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April 3rd, 2022
Caked Ape Lawsuits Show Need for Clear Contracts in NFT Art
Blockchain Technology Co-Chair Jeremy S. Goldman was quoted in the article, “Caked Ape Lawsuits Show Need for Clear Contracts in NFT Art” published by Bloomberg Law. The article discusses two lawsuits over Caked Ape non-fungible tokens. Members of the Caked Ape NFT art project are suing each other based on financial agreements made over text messages. Artist Taylor Whitley claimed the project’s other founders infringed his copyrighted art by cutting him out of the project and his share of the NFT sales. Jeremy is quoted saying, “Part of the dispute will hinge on the type of copyright license Whitley claims to have” and adds, “The case is novel because the assets in question are based on an emerging technology, even though this type of contract and copyright dispute has been litigated thousands of times.”
Jeremy notes, “A written contract won’t completely eliminate the possibility of litigation.” He said that lawsuits are most likely when an expensive project fails and members start pointing fingers, or when a project is successful and members fight over how the money is divided. In conclusion Jeremy adds, “But I think you can avoid a tremendous amount of disputes and low-hanging fruit, not even necessarily by having lawyers at the beginning” and “You shouldn’t engage in a project that has upside potential without having those hard discussions with other members about what the deal is and putting it in writing.”
Read the full article here.
Other Quoted
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
