4 episodes

A podcast providing insights and practical tips on blockchain-related legal issues. Join Sheppard Mullin’s Blockchain Team and their guests as they discuss legal issues resulting from blockchain technologies and business models and practical solutions for keeping their use legit.

Sheppard Mullin's The Legit Ledger Sheppard Mullin, with Gabriel Khoury and James Gatto

    • Business
    • 5.0 • 4 Ratings

A podcast providing insights and practical tips on blockchain-related legal issues. Join Sheppard Mullin’s Blockchain Team and their guests as they discuss legal issues resulting from blockchain technologies and business models and practical solutions for keeping their use legit.

    Detecting and Enforcing IP Infringement in Web3 with Kevin Tian, CEO at Doppel

    Detecting and Enforcing IP Infringement in Web3 with Kevin Tian, CEO at Doppel

    In this week’s episode of The Legit Ledger, Sheppard Mullin attorneys Yasamin Parsafar and Jim Gatto are joined by Kevin Tian, Co-founder and CEO at Doppel, to discuss the detection and enforcement of IP infringement in Web3, including the types of breaches typically seen and the options available for enforcement once a potential violation is identified.
     
    About Kevin Tian
    Kevin Tian is a Silicon Valley veteran whose pre-Doppel career includes engineering stints at Uber and Lyft. Launched with co-founder and fellow ex-Uber engineer Rahul Madduluri in February 2022, Doppel indexes NFT data across various blockchains, including Ethereum, Solana, Polygon, and Flow, leveraging models that incorporate keywords and metadata to spot fraud. The Doppel platform is currently integrated with OpenSea, the largest NFT marketplace, and in the process of integrating with others. Dapper Labs, one of the biggest names in the space and the company behind the NBA’s Top Shot NFTs, has already signed on as a Doppel client. The company has also begun piloting its product with Yuga Labs, creator of the Bored Apes Yacht Club (BAYC) collection, and is in the early design stages with a few others.
     
    About Jim Gatto
    Jim Gatto is a partner with the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office, where he co-leads the Blockchain & Fintech Team. His practice focuses on blockchain, interactive entertainment, digital art, AI, and online gambling. He advises clients on IP strategies, development and publishing agreements, licensing and technology transaction agreements, and tech regulatory issues. Jim has been involved with blockchain since 2012 and has been recognized as a thought leader by leading organizations, including Best Lawyers in America 2021-2022; Cryptocurrency, Blockchain and Fintech Trailblazer, The National Law Journal, 2018; and Thought Leader on Blockchain & Cryptocurrencies, National Law Review, 2018. 
     
    About Yasamin Parsafar
    Yasamin Parsafar is a partner with the Intellectual Property Practice Group in Sheppard Mullin’s San Francisco office, where she serves as co-leader of the firm’s Blockchain & Fintech team. Her practice focuses on protecting her clients’ intellectual property rights through counseling, prosecution, enforcement, and litigation. Yasamin leverages her litigation experience to strengthen and protect her clients’ intellectual property, manage risks, and position businesses to succeed in the event of a dispute. She frequently advises and protects brands venturing into web3 on various issues related to non-fungible tokens, metaverses, games, online marketplaces, and other platforms.
     
    What We Discussed in This Episode:
     
    What types of IP Infringement are we typically seeing with Web3, particularly with NFTs? How does Doppel identify and monitor IP infringement in Web3? Is Doppel’s computer vision component similar to digital fingerprinting, or is it something different? Doppel has already onboarded Ethereum and a couple of other chains. What have you done there so far, and what are your plans for the future? Once Doppel has identified a potential infringement, what steps can be taken to abate it? Can Doppel determine where an actual NFT file is stored? What is the process once the storage location is identified? How does Doppel’s technology work when a file is stored on a decentralized server? How does storage on a decentralized system impact enforcement? What does the UDRP process entail? Are there any significant differences when identifying NFTs associated with the metaverse compared to monitoring marketplaces? Can Doppel’s technology detect changes in dynamic NFTs?  
     
