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‘It would be absurd’ for a US court to rule private NFTs as securities: Lawyer

The comments from the hosts of lawyers comes as Judge Victor Marreo said that Dapper Labs’ NBA Top Shot Moments NFT may constitute a security.

Blockchain Association’s chief legal officer says “it would be absurd” for a United States court to rule that digital assets on private blockchains are securities, following a federal judge's decision to allow a lawsuit against Dapper Labs's NBA Top Shots NFTs to play out

U.S. attorney Jake Chervinsky made the comment after federal judge Victor Marreo denied a motion to dismiss a 2021 lawsuit that accused Dapper Labs of selling nonfungible tokens (NFTs) as unregistered securities.

Chervinsky was among a host of lawyers on Twitter to reiterate that the judge’s denial of the motion does not mean a ruling has been made on the lawsuit, only that it was “facially plausible.”

“The judge didn't decide anything. He allowed the case to proceed past a motion to dismiss because the securities claims were at least ‘plausible,’ an extremely low bar and not a final ruling at all,” he explained.

“This dispute aside, it would be absurd if all valuable digital assets stored on centralized databases were securities.”

“This would turn every major video game developer, event ticketing platform, travel rewards program, etc. into a public reporting company regulated by the SEC,” he explained.

Another U.S. lawyer, Jesse Hynes, also weighed in on the motion in a Feb. 22 Twitter post, noting that motions to dismiss are “rarely ever successful” because the plaintiff only needs to plead enough evidence for the case to proceed.

“The judge ruled in the Dapper case that the plaintiff pled enough evidence that IF ALL THE ALLEGATIONS ARE TRUE, that there is a securities violation.”

“Now we go into discovery to learn what the real facts are. Once that is done Dapper will likely file for a motion for Summary Judgment,” the lawyer added.

Meanwhile, another U.S. lawyer, James Murphy — known as “MetaLawMan” — noted that the allegations that Dapper Labs issued the NBA Top Shot Moments NFT on a privately-run blockchain were a “fundamental” factor behind the court’s decision to reject the motion to dismiss.

This prompted MetaLawMan to suggest that this “could be considered a net positive” for Ripple in its own case against the U.S. Securities Exchange Commission (SEC), because XRP is issued on a public blockchain.

Related: Dapper Labs suspends Russian accounts after new EU sanctions

The class action lawsuit against Dapper Labs was filed in May 2021 by plaintiff Jeeun Friel, who claimed that Dapper Labs was selling NFTs as unregistered securities.

Judge Marreo denied the motion to dismiss the lawsuit on Feb. 22. He said that the particular scheme by which Dapper Labs offers the Moments NFT possibly creates a sufficient legal relationship between investors and themselves, which satisfies the investment contract criteria under the Howey Test.

However, it's unlikely the ultimate ruling of this case would establish a precedent for NFTs, as Judge Marreo said that not all NFTs will constitute securities and that each case will need to be assessed on a case-by-case basis.

Shortly after the dismissal, the Dapper Labs-issued FLOW token fell 6.4% from $1.24 to $1.16 in 15 minutes. However the FLOW token has since rebounded at $1.29, according to CoinGecko.

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Federal Judge Rules NBA Top Shot NFTs May Be Considered Unregistered Securities

Federal Judge Rules NBA Top Shot NFTs May Be Considered Unregistered SecuritiesA federal judge, Victor Marrero, ruled on Wednesday that the NBA Top Shot non-fungible tokens (NFTs) issued by Dapper Labs may meet the requirements to be considered an unregistered security. The case arose in 2021 when an NBA Top Shot collector sued Dapper Labs, claiming that the NBA Top Shot NFTs, known as “Moments” issued […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

NBA Extends Partnership With Meta to Bring Basketball Games to the Metaverse

NBA Extends Partnership With Meta to Bring Basketball Games to the MetaverseThe NBA has extended its current partnership with Meta to broadcast its games to the metaverse. The company announced that 52 games of the league will be available to be enjoyed using VR (virtual reality) tech, using Xtadium, a co-viewing platform. Five of these games will be presented in a more immersive way for Horizon […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Spanish Soccer League Laliga Will Certify Goal Scoring Balls Using Blockchain Tech

