Emerging Trends in the NFT Space: What attorneys need to know

Mark Rasmussen | Jones Day

Mark Rasmussen is a seasoned litigator and investigator with more than 15 years of experience representing clients in complex litigation and regulatory matters.

Since 2016, Mark has advised clients on cryptocurrencies, blockchain technology, and fintech matters, including initial coin offerings (ICOs) and token issuances, money transmitter and virtual currency regulations, and litigation. In 2018, he was appointed by Chief Judge Barbara Lynn, of the Northern District of Texas, to be the first-ever receiver in a Securities and Exchange Commission (SEC) enforcement action involving an ICO promoter. In addition, Mark is coeditor and coauthor of the book Blockchain for Business Lawyers and is a frequent speaker on legal issues related to blockchain technology.

Mark actively represents clients in bankruptcy litigation, securities and consumer class actions, antitrust matters, derivative investigations, fiduciary duty claims, merger disputes, and contract disputes. In addition, while at a prior firm, he helped win a $22 million jury verdict (plus $5 million in punitive damages) on behalf of a technology start-up company in a trade secret case that received significant publicity. Mark also has substantial experience with internal investigations and regulatory investigations involving the SEC, Commodity Futures Trading Commission (CFTC), Department of Justice (DOJ), and state securities regulators (including the Texas State Securities Board).

Mark is also committed to pro bono service. Some of his matters include obtaining asylum for a monk and green cards for abused women under the Violence Against Women Act. He also helped a Hasidic Jewish inmate challenge prison rules under the First Amendment.

Joshua Sterling | Jones Day

Josh Sterling has 20 years of experience in the derivatives and securities markets, both as lead counsel to major companies and as a senior federal financial regulator. Josh represents clients that are active in the derivatives markets with matters before the U.S. Commodity Futures Trading Commission (CFTC), the U.S. Securities and Exchange Commission (SEC), and various self-regulatory organizations, including the National Futures Association (NFA) and the Chicago Mercantile Exchange (CME).

Josh has experience assisting clients with examinations and investigations relating to their trading practices and compliance with related registration, reporting, and other rule requirements. He helps financial services, fintech, energy, and other companies with CFTC registration, regulatory advice, and advocacy in support of their business objectives. Josh has also represented major trade associations in industry reform efforts with CFTC and NFA, and he is experienced in assisting asset managers in the design, launch, and operation of commodity pools and other alternative trading vehicles.

Prior to joining Jones Day, Josh was director of CFTC’s Market Participants Division, which regulates the 3,300-plus banks, intermediaries, and asset managers registered with the agency to trade derivatives in the U.S. markets. Josh was responsible for CFTC’s examination, rulemaking, and enforcement referral programs governing those firms, and he participated in the charging and settlement of several precedent-setting matters during his tenure. In addition, Josh helped drive CFTC’s innovation initiative in the crypto asset space. He also completed a significant rulemaking agenda, concluding all open matters for his Division under the Dodd-Frank Act. For his record setting accomplishments at CFTC, Josh received the Chairman’s Award for Excellence in Management.

1. What are NFTs? | 2:00pm – 2:05pm
2. What is the NFT market in the US? | 2:05pm -2:10pm
3. Commodities law considerations | 2:10pm – 2:15pm
4. Securities law considerations | 2:15pm -2:20pm
5. IP considerations | 2:20pm – 2:30pm
6. AML and sanctions considerations | 2:30pm – 2:40pm
7. State law considerations | 2:40pm – 2:50pm
8. Cybersecurity considerations | 2:50pm – 3:00pm