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Areas of Interest
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
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