    Contact Information:
     
    Jim Gatto
    Yasamin Parsafar
    Kevin Tian
    Doppel
    This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult wit

    • 19 min
    Licensing Considerations for NFT Creators and Owners with Jim Gatto and Gabe Khoury

    Licensing Considerations for NFT Creators and Owners with Jim Gatto and Gabe Khoury

    In this episode of The Legit Ledger, Sheppard Mullin attorneys Jim Gatto and Gabe Khoury discuss licensing considerations for NFT owners and creators, including the range of licenses creators are using, the recent trend toward more commercial NFT licenses, and practical considerations to keep in mind when drafting an NFT license with commercial rights.   Jim Gatto is a partner with the Intellectual Property Practice Group in Sheppard Mullin's Washington, D.C. office, where he co-leads the Blockchain & Fintech Team. His practice focuses on blockchain, interactive entertainment, digital art, AI, and online gambling. He advises clients on IP strategies, development and publishing agreements, licensing and technology transaction agreements, and tech regulatory issues. Jim has been involved with blockchain since 2012 and has been recognized as a thought leader by leading organizations, including Best Lawyers in America 2021-2022; Cryptocurrency, Blockchain and Fintech Trailblazer, The National Law Journal, 2018; and Thought Leader on Blockchain & Cryptocurrencies, National Law Review, 2018. 
     
    About Gabe Khoury
    Gabe Khoury is an associate with the Corporate Group in Sheppard Mullin's Washington, D.C. office. As Lead Associate of the Blockchain and Digital Assets team, he handles regulatory compliance issues relating to the use of blockchain technology, social media, Web3.0, video games, online gambling, virtual goods and currency, social tokens, decentralized autonomous organizations, decentralized exchanges, cybersecurity, privacy, Esports, the metaverse, money transmission, financial technologies, NFTs, and artificial intelligence. Gabe holds certifications in NFT technology, Metaverse Technologies, and Blockchain Law from the Blockchain Council.
     
    What We Discussed in This Episode:
    The various types of NFT licenses Why have we recently seen a trend toward more commercial NFT licenses? Has there been any commercial NFT licenses by brands or IP owners? What are some well-known examples that have involved the granting of a commercial license? What are some of the other ways NFT owners are leveraging commercial licenses? How might an NFT creator benefit from granting broad rights in a commercial license? How might an NFT owner benefit from granting broad rights in a commercial license? What are some of the practical considerations NFT creators should think about when drafting a license with commercial rights?


    Resources Mentioned
    Tokenization and the Law NFTs and Intellectual Property: What IP Owners and NFT Creators Need to Know  Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs  
    Contact Information:
    James G.Gatto
    Gabe Khoury
     

    • 23 min
    The Current State of NFT Regulation: What Market Participants Need to Know with Jim Gatto and Gabe Khoury

    The Current State of NFT Regulation: What Market Participants Need to Know with Jim Gatto and Gabe Khoury

    In this week's episode of The Legit Ledger, Sheppard Mullin attorneys Jim Gatto and Gabe Khoury discuss the current state of NFT regulation, including misconceptions regarding the regulatory status of NFTs, the conditions under which an NFT might be considered a security, which regulatory agencies market participants should be watching, and more.  
    About Jim Gatto
    Jim Gatto is a partner with the Intellectual Property Practice Group in Sheppard Mullin's Washington, D.C. office, where he co-leads the Blockchain & Fintech Team. His practice focuses on blockchain, interactive entertainment, digital art, AI, and online gambling. He advises clients on IP strategies, development and publishing agreements, licensing and technology transaction agreements, and tech regulatory issues. Jim has been involved with blockchain since 2012 and has been recognized as a thought leader by leading organizations, including Best Lawyers in America 2021-2022; Cryptocurrency, Blockchain and Fintech Trailblazer, The National Law Journal, 2018; and Thought Leader on Blockchain & Cryptocurrencies, National Law Review, 2018. 
     
    About Gabe Khoury
    Gabe Khoury is an associate with the Corporate Group in Sheppard Mullin's Washington, D.C. office. As Lead Associate of the Blockchain and Digital Assets team, he handles regulatory compliance issues relating to the use of blockchain technology, social media, Web3.0, video games, online gambling, virtual goods and currency, social tokens, decentralized autonomous organizations, decentralized exchanges, cybersecurity, privacy, Esports, the metaverse, money transmission, financial technologies, NFTs, and artificial intelligence. Gabe holds certifications in NFT technology, Metaverse Technologies, and Blockchain Law from the Blockchain Council.
     
