NFTs 2.0: Legal and Regulatory Considerations for Emerging NFT Applications

In the short time since their appearance, applications of Non-Fungible Tokens ("NFTs") have already morphed well beyond artwork and memorabilia to interact with other cryptos, metaverse, and traditional technologies, assets, and revenue models. After a brief "state of play" market survey, Jacqueline Drohan will lead attendees through an exploration of the legal and regulatory considerations relevant to in-house counsel and other attorneys representing stakeholders and platforms. Topics will include NFT communities; fractionalized NFTs; extended smart contract applications; and NDF versus deliverable trading, custody issues, short sale, margin, and coin lending.

Learning Objectives:

1. Define and analyze legal implications of emerging novel uses of virtual tokens to support and benefit from utility applications in online communities and organizations

2. Identify the process and purpose of minting and distributing fractionalized NFTs and their potential implications for securities and crypto regulation

3. Discuss whether blockchain automated logic is supporting, supplementing, or even partially supplanting traditional written legal agreements

4. Gain a strategic understanding of the legal and regulatory landscape with respect to the SEC, CFTC, FinCEN, and state MSB licensing

5. Review potential enforcement pitfalls relevant to in-house and private counsel