Session I - Addressing Third-party Risks in NFT Deals – Kyle Fath & Mike Llewellyn
As consumer demand for NFTs continues, organizations looking to capitalize on the hype need to be aware of the legal risks. At various stages of the life of an NFT - from ideation to its creation and minting on the blockchain, to being listed and offered for sale, and potentially being resold by the purchaser – several third-party stakeholders are involved. While some of the third-party risks associated with NFTs and their creation, promotion, and sale will be familiar to organizations and their legal teams, others are unique to the NFT and blockchain space. Join us for a discussion on the third parties involved in a drop, offering, or other deal involving NFTs and how to address the third-party risk that is presented with respect to the various stakeholders involved.
Key topics to be discussed:
Introduction to NFTs/Lifecycle of an NFT
Who’s Involved – the Stakeholders in an NFT Deal
Legal Risks as to each Third-Party Stakeholder
Session II - Advertising Law Issues – Hannah E. Taylor
What are the advertising legal issues raised by the NFT craze and how can we solve them?
Key topics to be discussed:
What are the advertising issues coming up in the NFT space?
What legal issues does this activity raise?
How can lawyers most effectively counsel clients on the advertising and consumer protection aspects of NFT drops
Session III - Legal Considerations when Launching an NFT Marketplace - Catherine Zhu & Louis Lehot
Attendees will learn survey overview of key legal issues involved in establishing an NFT marketplace.
Key topics to be discussed:
Session IV - NFTs and Intellectual Property – Aaron Johnson
In this program we will discuss how intellectual property rights affect the sale and ownership of non-fungible tokens (NFTs), including what IP rights an NFT seller should be aware of, whether an IP owner can stop the sale of NFTs connected to their rights, and what IP rights, if any, an NFT purchaser owns.
Key topics to be discussed:
What are NFTs
IP rights contained within NFTs
IP rights of NFT owners
Date: September 16, 2022
Kyle Fath | Squire Patton Boggs
Kyle Fath is of counsel in Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets Practice. Kyle’s deep experience in blockchain, intellectual property, drafting and negotiating strategic technology agreements, product counseling, and advising on the buildout of e-commerce and other platforms have made him a go-to lawyer in the NFT space. He has counseled brands, gaming developers, makers of apparel and collectibles, entertainment studios, and celebrities and other talent through dozens of NFT deals.
Mike Llewellyn | Squire Patton Boggs
Mike Llewellyn is a legal director in Squire Patton Boggs’ Intellectual Property & Technology team in London and is a senior member of the firm’s Media, Sports and Entertainment. Mike has considerable experience advising a number of international technology businesses on strategic arrangements both at a business-to-business and business-to-consumer level. He has advised a broad range of clients on NFT related matters on an international basis, with a particular focus on rights holders, intermediaries, content distribution and gaming platforms across the sports and gambling industries. Mike has been recognized as a “Rising Star” in the UK Legal 500 directory.
Hannah E. Taylor | Frankfurt Kurnit Klein & Selz PC
Hannah E. Taylor is the co-chair of Frankfurt Kurnit’s Blockchain Technology and Advertising, Marketing & Public Relations Groups, representing clients on digital and media technology, advertising, consumer protection, branded entertainment, and intellectual property matters. Ms. Taylor has received praise in Best Lawyers in America, The Legal 500, Chambers USA, and Super Lawyers. She is an industry thought-leader who frequently speaks at major conferences and is also actively involved in leading industry associations. Ms. Taylor has particular expertise on emerging technology and how brands and creatives can use blockchain technology (including NFTs) most effectively and to avoid significant legal risk. She works with clients to structure and negotiate virtually every type of media-related agreement, advises clients on claim substantiation and compliance with federal, state, and local laws, as well as on compliance with relevant self-regulatory guidelines, social media platform terms, represents advertisers before the Federal Trade Commission and the National Advertising Division.
Louis Lehot | Foley & Lardner LLP
Louis Lehot is a partner and business lawyer with Foley & Lardner LLP, based in the firm’s Silicon Valley, San Francisco and Los Angeles offices, where he is a member of the Private Equity & Venture Capital, M&A and Transactions Practices as well as the Technology, Health Care, Life Sciences and Energy Industry Teams. Louis focuses his practice on advising entrepreneurs and their management teams, investors and financial advisors at all stages of growth, from garage to global. Louis especially enjoys being able to help his clients achieve hyper-growth, go public and to successfully obtain optimal liquidity events.