Spanish Soccer League Laliga Will Certify Goal Scoring Balls Using Blockchain TechLaliga, the premier Spanish soccer league, has announced the implementation of a new system that will use blockchain for tracking soccer balls that were used to score a goal. The system, which will be provided by Gol-Ball, a third-party company, will certify these balls to allow users to purchase them through official markets or raffles. […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Report: NFT Firm Candy Digital Cuts Over a Third of the Company’s Staff

Report: NFT Firm Candy Digital Cuts Over a Third of the Company’s StaffWith non-fungible token (NFT) sales a lot lower than they were at the start of the year, NFT companies and marketplaces are feeling the pain associated with the second-largest crypto winter to date. According to a report published on Monday and “multiple people familiar with the situation,” the NFT company Candy Digital is laying off […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Moonvember kicks off with sweeping staff layoffs across crypto

There are still pockets of hope, however, with some companies looking to expand despite the market conditions.

The crypto and tech industry has seen a slew of staff cuts this week against a backdrop of difficult market conditions, though on a positive note, some are bucking the trend.

Crypto companies, including crypto exchanges, venture capital firms and blockchain developers, have been forced to reduce headcount in order to stay nimble amid the bear market. Some, however, have done the opposite, opening up offices in new locations and markets. 

It comes a few weeks after multiple high-level executives, such as OpenSea’s former chief financial officer, Kraken’s co-founder Jesse Powell and Ripple Labs’ engineering director, have all made headlines for either exiting or stepping down from their roles in the space.

Stripe cuts around 1,000 staff

Patrick Collison, CEO of payments processor Stripe, said in a Nov. 3 memo that 14% of the firm’s staff — around 1,000 employees — would be laid off, citing “inflation, energy costs, higher interest rates, reduced investment budgets, and sparser startup funding” as reasons for the cuts.

Collison added it “overhired for the world we’re in,” saying Stripe was “too optimistic” about short-term e-commerce growth, underestimating the impact of a wider market downturn and that its operating costs grew too quickly.

The memo says the headcount changes will be uneven across Stripe, and it’s unclear what departments will be affected or how it will affect the crypto side of its business. The payments startup released a crypto payouts product in April for Twitter creators.

Dapper Labs cuts 22% of headcount

Flow blockchain developer Dapper Labs made the decision on Nov. 2 to cut 22% of its headcount, impacting roughly 130 employees in a memo by founder and CEO Roham Gharegozlou.

Gharegozlou said the “macroeconomic environment” and the company’s growth from 100 to over 600 employees in less than two years prevented the firm from being “as aligned, nimble, and community-driven as we need to be.”

He said Dapper Labs “streamlined and focused” its product strategy around a “more sustainable cost structure” and looked at the skills it needed for the future when deciding who to lay off.

Digital Currency Group lays off 10% of staff: Report

Web3 conglomerate and venture capital firm Digital Currency Group (DCG) let go of around 10% of its workforce, according to a Nov. 1 Bloomberg report that saw 10 employees exit the company bringing its headcount to a total of 66.

The cuts were reportedly part of a restructuring with Mark Murphy, DCG’s chief operating officer, also promoted to president, a spokesperson said DCG “made a series of internal changes” to position the company “for its next phase of growth” that included “streamlining” of departments.

Cointelegraph contacted DCG to confirm the report but did not receive a response.

Galaxy Digital reportedly eyeing 20% workforce drawdown

Galaxy Digital, the crypto firm founded by Michael Novogratz, is also looking at a potential staff cut of around 20% — as much as 75 positions — as per a Nov. 1 Bloomberg report that cited sources familiar with the matter.

The company neither confirmed nor denied the rumors, with a spokesperson only saying the firm is “considering optimal team structure and strategy.” Yahoo Finance data shows shares of Galaxy Digital are down around 76% year to date, alongside a similar drawdown in crypto prices.

Galaxy Digital was contacted by Cointelegraph to verify the report but did not receive a response.

BitMEX makes staff cuts amid strategy pivot

Crypto exchange BitMEX is also making drawdowns across its employees in conjunction with a strategy to pivot away from spot trading and custody services and instead refocus on crypto derivatives.

A BitMEX spokesperson told Cointelegraph on Nov. 1 that an earlier report citing 30% of staff would be cut was “inaccurate and too high,” but with its focus back on derivates trading, an “undesirable consequence” was that “we had to make changes to our workforce.”

