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Description: This panel will explore the basics of NFTs, consider the key intellectual property issues developing around NFTs, how NFTs intersect with current forms of IP protection, financial aspects of NFTs, and provide practical advice for counseling clients on protecting their IP and legal solutions for their business. The panel will also inform IP practitioners on the emerging regulatory considerations for these digital assets, as well as legal and financial risks and benefits of NFTs.
Presenter Bios
Daniel Barsky is an intellectual property attorney in Holland & Knight's Miami office. Mr. Barsky regularly represents clients in intellectual property (IP), information technology (IT) and data-related licensing and transactional matters, including mergers and acquisitions (M&A), private equity transactions, joint ventures, and multilateral and multinational licensing agreements.
Mr. Barsky's clients call upon him to navigate complex transactions involving IP, IT and data assets. He assists and advises clients with navigating the complexities of transactions involving intangible assets such as patents, trademarks, copyrights, trade secrets and data, brand licensing and distribution agreements, blockchain technology such as cryptocurrency and non-fungible tokens (NFTs), software and technology licensing agreements, and transition services agreements.
Post-closing, Mr. Barsky assists clients with the maintenance and enforcement of their IP and IT portfolios with an eye towards leveraging those portfolios to drive revenue and growth. Mr. Barsky oversees, coordinates and maintains multinational trademark portfolios encompassing thousands of marks registered in more than 100 countries, including the monitoring and enforcement of the portfolios, as well as multinational, anti-counterfeiting activities.
In addition to his transactional and counseling work, Mr. Barsky maintains an active, nationwide IP and IT litigation practice and has represented clients in patent infringement, trademark infringement, anti-counterfeiting, unfair competition, copyright infringement and trade secret theft matters, as well as information technology, data privacy, cyberfraud, data breach and hacking matters, and responses thereto.
Mr. Barsky is an active force and thought leader in South Florida's entrepreneurial and startup community. He regularly represents startup and new business ventures and has helped multiple startups develop, protect, grow, monetize and enforce their IP and other business assets. His work with startups and entrepreneurs includes advising on software license agreements, user agreements, privacy policies, brand clearance, brand protection and monetization strategies, blockchain and NFT questions, and IP registration.
Outside of his law practice, Mr. Barsky helped form, and is a former board member of, Tech Lauderdale, which promotes the growth, connectivity and awareness of the thriving technology ecosystem in Greater Fort Lauderdale and throughout South Florida.
Additionally, Mr. Barsky is an adjunct professor at the University of Miami School of Law where he teaches patent litigation and the university's Startup Practicum, and is the university's faculty supervisor for the U.S. Patent and Trademark Office's (USPTO) Law School Clinic Program. In his various roles at the university, Mr. Barsky works with students and clients in the university's startup practicum to foster the development of the South Florida startup and entrepreneurial community and the professionals that are needed to serve and grow that community.
Mr. Barsky is a registered patent attorney with the USPTO and regularly prosecutes patents, trademarks and copyrights for clients.
Andrew Cummings is a litigation attorney in Holland & Knight's Orange County office where he focuses on various types of civil litigation for large companies. Mr. Cummings also has experience in state and federal courts handling matters related to business and employment as well as the Fair Credit Reporting Act (FCRA).
Mr. Cummings' recent representative matters include:
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represented a startup company and its founders in a trade secret and breach of fiduciary duty lawsuit that was resolved favorably for the client on the eve of trial
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lead attorney defending an employer against an employment class action lawsuit that was successfully resolved in the client's best interest
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represented a major credit bureau in many individual and large class action consumer finance matters involving the Fair Credit Reporting Act (FCRA)
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representation of auto finance companies regarding FCRA claims
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represented a company in a shareholder dispute and assisted in winning the case on summary judgment, and drafted the appellate brief that was affirmed by California's Second District Court of Appeal
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representation of clients in various industries in matters involving contract disputes, breach of fiduciary duties, commercial collections and a variety of other litigation matters
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represented a sports agent in dispute with former client and favorably resolved dispute over unpaid commissions
Prior to joining Holland & Knight, Mr. Cummings worked for a boutique litigation firm in Irvine, California, and for the Orange County office of a global law firm where he was part of the business litigation team.
Prior to law school, Mr. Cummings served as a sports director at the YMCA where he developed and oversaw a variety of youth sports and community outreach events.
| Practice Areas: | | Business Organizations & Contracts, Corporate & Securities, Intellectual Property Law | | Online Media Type: | | Audio | | Production Date: | | 02/02/2022 | | Level: | | Intermediate | | Category: | | Standard | | Duration: | | 1 Hours, 1 Minutes | | Online Format: | | On Demand | | Course Type: | | Public |
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| • | Daniel J. Barsky,Esq - Holland & Knight LLP | • | Andrew M. Cummings, Esq - Holland & Knight LLP |
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