    What We Discussed in This Episode:
    People frequently assume NFTs aren't subject to many of the same regulatory issues relevant to cryptocurrencies. Is that assumption accurate? Have there been any NFT-related regulatory enforcement actions? Has the SEC issued any guidance on NFTs? When might NFTs be subject to securities laws? How does FinCen's guidance on the applicability of the Bank Secrecy Act to convertible virtual currencies apply to NFTs? How does the Department of Treasury's recent study on the facilitation of money laundering and terrorist financing through the art trade relate to NFTs? Are there any sanctions-related issues that apply to NFTs? Many traditional video game companies have faced lawsuits over the alleged use of gambling mechanics. How might the growing use of NFTs in blockchain-based games play into that trend?  
    Resources:
    Tokenization and the Law: Legal Issues with NFTs OFAC Enforcement Impacts NFTs: As Crypto Enforcement Ramps Up to Combat Ransomware, Robust Compliance is Key  The Crypto Enthusiast and The Regulator: What OFAC is, Could Be, and Should Be Doing to Regulate CryptoCurrencies When Does Cryptocurrency Mining Create a Taxable Event? IRS Does Not Clarify Money Laundering and High-Value Art: Treasury’s Study Discusses Financial Crimes and NFTs SEC Announces 2022 Examination Priorities, Includes Crypto-Assets  Crypto and Russia Sanctions: A Primer and Survival Guide For Crypto Companies March 2022 Crypto Enforcement Actions Roundup April 2022 Crypto Enforcement Actions And Regulatory Guidance Roundup  May 2022 Crypto Enforcement Actions and Regulatory Guidance Roundup   
    Sheppard Mullin’s Law of the Ledger blog is designed to provide breaking news, insights, legal analysis, and resources on legal issues related to blockchain technology and the digital asset sphere. Subscribe now! 
     
    Contact Information:
    James G.Gatto
    Gabe Khoury
     

    • 25 min
    Introducing The Legit Ledger: Intellectual Property Considerations for Licensing NFTs with Yasamin Parsafar and Jim Gatto

    Introducing The Legit Ledger: Intellectual Property Considerations for Licensing NFTs with Yasamin Parsafar and Jim Gatto

    Presented by Sheppard Mullin’s Blockchain Team, The Legit Ledger podcast covers blockchain-related legal issues and offers practical tips on keeping transactions legit. In each episode, we discuss legal and regulatory matters relating to blockchain tech and business models with thought leaders and industry professionals who have hands-on experience with this evolving legal landscape. For our inaugural episode, Sheppard Mullin attorneys Yasamin Parsafar and Jim Gatto address the various intellectual property considerations for licensing digital assets related to NFTs, including the specific rights and types of licenses that may be granted.
     
    About Jim Gatto
    Jim Gatto is a partner with the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office, where he co-leads the Blockchain & Fintech Team. His practice focuses on blockchain, interactive entertainment, digital art, AI, and online gambling. He advises clients on IP strategies, development and publishing agreements, licensing and technology transaction agreements, and tech regulatory issues. Jim has been involved with blockchain since 2012 and has been recognized as a thought leader by leading organizations, including Best Lawyers in America 2021-2022; Cryptocurrency, Blockchain and Fintech Trailblazer, The National Law Journal, 2018; and Thought Leader on Blockchain & Cryptocurrencies, National Law Review, 2018. 
     
    About Yasamin Parsafar
    Yasamin Parsafar is a partner with the Intellectual Property Practice Group in Sheppard Mullin’s San Francisco office, where she serves as co-leader of the firm’s Blockchain & Fintech team. Her practice focuses on protecting her clients’ intellectual property rights through counseling, prosecution, enforcement, and litigation. Yasamin leverages her litigation experience to strengthen and protect her clients’ intellectual property, manage risks, and position businesses to succeed in the event of a dispute. She frequently advises and protects brands venturing into web3 on various issues related to non-fungible tokens, metaverses, games, online marketplaces, and other platforms.  
     
    What We Discussed in This Episode:
    What is an NFT? What rights could be involved when transferring digital assets associated with an NFT? What types of licenses may be granted?  How does a personal, non-commercial license differ from a commercial license? What are some of the considerations surrounding the granting of commercial license rights?  
    Contact Information:
    Yasamin Parsafar
    James G.Gatto
     
    Resources
    NFTs and Intellectual Property:  What IP Owners and NFT Creators Need to Know Protecting IP and Limiting Liability When  Licensing IP for Digital Art and NFTs Tokenization and the Law: Legal Issues with NFTs | Law of the Ledger

    • 17 min

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