NFT Lawyers

Non-fungible tokens (NFTs) have taken the world by storm, bridging the gap between blockchain technology and the worlds of art, entertainment, gaming, music, real estate, sports, and beyond. At FRB, our law firm is committed to helping clients navigate this fast-evolving market. With a burgeoning digital assets practice, we focus on delivering cutting-edge legal counsel to help creators structure and operate their NFT business in a compliant manner. From ensuring your NFT project meets all applicable federal and state regulations to guiding you through the complex interplay of intellectual property law, our dedicated attorneys stand ready to address every aspect of your NFT journey.

What Legal Issues Can Arise With NFTs? 

NFTs introduce new layers of complexity to existing legal frameworks. Because they rely on smart contracts built on cryptocurrency and blockchain networks, ownership, usage rights, and royalties can become complicated—particularly when creators, collectors, or marketplaces are located in different jurisdictions. Questions often arise around what an NFT is and which rights are actually transferred when an NFT is sold, how to structure licensing terms, and whether an NFT or its underlying digital asset could be subject to securities laws or money transmission regulations. Other potential issues also include standard business startup issues (but adapted for the unique culture of NFTs), data protection (especially where personal information is stored on or off the blockchain), taxation, and IP licensing and brand protection. Understanding the nuances of each potential pitfall is vital to ensuring that collectors, creators, and platforms alike remain compliant and set up for success.

How Our NFT Lawyers Can Help

Our NFT lawyers serve as strategic advisors, helping you navigate the intricacies of blockchain technology. We collaborate closely with you to identify potential risks, plan for regulatory changes, and safeguard your interests at every step of the NFT lifecycle.

Intellectual Property Protection

Whether you are a creator developing your first NFT project or a global brand expanding into digital collectibles, protecting your work is paramount. Our team at FRB assists in securing trademarks and copyrights related to your NFTs and the underlying digital assets. We also help structure licensing agreements, terms of service, or collector agreements that properly delineate the rights conveyed upon sale of an NFT, and other terms that apply to purchasers, ensuring you understand what level of control you retain.

As part of our commitment to comprehensive intellectual property enforcement, we help both NFT clients and traditional brands monitor the blockchain market for unauthorized reproductions, trademark infringements, and other potential violations. Where necessary, we take swift action, including preparing cease and desist letters, initiating enforcement actions, or pursuing further legal remedies, all to defend your IP rights.

NFT Litigation and Dispute Resolution

With NFTs becoming more mainstream, disputes can arise over creation, ownership, authenticity, licensing terms, and marketplace policies. Our attorneys have extensive experience in navigating the complexities of NFT-focused litigation, applying traditional legal principles to new questions about blockchain-based assets. We proactively address contractual disagreements, partnership disputes, intellectual property infringement, and other conflicts, drawing on both our litigation skills and deep understanding of emerging technologies.

If you or your business face an NFT-related legal challenge, FRB can represent you in mediation, arbitration, or state or federal court proceedings. We strive to resolve disputes efficiently and favorably, minimizing disruptions to your ongoing projects and protecting your reputation in the fast-moving digital assets arena.

NFT Taxation

The tax implications of NFT transactions can be complex. Depending on your jurisdiction, the creation, sale, and resale of NFTs may trigger various tax obligations. We provide strategic counsel to creators, collectors, and investors, clarifying how capital gains, income taxes, sales taxes, and international tax treaties might apply to their NFT activities. In the United States, there’s also consideration of the collectibles tax, which could impose tax rates higher than the long-term capital gains rate.

Our tax attorneys also work with you to develop proactive strategies that optimize your tax position without running afoul of reporting requirements. By creating robust documentation, we help ensure you are prepared for any scrutiny from tax authorities, thus minimizing the risk of costly disputes. We can also help clients work through tax reporting requirements that come along with bankruptcy, theft, or the worthlessness of NFT assets.

NFT Corporate Structuring

Establishing the right corporate framework is critical to running a successful NFT project. At FRB, we assist clients in determining which type of legal entity will best serve their goals—whether that’s forming an LLC, corporation, or even a decentralized autonomous organization (DAO). Our lawyers evaluate factors such as liability protection, taxation, investor requirements, and anticipated scale of operations to guide you toward the most advantageous structure.

We also help you draft and implement operating agreements, shareholder agreements, and bylaws that detail how your NFT venture will be managed. By clearly defining roles, responsibilities, and voting rights, you can ensure smoother collaboration between artists, developers, contractors, and other stakeholders. Because intellectual property often lies at the heart of NFT initiatives, we advise on establishing separate or subsidiary entities to hold IP assets, reducing exposure to risk and streamlining future licensing or expansion opportunities.

NFT projects frequently rely on outside investment or token offerings to fund development. We navigate securities laws for capital raises, such as private placements or other fundraising in the NFT context, and advise on tokenomics, equity structures, and strategic partnerships that attract investors while preserving creative control. For creators with global audiences, our attorneys address cross-border considerations, foreign entity rules, and local tax obligations to minimize liabilities. By prioritizing a solid corporate foundation from the outset, you position your NFT venture for lasting growth, even as regulations evolve. FRB’s multidisciplinary approach ensures your entity is structured in a way that fosters innovation while limiting risk.

Regulatory Advocacy and Government Relations

Compliance with federal and state laws can be daunting in a market as new and dynamic as NFTs. Our regulatory advocacy team stays up to date with legislative proposals, court decisions, and the evolving guidance from the Securities and Exchange Commission (SEC) and other agencies that shape digital asset oversight. We help clients interpret and adhere to regulations designed to curb money laundering, prevent market manipulation, and protect consumers.

Moreover, our government relations services extend beyond compliance. We actively engage with blockchain industry advocacy groups and policymakers to advocate for balanced regulatory frameworks that support entrepreneurship and innovation in the blockchain industry. Whether you need help drafting comment letters, meeting with regulators, or strategizing about the impact of legislative proposals, FRB is here to champion your interests.

Why Work With an FRB NFT Lawyer?

At FRB, our NFT lawyers combine deep technical knowledge with sharp legal acumen, offering clients a holistic approach to the challenges and opportunities presented by digital assets. We understand that NFTs aren’t just about funny monkey pictures; they represent a paradigm shift in how individuals and businesses create, share, and monetize digital ownership. Our expertise spans intellectual property law, corporate & securities laws, tax law, and more, ensuring you receive truly comprehensive counsel.

Whether you’re a startup, established brand, creator, or investor, you can trust our attorneys to deliver sophisticated solutions tailored to your unique goals. By working with FRB, you gain access to a network of forward-thinking professionals who are as passionate about the potential of NFTs and blockchain technology as you are.

Partner With a Seasoned NFT Lawyer

NFTs are changing the way we interact with digital assets, but they also raise unique and evolving legal questions. If you’re ready to explore NFTs more deeply or need guidance on specific issues, reach out to FRB today. Our seasoned NFT lawyers are here to help you stay ahead of the curve and protect your interests in this transformative space. Contact us now to learn more and get started on securing your NFT future.