Sheppard Mullin's The Legit Ledger – Details, episodes & analysis

In this episode of the Legit Ledger, Jim Gatto, a partner in Sheppard Mullin’s Washington D.C. office and co-chair of its AI team, joins host Sarah Ben-Moussa to discuss what companies should know as they embrace generative AI, including key legal issues, the European Union’s Artificial Intelligence Act, and unique due diligence concerns when acquiring or investing in companies that develop or use generative AI.

What We Discussed in This Episode:

• What is generative AI, and why has it become so newsworthy?

• What are the key legal issues raised by AI?

• Who is liable if the output produced by generative AI infringes?

• Can you provide a broad overview of the European Union’s Artificial Intelligence Act? 

• How does the EU compare to the current landscape in the U.S.?

• Is it legal for companies to use your output to train their own AI models?

• What unique issues should be considered when conducting diligence for acquisitions or investments in companies using or developing generative AI?

• What are some of the most important things companies should do to minimize the risk when using AI?

About James G. Gatto

James G. Gatto is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office, where he also serves as Co-Leader of the firm’s Artificial Intelligence Team and Leader of the Open Source Team.

Jim’s practice focuses on AI, blockchain, interactive entertainment and open source. He provides strategic advice on all aspects of intellectual property strategy and enforcement, technology transactions, licenses and tech-related regulatory issues, especially ones driven by new business models and/or disruptive technologies. 

Jim has over 20 years of experience advising clients on AI issues and is an adjunct professor who teaches a course on Artificial Intelligence Legal Issues. He is considered a thought leader on legal issues associated with emerging technologies and business models, most recently blockchain, AI, open source and interactive entertainment. 

About Sarah F. Ben-Moussa

Sarah F. Ben-Moussa is an associate in the Corporate Practice Group in Sheppard Mullin’s New York office, where her practice focuses on domestic and cross-border mergers and acquisitions, financings and corporate governance matters. As a member of the firm’s French Desk, she has advised companies and private equity funds in both the United States and Europe on mergers, acquisitions, joint ventures, financings, complex commercial agreements, and general corporate matters.

As a member of Sheppard Mullin’s Energy, Infrastructure and Project Finance team, Sarah also represents renewable energy companies, borrowers, financial sponsors, portfolio companies, commercial banks and other financial institutions in a variety of financing transactions. Her practice focuses on a variety of transactions in the energy sphere, representing renewable energy companies in project-level debt and equity financings of wind and solar facilities. 

Before joining Sheppard Mullin, Sarah spent a year and a half studying and working in France,  focusing on corporate transactions and commercial contracts in Europe and internationally. Sarah is also committed to pro bono work, focusing on cases involving children seeking asylum or other immigration-related relief.

Contact Information:

James G. Gatto

Sarah F. Ben-Moussa

Additional Resources:

Copyright Office Artificial Intelligence Initiative and Resource Guide | Law of The Ledger

Training AI Models - Just Because It’s Your Data Doesn’t Mean You Can Use It | Law of The Ledger

Solving Open Source Problems with AI Code Generators – Legal Issues and Solutions | Law of The Ledger

Congress Proposes National Commission to Create AI Guardrails | Law of The Ledger

Sheppard Mullin Launches Artificial Intelligence Industry Team | Sheppard Mullin

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In this episode of the Legit Ledger, Matthew Lisle of Wedbush Securities joins Sheppard Mullin partner Bill Kane and associate William Sierra-Pambley to discuss recent developments impacting the digital asset marketplace, including the Ripple and Terraform opinions from the Southern District of New York.

What We Discussed in This Episode:

• There remains a lack of judicial consensus in applying the 1946 United States Supreme Court case, SEC v. W.J. Howey, where the Court delineated a three pronged test for determining what constitutes a security subject to SEC oversight. 77 years later the courts remain in disagreement on how to apply the Howey test as illustrated in recent US District Court decisions Ripple and Terraform.

• Cryptocurrency industry leaders want clear and comprehensive digital asset industry regulation to promote market transparency and investor confidence. Mr. Lisle provides his views on why the Commodity Futures Trading Commission (“CFTC”) should be the chief digital asset regulator and how it would benefit the market.

