The Securities and Exchange Commission recently brought its first two enforcement actions against issuers of non-fungible tokens (NFTs), resulting in cease-and-desist orders, penalties and other remedies, finding that the NFTs were investment contracts and that each of the issuers had engaged in an offering of securities without registration in violation of Section 5 of the Securities Act of 1933.  These enforcement actions create legal ambiguity and risk for NFT developers regarding the marketing, transferability and royalty generating capacity of NFTs.Continue Reading SEC’s First Two NFT Enforcement Actions Cast Shadow of Ambiguity

Part I of this two-part series on technology licensing dealt with the non-financial terms of a typical microsoft samsungtechnology license agreement: subject matter, scope, territory, exclusivity, sublicensing and improvements.  This Part II of the series will deal with the most contentious aspect of any license agreement, the financial terms, which are usually negotiated last.  The reason