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Topic: Distributed ledger technologies blockchain and smart contracts

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Blockchain law: What’s at stake in ‘Proof of stake’?

December 01, 2022

Ethereum’s effectuation of the “Merge” was a technological tour-de-force with significant environmental upsides in reducing energy consumption and perhaps facilitating continued future innovation in the blockchain space. But unsettled fundamental legal questions remain.

Serving process by airdropping NFTs: The next frontier?

October 17, 2022

Critical to obtaining effective relief against a wrongdoing defendant is being able to serve process on that defendant in a manner that the forum hearing the dispute will deem sufficient, and that meets constitutional due process requirements for giving a defendant notice. Sometimes, though, this is easier said than done. This is especially so when litigating matters involving cryptocurrencies and other blockchain tokens. In such cases, the defendants being sued not infrequently operate only anonymously or pseudonymously, without ever disclosing their true names, physical addresses or even their general location—and that location might be anywhere in the world.

Blockchain law: Meta-claims from the metaverse

August 03, 2022

The explosion of activity and interest in “the metaverse” is now giving rise to disputes about that realm. Yet paradoxically these disputes have begun to take shape in the courts of our physical world.

Hermès Challenge of “MetaBirkin” NFTs to Continue

July 19, 2022

In a case that is likely to provide much awaited guidance on the application of trade mark law to non-fungible tokens (NFTs), luxury design house Hermès International and Hermès of Paris, Inc. (Hermès) is suing artist Mason Rothschild in the U.S. District Court for the Southern District of New York for trademark infringement and dilution, misappropriation of its BIRKIN trademark, cybersquatting, false designation of origin and description, and injury to business reputation.

Blockchain law: Anonymous no more: Blockchain analytics in the courts

June 07, 2022

Blockchain transactions are often said to be anonymous or at least pseudonymous—but are they really? At least for some users, part of the appeal of using cryptocurrency is the perceived anonymity it seemingly offers. But increasingly, judicial decisions and governmental enforcement activity show that this perception is mistaken.

Norton Rose Fulbright advises on global blockchain and digital assets industry association merger

June 07, 2022

Global law firm Norton Rose Fulbright advised the Global Blockchain Business Council (GBBC) on its merger with Global Digital Finance Limited (GDF), which sees the establishment of the world's largest members' association for the blockchain technology and digital assets sector.

Are NFTs a type of property under English law?

June 06, 2022

An English court has reportedly recognised a non-fungible token (NFT) as a type of property in an as yet unreported High Court decision (Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone Networks Inc Trading as Opensea) (the OpenSea case).

Norton Rose Fulbright joins Blockchain + Legal Industry Group as founding member

May 25, 2022

Norton Rose Fulbright has joined the Blockchain + Legal Industry Group, an organization aimed at promoting a better understanding of how blockchain impacts the legal technology landscape, as a founding member along with fellow legal professionals, academics and technologists.

EIOPA publishes its feedback statement on its discussion paper on blockchain and smart contracts in insurance

May 25, 2022

The European Insurance and Occupational Pension Authority (EIOPA) has published its feedback statement on its 2021 discussion paper on blockchain and smart contracts in insurance. EIOPA received a number of responses to its earlier paper and has summarised these in the statement. Stakeholders were able to identify a number of use cases for blockchain. The paper also looks at crypto-asset use cases in insurance and considers risks and benefits.

European Parliament legislative resolution for the proposed Regulation on a pilot regime for market infrastructures based on DLT

April 12, 2022

On 24 March 2022, the European Parliament published the text of a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council on a pilot regime for market infrastructures based on distributed ledger technology.