• Mr. Lisle discusses a path forward for the digital asset industry facing continued regulatory uncertainty. Self-regulation and legislative collaboration are discussed along with constructive solutions the Global Digital Asset & Cryptocurrency Association has proposed.

About Matthew Lisle

Matt Lisle serves as Chief Compliance Office (CCO) for the Futures Division of Wedbush Securities, one of the nation’s leading diversified independent financial services providers. A licensed attorney for over three decades, he has focused on legal and regulatory compliance in the futures industry for 25 years.

Matt served as General Counsel for Drawbridge Lending, which Galaxy Digital acquired in 2020. At Galaxy, he served as CCO of the commodity pool and trading advisory business. Matt also co-founded and is Chairman of the Global Digital Asset & Cryptocurrency Association.

About Bill Kane

Bill Kane is a partner in the Business Trial Practice Group in Sheppard Mullin’s Chicago office, where his national litigation practice includes complex commercial litigation and advice across industry sectors in corporate governance, director and officer issues, shareholder rights, media/entertainment, and regulatory issues. 

Bill represents clients before trial and appellate courts, administrative agencies, as well as private mediations and arbitrations. His government controversy practice includes representing clients in response to state and federal regulatory enforcement actions, including parallel proceedings, Presence Exams, and market issues related to 7 U.S.C. § 9 of  the Commodity Exchange Act, including its application in the Fin-Tech industry. He further conducts internal investigations for company board of directors and executive management in response to threatened and pending claims.

About William Sierra-Pambley

William Sierra-Pambley is an associate in the Finance and Bankruptcy Practice Group and a member of the firm’s Alternative Finance team and Blockchain & Fintech team.

 William represents corporate borrowers, financial sponsors, portfolio companies, commercial banks and other financial institutions in a variety of domestic and cross-border financing transactions. Some of the areas in which William has experience are senior secured and second-lien credit facilities in connection with broadly syndicated transactions, leveraged buyouts and add-on acquisitions. William also specializes in tribal-related financing projects.

Contact Information

Matt Lisle 

Bill Kane

William Sierra-Pambley

Resources

Global Digital Assets & Cryptocurrency Association

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.  It helps other listeners find this show.

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 with an attorney regarding your specific needs.

In this episode of the Legit Ledger, Sheppard Mullin attorney Michael Driscoll joins host Afruz Sayah to discuss the current crypto bankruptcies involving Voyager and Celsius, including the circumstances that led to those bankruptcies, why the introduction of crypto complicates a Chapter 11 proceeding and how these latest bankruptcies will clarify legal issues around crypto insolvencies.

• How did you become involved in blockchain and crypto?
• What led to the Voyager and Celsius bankruptcies?
• Why didn't these platforms have enough liquidity?
• Both platforms froze all accounts. Is that something they can legally do?
• How did the two products Celsius offers play into its bankruptcy?
• Why did these platforms choose Chapter 11 bankruptcy over Chapter 7?
• What will happen to the creditors' frozen assets during Chapter 11 proceedings?
• Why does the intro of crypto make a Chapter 11 proceeding more complicated?
• Do you think these bankruptcies will clarify the legal issues around crypto insolvencies?
• How do fraudulent actions play into bankruptcy proceedings?
• Does bankruptcy offer fraudulent actors any protection from criminal or civil proceedings?
• How will deposits be distributed to creditors once Chapter 11 concludes?
• Leaked audio suggests Celsius executives wanted to create an IOU cryptocurrency. What are your thoughts on such a plan?

Michael Driscoll is a partner in the Finance and Bankruptcy Practice Group in the Sheppard Mullin New York office, where his practice focuses on problem loan workouts, bankruptcy, judicial and non-judicial foreclosure and creditors’ rights and commercial law. 

Prior to joining Sheppard Mullin, Michael served as a Trial Attorney in the United States Department of Justice’s Office of the United States Trustee for the Southern District of New York. During his tenure, he represented the United States Trustee’s office in over 150 Chapter 11 cases by ensuring compliance with applicable laws, rules, and regulations during all phases of bankruptcy cases.

Afruz Sayah is an associate in the Corporate and Blockchain Practice Group in Sheppard Mullin’s New York office, where her work focuses on capital markets matters with a main concentration in blockchain, cryptocurrency, NFT and other digital assets. Additionally, she advises clients on ongoing compliance and regulatory issues of various digital assets from the SEC and CFTC.

