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ARTICLE · 29 APRIL 2021

NFTs: Key U.S. Legal Considerations For An Emerging Asset Class

Jones Day
Jones Day
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NFTs, or non-fungible tokens, are an emerging digital asset class that have captured the attention of consumers and investors alike. Although the technology that makes NFTs possible has been...

United StatesFinance and Banking
An P. Doan
An P. Doan
Richard Johnson
Richard Johnson
Mark W. Rasmussen
Mark W. Rasmussen
Courtney Lyons Snyder
Courtney Lyons Snyder
Joshua B. Sterling
Joshua B. Sterling
D. Grayson Yeargin
D. Grayson Yeargin
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In Short

The Situation: Non-fungible tokens are an emerging digital asset class that present a unique set of commercial, regulatory, and other legal considerations.

The Result: The current U.S. regulatory and legal framework is slowly catching up to the developing technology. Key legal issues include how NFTs can be categorized, intellectual property rights, anti-money laundering and sanctions implications, cybersecurity concerns and state laws governing virtual currencies.

Looking Ahead: As the asset class matures, U.S. regulations and laws are catching up to the developments and increased interest in the technology—with other applicable global regulatory regimes already in place. Investors, financial services and fintech companies in this space should consider key legal issues and make careful plans for exploring potential opportunities in this space.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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