In April of last year, we wrote about the report released by the Consumer Financial Protection Bureau (“CFPB”) in which the CFPB stated that it was “monitoring markets” to determine what further actions it might take to regulate non-traditional...

The United States Security and Exchange Commission (“SEC”) is reportedly investigating Yuga Labs Inc., the creator of the Bored Ape Yacht Club, one of the most lucrative blockchain NFT (non-fungible token) projects. Earlier this year...

On March 9, 2022, President Biden signed a historic executive order directing federal agencies and regulators to assess the risks and benefits of cryptocurrencies and examine the viability of a digital currency issued by the...

As more businesses consider integrating non-fungible tokens (NFTs) into their social media, gaming, or marketing strategies, it’s important to think through digital content and the intellectual property (IP) issues they implicate. Recent disputes over the...

Valve recently announced that games and applications using blockchain-based cryptocurrencies or Non-Fungible Tokens (NFTs) cannot be published on its Steam distribution platform. As the world’s largest digital video game distribution platform, Steam’s ban has stirred...

The SEC has issued a “Framework for ‘Investment Contract’ Analysis of Digital Assets” (the ‘Framework’) that provides the Division of Corporation Finance’s guidance on how to evaluate whether digital assets are “investment contracts,” which are a...

At the beginning of year, House and Senate members of Colorado’s General Assembly introduced the Colorado Digital Token Act (“CDTA”). The bill exempts digital token issuers who market tokens primarily for consumptive purposes (e.g., to...

The Securities and Exchange Commission (“SEC”) recently announced a $388,000 settlement with the founder of EtherDelta, a digital “token” trading platform, for operating an unregistered cryptocurrency exchange. This is the first enforcement action of its...