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DOJ NFT Insider Trading Indictment Skirts Securities Question, But Litigates Like It Is
Tacking onto the many "firsts" in the digital asset space, there was a leadoff non-fungible token (NFT) insider trading indictment from the Department of Justice, raising new possibilities about where exactly these blockchain-powered tokens fit in the current financial framework.
The question of whether an NFT is a security has come up several times, and United States of America v. Chastain in the U.S. District Court of the Southern District of New York brings the dispute back to the forefront.
But, if attorneys and businesses operating in the space were hoping that the DOJ's allegations against former OpenSea product manager Nathaniel Chastain might finally reveal whether NFTs satisfy the Howey Test, they might be disappointed.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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