Alert 04.10.25
U.S. Department of Justice Curtails “Regulation by Prosecution” in Digital Asset Enforcement
A new DOJ policy directs prosecutors to focus on crypto fraud and use of digital assets to facilitate other crimes.
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Non-Fungible Tokens (NFTs) have emerged as a transformative force in the digital economy, representing ownership and authenticity of unique digital assets on blockchain networks. From digital art and collectibles to gaming assets and intellectual property rights, NFTs present novel legal questions that cut across intellectual property, contract law, securities regulation, and beyond. At Pillsbury, we recognize that NFT transactions are not just technical code via smart contract—they are legal events with real-world consequences. Our team has been at the forefront of advising clients on the legal implications of minting, selling, licensing, and protecting NFTs, helping creators, platforms, and collectors navigate the complexities of this rapidly evolving space.
Whether you are an artist seeking to monetize your digital works, a platform structuring NFT marketplaces, or an investor exploring NFT-backed assets, our firm offers tailored legal guidance across the NFT lifecycle. We assist clients in thinking through the smart contract mechanics and logic, understanding how traditional legal frameworks apply to NFTs, including intellectual property ownership, licensing strategies, contract formation, and secondary market sales. We also provide risk assessments related to regulatory developments, such as securities law implications and anti-money laundering (AML) compliance, ensuring our clients are protected in an uncertain and evolving legal landscape.
Our firm’s experience with NFTs extends advising developers, advising clients on cross-border NFT transactions, structuring NFT funds, representing content creators, and resolving disputes involving digital assets. We pride ourselves on providing clear, actionable advice that bridges the gap between cutting-edge technology and established legal principles. As the NFT market continues to mature, we are committed to helping our clients unlock the potential of this new asset class while mitigating legal risks and fostering responsible innovation.
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Our team helps clients with numerous legal issues that may arise in connection with NFTs, including:
Our team also stays abreast of evolving issues such as regulatory issues, tax implications, investment strategies and the potential for costly litigation.
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