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March 31st, 2023
Are DAOs Dead? Judge Ruling In bZx Case Spells Trouble, Legal Experts Say
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Are DAOs Dead? Judge Ruling in bZx Case Spells Trouble, Legal Experts Say” published by Decrypt. The article discusses the recent ruling that suggested individual members of bZx DAO could be found liable in lawsuits against the entity, which would be troublesome for token holders. Jeremy is quoted saying, “I mean, it's not good for DAOs. The decision crystallizes the fact that we don't live in a decentralized world. DAOs challenge [traditional business] structures, and our [legal] system. That's what you're seeing, potentially—an inherent incompatibility of those two ideas.”
Jeremy notes that the ruling was not a shock in the legal community. He says, "This didn't come as a surprise to anyone who understands what a DAO is, or how partnership law works in the United States.” This is especially apparent because bZx cofounder Kyle Kistner publicly stated that the benefit of transforming bZx from a company to a DAO would be protecting the organization from government oversight and securities-related legal actions. Jeremy says, “They traded a securities problem for a partnership problem. The SEC didn't go after them. The CFTC did.” Jeremy adds that bZx's refusal to register as an LLC in an attempt to avoid personal liability in American business while also engaging in profit-based digital commodity transactions, led to a situation where DAO members were exposed to an unnecessary amount of legal liability.
In conclusion, Jeremy says, “So what if there's an entity? So what if there's some element of centralization? Why is that so bad?”
Read the full article here.
Other Quoted
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. (Behind paywall) View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025
The Television Academy’s Second Annual AI Summit Pushed Calm—and Concern
IndieWire quotes Andrew Folks who spoke on a panel of legal experts at the Television Academy’s AI Summit at the Saban Media Center in North Hollywood. The speakers addressed AI's impact on the industry and talent. Mr. Folks stated that privacy and copyright laws “are grappling” to address AI. He explained regulatory actions, and the application of copyright law. He also discussed litigation, including how OpenAI and Google in a government proposal argued that fair use protections apply to all copyrighted material used for AI purposes. The article noted, "over 400 A-List Hollywood power players condemned such an action." View Article
March 21 2025