Michael Driscoll

Afruz Sayah

Blockchain and Cryptocurrency: Law of the Ledger 

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.   It helps other listeners find this show.

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 with an attorney regarding your specific needs.

In this episode of The Legit Ledger, Sheppard Mullin attorneys Chris Bosch and Zack Golda join host Yasamin Parsafar to discuss the Tornado Cash lawsuit, which claims the OFAC exceeded its authority by prohibiting U.S. citizens from interacting with the crypto mixer.

1. Can you provide a high-level explanation of what Tornado Cash is?
2. What does it mean for an entity to be on the OFAC's SDN List?
3. Why did OFAC add Tornado Cash to the SDN list?
4. Are you aware of any other instance where a technology was added to the SDN list?
5. Who are the plaintiffs in this case? What claims are they bringing in general?
6. It appears OFAC published new FAQs specifically in response to the Tornado Cash lawsuit. What can you tell us about those FAQs?
7. Can you explain how technology like Tornado Cash can be protected under the First Amendment?
8. The OFAC position appears to be that it's regulating conduct, not speech. How would that  argument impact the First Amendment issue?
9. Are there any First Amendment implications associated with dusting transactions?

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.

As an associate in the Governmental Practice Group in Sheppard Mullin’s New York office, Christopher Bosch primarily focuses on Securities regulation, compliance, and litigation, as well as internal investigations and white collar defense. He frequently represents banks, broker-dealers, investment advisers, boards of directors, corporate officers, financial advisors and other securities professionals in connection with internal investigations and inquiries by the U.S. Attorney’s Offices for the Southern District of New York and Northern District of California, the SEC, the CFTC, FINRA, the IRS, the FRB, the NY Department of Financial Services.

Christopher advises financial institutions on compliance with data privacy and cybersecurity legal mandates, and represented a blockchain investor in connection with shareholder derivative and class actions alleging securities law violations. He also advises firms regarding digital token issuances and regulatory compliance, and regularly publishes on regulatory developments in the cybersecurity, blockchain and cryptocurrency spaces.

Zack Golda is an associate in Sheppard Mullin’s Business Trial Practice Group in the Orange County, California office, where he primarily focuses on general business litigation, including regulatory challenges, breach of contract, business torts, blockchain, sports and other high-stakes business litigation matters. As a member of the firm’s Blockchain Industry Group, Zack has litigated cases involving blockchain, privacy, and regulatory issues. He has also drafted several articles about regulatory advances in the cryptocurrency space, covering topics such as decentralized autonomous organizations (DAOs), and SEC and CFTC regulation of the blockchain industry.

Zack also is a member of the California Regulatory Practice Group, where he advises clients on communicating with regulators, analyzing and responding to agency proposed rulemakings and, where necessary, litigating constitutional, statutory, and procedural challenges to newly passed regulations.

Christopher Bosch 

Zack Golda

OFAC Tornado Cash FAQs 

Announcement of Sanctions Against Tornado Cash

Complaint

In this episode of The Legit Ledger, Laura Pamatian, founder of the oldest independent advisory firm in the blockchain space to focus strictly on real estate HeightZero Real Estate, and real estate attorney Jared Wachtler, a member of Sheppard Mullin's Blockchain Team, discuss tokenized real estate and metaverse land, including the advantages of tokenization in the real estate space, high-level regulatory and legal concerns, and the concept of virtualized land in metaverses.

• Can you describe the scope of what HeightZero Real Estate does in the blockchain space?
• In addition to tokenization, what are some of the trends you're seeing related to real estate and blockchain?
• What are the advantages of tokenization in the real estate space?
• What are some noteworthy tokenization projects currently underway?
• How do you see tokenization evolving in the future?
• What are some high-level legal and regulatory issues people should be aware of?
• What is the biggest hurdle to implementation on a large scale?
• Can you explain the concept of virtual real estate in metaverses?
• Why would anyone want to buy virtual real estate?
• How is VR tech poised to change the overall real estate industry?