Coinbase CPO quits to take a breather

The now former chief product officer for crypto exchange Coinbase, Surojit Chatterjee, in a Nov. 3 LinkedIn post revealed he had left his position at the company saying “it’s time to get off the ride and catch my breath.”

Chatterjee’s stint at Coinbase lasted three years but said he’d continue to help the company by serving as an adviser to its CEO Brian Armstrong. He said the personal break comes to spend more family time after his father was diagnosed with Alzheimer’s disease and his mother unexpectedly passed away.

An Oct. 28 Securities and Exchange Commission (SEC) filing by Coinbase says with Chatterjee’s departure its product, engineering and design teams “are being reorganized within a product group structure under which the leaders of such groups will assume responsibility for Coinbase’s product offerings.”

OKX opens in the Bahamas — plans to hire 100 locals

Meanwhile, crypto exchange OKX appears to be looking to scoop up staff and said on Nov. 3 it plans to fill 100 job openings.

Related: Fidelity to beef up crypto unit by another 25% with 100 new hires

The open positions will only be available to Bahamian local talent as OKX registered as a digital asset business in The Bahamas, forming a new subsidiary to serve as the company’s regional hub and opening an office in the archipelagic nation’s capital city Nassau.

Paxos adding 130 heads in Singapore

At least 130 new hires based in Singapore will be added over the next three years at blockchain infrastructure firm Paxos, according to a Nov. 2 Bloomberg report, after its local unit received a license to offer digital token payment services.

Paxos Co-founder Rich Teo said up to 180 might be brought in over the three years which would boost its headcount to around 200, a nine-times increase from its current team of 20 in the city-state.

In October, $4.5 trillion asset management firm Fidelity Investments told Cointelegraph it is set to hire another 100 people to bolster the firm’s growing digital assets division.

Fidelity, in a statement to Cointelegraph, said that the firm was in a “unique position” to offer exposure to the “emerging” digital asset sector — as its reasons for pushing for more talent to bolster its Digital Assets arm. 

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Open Metaverse Alliance OMA3 Launches to Develop Standards for an Interoperable Digital World

Open Metaverse Alliance OMA3 Launches to Develop Standards for an Interoperable Digital WorldThe Open Metaverse Alliance, OMA3, was launched by a group of Web3 dedicated companies in order to create standards for an interconnected metaverse. The organization, formed by companies such as Animoca Brands, Dapper Labs, The Sandbox, and Unstoppable Domains, stated its objective was to achieve a decentralized, community-led, and user ownership-oriented open metaverse. Open Metaverse […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Twitter Reveals ‘NFT Tweet Tiles’ in Order to ‘Impact’ the Social Media Experience

Twitter Reveals ‘NFT Tweet Tiles’ in Order to ‘Impact’ the Social Media ExperienceAccording to the social media company Twitter, the firm plans to launch a new feature called “NFT Tweet Tiles,” a segregated panel within a tweet that showcases non-fungible tokens (NFTs) and the marketplaces that list the specific NFT shared. The new NFT concept is expected to drop soon, in order to “impact the Tweet experience,” […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Google Launches Blockchain Node Engine, Says ‘Ethereum Will Be the First Blockchain Supported’

Google Launches Blockchain Node Engine, Says ‘Ethereum Will Be the First Blockchain Supported’After revealing Alphabet Inc.’s Google Cloud partnership with Coinbase, the multinational technology conglomerate holding company has announced the firm’s “Google Cloud Blockchain Node Engine.” While more blockchains will be supported, Google said that “Ethereum will be the first blockchain supported by Blockchain Node Engine.” Google Launches Cloud-Based Blockchain Node Engine Alphabet Inc., otherwise known as […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth

Toy Manufacturer Mattel and Cryptoys Announce Masters of the Universe NFT Collection

Toy Manufacturer Mattel and Cryptoys Announce Masters of the Universe NFT CollectionThis week, in celebration of the 40th anniversary of the Masters of the Universe (MOTU) franchise, the toy manufacturing company Mattel announced the launch of the official MOTU digital toy collection. The new collection, dropping on November 9, will feature classic MOTU characters like He-Man, Battle Cat, Tri-Klops, and Evil-Lyn. He-Man and the Masters of […]

Improving Bitcoin NFT marketplace infrastructure sets the stage for ecosystem growth