Blog - Milgrom & Daskam

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Depositing Cryptocurrency Assets: A Cautionary Tale on Clickwrap Agreements

Earlier this year, a bankruptcy court in the Southern District of New York issued a startling ruling in the bankruptcy case of In re Celsius Network LLC, et al., Case No. 22-10964 (MG). The dispute involved cryptocurrency owners who deposited their assets (such as stablecoins, non-fungible tokens (NFTs), central bank currencies, and security tokens) into Celsius’s “Earn Accounts” that allowed Celsius to use those funds to generate yields across various “on-chain” and “off-chain” investment strategies. At the time Celsius filed bankruptcy, there were more than 600,000 Earn Account holders affected. Their assets totaled approximately $4.2 billion.

Mike Richardson May 25, 2023

Artificial Intelligence

Will Artificial Intelligence Kill All the Lawyers?

A recent article in the New York Times reminded me that more than ten years ago, lawyers were considered an endangered occupational species as our livelihoods were the most at risk from advances in artificial intelligence (AI).
Has AI been reading Shakespeare’s Henry VI, Part 2, Act IV, Scene 2 and trying to kill us?
Maybe. But I confidently predict that many of us will survive.

Charles Knight May 8, 2023

Business & Corporate Law

We Can See Your Priva…cy Policy

Just about every business client that we counsel maintains an active website. These help drive user engagement, deliver news and updates on interesting products, and drive significant new business. Depending on how the website is curated, however, that extra business may end up being for us greedy lawyers and not for our well-intentioned client.

Jared Stipelman April 24, 2023

Intellectual Property

Intellectual Property Ownership Issues and Considerations

Intellectual property ownership issues are quite common. Such ownership issues often arise when proper agreements are not in place from the very beginning of a business engagement. Without a written agreement, a third-party contractor or an individual hired to perform certain services may own intellectual property rights in any resulting work product. For this reason, it is important to have such agreements in place when engaging others to perform services on your behalf. The discussion below highlights common ownership issues and considerations for the various forms of intellectual property.

Laura Marmulstein March 27, 2023

Business & Corporate Law

Recent Crypto Enforcement Actions and the Brewing Battle Between Regulators for Jurisdiction Over Digital Assets

Readers of my last, irresistibly juicy blog post, “First-Ever Court Ruling Means Your Utility Token May Be an Unregistered Security,” know that the Securities and Exchange Commission (“SEC”) recently landed a blow against blockchain-based media company LBRY when a district court in New Hampshire held that LBRY’s native “utility token,” LBC, was an unregistered security.

Rachel Yeates March 13, 2023

Entrepreneur & Startup

Entity Selection: How QSBS Could Save You Millions in Taxes

I often work with entrepreneurs starting new ventures. While there are multiple considerations for new businesses, the first important item to address is entity formation, governance, and finance/ownership. This is the starting point to get your venture headed in the right direction.

Jonathan Milgrom March 2, 2023

Business & Corporate Law

Do Colorado Courts Still Enforce Liquidated Damages Provisions?

Do Colorado courts still enforce liquidated damages provisions? When are such provisions enforceable? As a litigator, I notice this is a frequent topic of conversation among my transactional attorney friends when they are drafting contracts with no real consensus. So, what does Colorado law say?

Amanda Milgrom February 21, 2023

Business & Corporate Law

The Importance of Morality Clauses in Contracts with Public Figures

In the age of social media and the 24-hour news cycle, opportunities for public figures to be called to the mat and canceled over their statements and behavior are plentiful. Whether looking at Kanye West, aka Ye, with his antisemitic statements on Twitter, “White Lives Matter” t-shirt at Paris Fashion Week, and a myriad of other public offenses, T.J. Holmes and Amy Robach’s affair, or Try Guys’ Ned Fulmer’s affair with an employee, when the transgressions become public, so do the calls from the public for the brands and companies they work with to cut them loose.

Madison Shaner January 30, 2023

Employment Law

U.S. Supreme Court Hears Oral Arguments on Colorado Business’s First Amendment Speech Rights

The U.S. Supreme Court heard oral arguments last month in a case challenging the Colorado Anti-Discrimination Act (CADA) in a scenario similar to the Masterpiece Cakeshop decision of 2018. 303 Creative LLC, a Colorado based graphic design service is seeking to provide wedding website design services but only for opposite-sex weddings due to the owner’s religious beliefs that preclude her from providing the same services for same-sex couples.

Jason Fisher January 17, 2023

Business & Corporate Law

First-Ever Court Ruling Means Your Utility Token May Be an Unregistered Security

Last month a federal judge in New Hampshire ruled that LBRY’s utility token was an unregistered security. Which could be bad news for you. Here’s what happened and why you should care.

Rachel Yeates January 2, 2023

Estate Planning

Should I Consider an Ethical Will?

A Last Will and Testament seems to be on most people’s radar, especially individuals with young children, individuals who have lost a loved one, or just individuals who consider themselves to be “Type A” planners. But what about an ethical will? What is an ethical will and why might you consider executing one as part of your legacy planning?

Kim Raemdonck December 19, 2022

Data Privacy

Navigating and Complying with Colorado’s New Consumer Privacy Act

On July, 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA or “the Act”) into law. With that pen stroke, Colorado joined California and Virginia as the third state to enact comprehensive consumer privacy legislation. While the law does not take effect until July 1, 2023, Colorado businesses would do well to study up on the new law to ensure compliance when it does become active.

Michael Callahan December 5, 2022