Laura Pamatian is the founder of the oldest independent advisory firm in the blockchain space to focus strictly on real estate.  She has 20 years of experience in the domestic and international marketing and sales of luxury resort and vertical real estate development. Specializing in investment product, she has represented numerous 5-star, globally recognized brands, including; The Ritz Carlton, Mandarin Oriental, Auberge Resorts, and Grand Hyatt.

As a key member of the growing FIBREE Miami Chapter (Foundation for International Blockchain and Real Estate Expertise - fibree.org), Laura is instrumental in branding FIBREE throughout Florida. She is also a member of GBA (Government Blockchain Association - gbaglobal.org) and the Chair of FBBA's Real Estate Committee (Florida Blockchain Business Association -  fbba.io). She works closely with thought leaders in the space to organize initiatives and events to create more public, and private sector awareness and understanding of the transformative technology blockchain brings to the real estate industry. 

Jared Wachtler is an associate in Sheppard Mullin’s Real Estate, Energy, Land Use & Environmental Practice Group in the firm’s New York office. He advises clients in varying economic situations and guides them in their needs and decisions regarding all aspects of real estate finance, development, acquisitions, sales and leasing, and land use matters. As a member of the firm's Blockchain and FinTech team, he also helps bridge the intersection between blockchain, FinTech, and Real Estate.

Jared's clients include private equity funds, investors, developers, lenders, family offices, crowdfunding vehicles, and other owners with real estate transaction needs in New York and throughout the United States. He also represents the buyers and sellers of commercial properties, including residential, retail, industrial, and office projects.

Laura Pamatian 

Jared Wachtler 

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If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.   It helps other listeners find this show.

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 with an attorney regarding your specific needs.

In this episode of The Legit Ledger, Sheppard Mullin attorneys Alex Lazar and Gabe Khoury discuss the legal issues surrounding Decentralized Autonomous Organization or DAOs, including the manner in which DAOs function, the types of legal structures popular with DAOs, and important considerations for individuals thinking about creating or joining a DAO.

What We Discussed In This Episode:

• What exactly is a DAO?
• What happens when a member of a DAO proposes a rule?
• What types of proposals can a DAO’s members make?
• What are some legal structures popular with DAOs?
• What are the advantages and disadvantages associated with these different structures?
• Is the co-op structure a good fit for a DAO?
• How can a DAO's members decide which structure is best for them?
• What practical guidance would you offer someone planning to join or create a DAO?

About Alex Lazar

Alex Lazar is a partner in the Corporate Practice Group in the firm's New York office, where he leads the firm's Emerging Company & Venture Capital Team and the Blockchain & Fintech Team. Alex advises clients on a range of matters from startup through IPO, including company formation and founder matters; seed, angel, venture capital, growth equity, and other capital raising transactions; mergers and acquisitions; technology and brand licensing; and other complex commercial transactions, including joint ventures, development, collaboration, and consulting arrangements. He also represents clients in structuring token rights and various matters involving token issuances and token and cryptocurrency trading and exchange. 

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.

Contact Information

Alex Lazar

Gabe Khoury

Resources

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify.  It helps other listeners find this show.

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 with an attorney regarding your specific needs.

In this episode, Sheppard Mullin attorneys Jim Gatto and Yasamin Parsafar continue to explore intellectual property considerations in NFT licensing, this time focusing on how IP owners can ensure their licenses are binding on the purchasers of NFTs containing their intellectual property. Topics discussed include the way IP licensing terms may be passed on to an NFT owner, what steps IP owners should take to ensure specific license provisions are enforceable, and how they can modify license terms if necessary.

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

• Is it correct to assume that IP licensing terms are passed to the NFT owner through the metadata or smart contract?
• Many NFTs are purchased through third-party platforms. Are a platform's terms of service equivalent to an NFT license agreement?
• How can IP owners work with a third-party NFT marketplace to ensure their license terms are passed on to purchasers?
• What constitutes legal acceptance of license terms by an NFT owner?
• How can an IP owner ensure all license provisions, including arbitration and waiver of class action provisions, are enforceable?
• Can IP owners modify license terms? How do they go about doing so?
• What other recommendations or tips would you offer to IP owners looking to ensure their license terms are binding on NFT owners?

