and insight.

Publications

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Article

Is Help Coming For Users of Bankrupt Crypto Exchanges?

September 12, 2022

Jonathan Shenson, Bankruptcy, Reorganization & Capital Recovery Partner, authored the article "Is Help Coming For Users of Bankrupt Crypto Exchanges?" published by Law360. In the article, Jonathan discusses Voyager Holdings and Celsius Network's decision to file for Chapter 11 bankruptcy, whether custodially held crypto-assets are property of the estate, and how this affects their customers. Excerpts: To avoid the proverbial run on the bank, many crypto exchanges halted trading and froze customer accounts, and some have filed for Chapter 11 bankruptcy protection, like Voyager Holdings Inc. and Celsius Network LLC. The Voyager and Celsius Chapter 11 filings have enabled these crypto exchanges to use the breathing spell of bankruptcy — e.g., the automatic stay — to hopefully ride out the crypto winter and attempt to reorganize or pursue some other strategy to maximize recoveries for all stakeholders, perhaps at the expense of their customers.

Client Alert

Data Security Concerns Regarding COVID-19

March 31, 2020

The unprecedented events surrounding the outbreak of COVID-19 have also created concerns regarding the security of computer systems. The heightened fears surrounding the pandemic, along with the surge of individuals working from home, have created significant security challenges. The number of such security attacks have risen dramatically since the beginning of March, and the FBI on March 20, 2020, issued an alert about fraud schemes related to the pandemic.  The COVID-19 outbreak unfortunately provides an opportunity for hackers to exploit the fears and uncertainties engendered in the public by the emergency to launch malicious attacks for personal gain. In such “phishing” e-mails, hackers masquerade as public health authorities (such as the Centers for Disease Control (CDC) or World Health Organization (WHO)) in order to lure individuals to click on links so that they can implant malicious code on the user’s computer. Such “ransomware” encrypts the victim’s computer to force the victim to pay a substantial ransom (usually in cryptocurrency such as Bitcoin) for decryption of the files. Additional COVID-19 related attacks involve scams such as coronavirus cures or diagnosis, brand impersonations (for fake organizations like the “World Health Community”), fake e-mails relating to coronavirus stimulus payments, requests for donations to fake charities or blackmail. The current attacks also take advantage of the fact that unprecedented numbers of individuals are working from home and may thus not be strictly following their employer’s security practices. In light of these attacks, federal and state authorities, including the FBI and the California Attorney General, caution that organizations and their workforces remain vigilant and practice accepted cybersecurity hygiene during the COVID-19 crisis, particularly if working remotely:  Do not click on links in e-mails from unknown senders and be wary of emails that request opening of an attachment or clicking a link, particularly if they purport to come from a government agency (such as the CDC) or relate to coronavirus stimulus payments; Be wary of e-mails that convey a sense of urgency or exploit fear and uncertainty, such as those purporting to provide cures or diagnosis for COVID-19; Follow the guidelines of the California Attorney General to investigate requests from charities seeking contributions to make sure such requests are legitimate; Do not install unauthorized programs on computers; Keep anti-virus software up-to-date; Beware of e-mails purporting to come from your contacts or supervisors that do not follow normal procedures (such as requests for wire transfers); When working remotely, follow your firm’s procedures and use virtual private networks (VPN) and two-factor authentication (2FA) for accessing your firm’s system; and Check the security settings on home networks to make sure that they are not on default settings.

Events

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