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February 27th, 2023
Dapper Labs Ruling Could Spell Trouble for Other Centralized NFT Projects, Experts Say
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Dapper Labs Ruling Could Spell Trouble for Other Centralized NFT Projects, Experts Say” published by CoinDesk. The article discusses the recent ruling that denied NFT company, Dapper Labs’ motion to dismiss their class-action lawsuit. The plaintiff claims that Dapper Labs’ NBA-branded Top Shot Moments NFTs are securities and should therefore have been registered with the U.S. Securities and Exchange Commission (SEC) before being sold. Jeremy is quoted saying, “Folks minting NFTs on public blockchains and using open marketplaces can breathe a little easier. The vast majority of NFT projects don’t share those key facts that troubled the court.”
Jeremey notes that Dapper Labs’ strategy in creating a “walled garden” within its platform heavily contributed to the ruling and provided future guidance on how to create NFT platforms and products. He says, “As with most blockchain ventures, the more centralized the NFT offering, the greater the risk that the offering will be deemed a security. My hope is that the Dapper Labs decision helps educate courts, lawmakers and regulators on the fundamental distinction between private and public blockchains; between centralized platforms and decentralized protocols.
In conclusion Jeremey says, the ruling is a significant step in providing regulatory clarity for all NFT projects spanning the space, whether public or private. He adds, “Right or wrong, the decision provides some of the best legal guidance I’ve seen – basically a road map – on how to structure NFT projects in a way that minimizes securities risks.”
Read the full article here.
Other Quoted
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025
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. 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