To assist his clients in realizing their objectives, Louis brings to bear a broad array of legal and business instruments, processes and strategies, from formation to liquidity. He guides emerging private companies as they secure venture capital financing, prepare for IPO or de-SPAC, and navigate the exit. His domain experience in public offerings and private placements of equity, equity-linked, and debt securities, mergers, acquisitions, dispositions, spinoffs, strategic investments, and joint ventures, as well as corporate governance and securities law compliance matters, serves his clients well. Additionally, Louis regularly represents US and non-US registrants before the SEC, FINRA, NYSE and NASDAQ.
Prior to joining Foley, Louis was the founder of a Silicon Valley boutique law firm called L2 Counsel. He previously served as both the co-managing partner and co-chair of the emerging growth and venture capital practice of a global law firm in Silicon Valley. With a legal career in New York, London, Paris, and Silicon Valley spanning more than 20 years, Louis has worked in technology, health care, clean energy, and other innovative industries, leveraging the latest legal technology tools to drive strategies and solutions that make sense.
On a very short list of Silicon Valley’s and San Francisco’s leading corporate lawyers, Louis has handled some of the highest profile matters in the tech, health care, and clean energy spaces. Louis has been recognized by peer-reviewed industry guides and leading practitioners as one of the most innovative, creative, and versatile corporate counsel.
Catherine Zhu | Foley & Lardner LLP
Catherine Zhu is a leading business, commercial and privacy lawyer, based in the Bay Area. She advises innovative and emerging technology companies on business expansion, go-to-market and commercialization, IP licensing and monetization, and data privacy compliance, governance, and risk management. Catherine helps her clients achieve their business objectives through finding risk-balanced solutions to legal issues and navigating complex legal frameworks with precision.
Catherine is a Bay Area native, where as a child she was exposed to innovative technology companies through her parents, both Silicon Valley engineers. Catherine started her legal career advising startups and technology companies. Prior to joining Foley, Catherine founded a boutique law firm specializing in data privacy and commercial transactions that aimed to create a best-in-class legal experience by leading with business-intelligent and ops-oriented advising. Catherine has also previously practiced in the commercial transactions and data privacy group at Atrium, a venture-backed law firm and Y-Combinator top 100 startup, and prior to Atrium, she was a member of the technology transactions group at an Am Law top 15 law firm. Having both worked at a startup and been a founder herself, Catherine’s practice resonates with entrepreneurs by emphasizing strategic counseling, process and operational efficiency, and creative problem-solving.
Aaron Johnson | Lewis Roca Rothgerber Christie LLP
Aaron Johnson is a partner in the Intellectual Property Practice Group of Lewis Roca. Aaron’s practice focuses on protecting and enforcing his clients’ intellectual property rights, particularly trademark and copyright rights, and defending against claims of infringement.
Aaron counsels clients on IP protection strategy, assists with the prosecution of trademark and copyright applications in the U.S. and internationally, and has handled trademark and copyright disputes in a wide variety of forums, including before federal and state courts in the U.S., opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, and domain name issues before international tribunals. He concentrates on helping clients resolve their disputes before litigation is necessary, and counsels them on best practices regarding enforcement of their intellectual property rights.
Aaron has assisted a wide array of clients with enforcing their intellectual property rights, ranging from startups to well-known and established companies in varied industries, including defense, integrated electronics, consumer goods, food service, hospitality, software, online services, fashion, jewelry, and brewing. He also has experience in a few other intellectual property fields, including publicity law and the development of anti-counterfeiting campaigns.
Session I – Addressing Third-party Risks in NFT Deals | 1:00pm – 2:00pm
1. Introduction to NFTs/Lifecycle of an NFT | 1:00pm – 1:20pm
2. Who’s Involved – the Stakeholders in an NFT Deal | 1:20pm – 1:40pm
3. Legal Risks as to each Third-Party Stakeholder | 1:40pm – 2:00pm
Break | 2:00pm – 2:10pm
Session II – Advertising Law Issues | 2:10pm – 3:10pm
1. What marketers are doing in the NFT space | 2:10pm – 2:40pm
2. Practical advice for lawyers looking to counsel in this area | 2:40pm – 3:10pm
Break | 3:10pm – 3:20pm
Session III – Legal Considerations when Launching an NFT Marketplace | 3:20pm – 4:20pm
Session IV – NFTs and Intellectual Property | 4:30pm – 5:30pm
1. What is a Non-fungible token (NFT)? | 4:30pm – 4:37pm
2. What does the owner of an NFT own? | 4:37pm – 4:44pm
3. What IP rights are affected by, or contained within, the sale of an NFT? | 4:44pm – 4:51pm
4. How is an NFT sold? | 4:51pm – 4:58pm
5. What IP rights are sold within an NFT? | 4:58pm – 5:05pm
6. What IP rights does an NFT owner obtain? | 5:05pm – 5:12pm
7. Recent lawsuits regarding IP rights and NFTs | 5:12pm – 5:30pm