Contact Information

Jim Gatto

Yasamin Parsafar

Resources

The Legit Ledger Episode 1: Intellectual Property Considerations for Licensing NFTs with Yasamin Parsafar and Jim Gatto

The Legit Ledger Episode 3: Licensing Considerations for NFT Creators and Owners with Jim Gatto and Gabe Khoury: Sheppard Mullin

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 with an attorney regarding your specific needs.

In this episode, Sheppard Mullin attorneys Yasamin Parsafar and Christopher Bosch discuss Decentralized Autonomous Organization (or DAO) liability considerations in light of Sarcuni et al v. bZx DAO, a class action lawsuit alleging negligence due to inadequate security measures resulting in the loss of more than $40 million in funds for token holders.

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.

About Christopher Bosch

Christopher Bosch is a Senior Associate with the Governmental Practice Group in Sheppard Mullin’s New York office. Christopher represents banks, broker-dealers, boards of directors, officers, and other professionals in connection with internal investigations and inquiries by government regulators, such as the Securities and Exchange Commission, Commodity Futures Trading Commission, and Department of Justice.  He advises firms regarding digital asset regulatory compliance and has represented a blockchain investor in connection with shareholder derivative and class actions alleging securities law violations. Christopher also represents organizations and individuals in connection with a wide variety of corporate litigation.

What We Discussed In This Episode:

• What is a DAO?
• How are DAOs governed?
• Can a DAO be sued?
• Why is the  bZx DAO class action important?
• Who are the plaintiffs in this case?
• Who are the defendants in this action?
• What is the theory on which plaintiffs seek to hold the defendants liable?
• Plaintiffs assert that  DAOs are general partnerships. Why is that significant?
• What are the requirements for forming a general partnership?
• What is the Doctrine Joint and Several Liability as it pertains to a general partnership?
• What advice do you have for individuals seeking to create a DAO, bring in investors, or pitch it to potential users?

Resources

DAO Liability and the bZx Class Action

Contact Information

Yasamin Parsafar

Christopher Bosch

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 with an attorney regarding your specific needs.

In this episode of The Legit Ledger, Sheppard Mullin attorneys Reid Whitten and Gabe Khoury discuss cryptocurrency sanctions, including the role of the OFAC, the consequences of engaging in an unauthorized transaction, risk mitigation strategies for avoiding unauthorized transactions, and more. 

About Reid Whitten

Reid Whitten is the Managing Partner of Sheppard Mullin's London office, where his practice focuses on international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office and is also Leader of the firm’s CFIUS Team. In the areas of economic sanctions, export and defense exports, CFIUS, anti-corruption and tariffs, Reid supports clients in detecting and addressing potential compliance issues as well as conducting investigations and defending against enforcement actions. He also advises on U.S. anti-dumping, anti-money laundering, and anti-boycott regulations. Reid is recognized as a thought leader on cross-border business regulations and serves as an Adjunct Professor of Law at the New College of the Humanities in London, the Université Catholique de Lille in France. and Wake Forest University in the U.S. He is also a member of Chatham House, the UK's Royal Institute of International Affairs.

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:

• What is the Office of Foreign Assets Control or OFAC?
• What is the SDN list? Where can it be found? What does it mean to be on the SDN list?
• Has OFAC issued any crypto-specific guidance?
• What possible consequences might a U.S. resident face for engaging in unauthorized transactions or dealing with sanctioned individuals or jurisdictions?
• What advice do you have for anyone who's engaged in an unauthorized transaction due to an honest mistake?
• Can you provide a brief background on the first-ever OFAC sanction on a virtual currency mixer?
• What is a blender, aka a virtual currency mixer?
• What exactly does it mean to be sanctioned?
• Are there any risk mitigation strategies for avoiding unauthorized transactions?
• What practical guidance do you have for individuals and entities concerned about OFAC sanctions while working in the crypto space?

Resources Mentioned:

Office of Foreign Assets Control - Sanctions Programs and Information

Specially Designated Nationals And Blocked Persons List (SDN) Human Readable Lists

"The Crypto Enthusiast and The Regulator: What OFAC is, Could Be, and Should Be Doing to Regulate CryptoCurrencies"

Contact Information:

Reid Whitten

Gabe Khoury

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 with an attorney regarding your specific needs.