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2021 ABA-IPL IP Fall Institute

09.29.2021 | 12:30 PM - 2PM ET

Program: NFT’s and Smart Contracts

Date & Time: Wednesday, September 29 @ 12:30 pm – 2pm ET    Please log-on 45minutes prior to the start time for Technical Check

Description: Everyone is tokenizing things these days. A non-fungible token (NFT) represents ownership of a digital or physical asset which is typically created via a smart contract and recorded on a blockchain. The NFT market has exploded recently with eye-popping sales as high as $69 million for an NFT based on a piece of digital art. While NFTs present great opportunities for brands, artists, musicians, game companies and other IP owners to monetize their IP, they also present an array of potential legal issues. This panel of IP attorneys, who are highly experienced with NFTs, will examine the intersection between non-fungible tokens (NFTs) and IP. The panel will provide an introduction to NFTs, examine IP protection and licensing issues, discuss strategies for liability avoidance and identify best practices for monitoring for and addressing infringement. The panel will also highlight the significance of terms of service and other legal issues with NFTs. This panel will consider ethical issues that lawyers confront on capital markets, including communicating with the principal across the table, duty of confidentiality, truthfulness in negotiations, social media and maintaining privilege in the course of a due diligence review.

Speakers:    James G. Gatto, Partner, Sheppard Mullin, Washington, DC

Jeremy S. Goldman, Partner, Frankfurt Kurnit Klein & Selz PC, Los Angeles, CA


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