Smart Contract IP: Legal Considerations for Developers and Blockchain Businesses
Smart contracts—self-executing code that automates transactions on the blockchain—are revolutionizing how agreements are formed, executed, and enforced. However, the intersection of smart contracts and intellectual property (“IP”) law remains complex and rapidly evolving. Unlike traditional software, smart contracts often operate in decentralized environments, incorporate open-source components, and may involve contributors across multiple jurisdictions. As such, understanding how to protect and manage the IP associated with smart contracts is critical for developers, startups, and investors operating in the Web3 space. Here are key IP issues to consider when building, using, or investing in smart contract technology. Ownership and Authorship: Who Owns… [read more]
10 Legal Guardrails Every NIL Agreement Should Include
10 Legal Guardrails Every NIL Agreement Should Include As NIL (Name, Image, and Likeness) deals continue to grow in scope and visibility—particularly in collegiate athletics and influencer marketing—both individuals and organizations must approach NIL Grant of Rights agreements with clarity, precision, and legal foresight. At their core, NIL agreements are licensing contracts, and like any effective IP or commercial arrangement, they require well-defined guardrails to protect both the individual whose NIL is being licensed and the entity using it. Here’s a breakdown of 10 key provisions that every NIL agreement should address: Scope of Use Define exactly what rights are… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
Protecting Yourself From Your Service Providers
I recently have been working with a number of clients on matters and deals that went “sideways”…That is, things did not develop, unfold, or go as planned: software wasn’t developed, was defective, or wasn’t delivered in a timely manner, logos were not provided in accordance with an agreement, goods received from the manufacturer were defective, etc. Frankly, this is the type of work that keeps us busy at the firm, but is surely not the type of work that clients want to deal with, or where they want to spend their money. So, I want to touch base on how… [read more]
