NFT have introduced a new era of digital ownership, but they also operate in an uncertain legal framework. Without a clear plan, creators and investors face potential challenges with securities law, tax compliance, fraud risks, and contract enforcement.
The Law Offices of Andrew Dressel LLC provides proactive legal strategy for NFT issuers, marketplaces, and investors. Whether structuring an NFT business, navigating licensing deals, or handling an SEC inquiry, we help clients launch, expand, and transact with confidence—without legal uncertainty standing in the way.
If you’re involved in an NFT transaction, business dispute, or regulatory matter, book a consultation today.
NFT and Legal Issues: What Businesses, Creators, and Investors Need to Know
Regulators are paying close attention to NFT, particularly in securities law, money transmission, and fraud prevention. Market participants must stay ahead of these developments to avoid enforcement actions, financial penalties, and reputational damage.
Common issues our clients face
SEC investigations and enforcement actions
The SEC evaluates whether certain NFT qualify as securities, which could require issuers and platforms to comply with registration and reporting requirements.
AML and financial compliance
NFT platforms processing high-value transactions may need to comply with anti-money laundering (AML) and Bank Secrecy Act regulations.
Fraud and market manipulation concerns
The NFT market has seen regulatory actions targeting pump-and-dump schemes, wash trading, and misleading promotions.
Contract enforcement and smart contract risks
Poorly structured NFT agreements can lead to disputes over royalties, licensing, and ownership rights.
Regulatory and legal challenges in the NFT space will continue to evolve. Businesses that proactively approach compliance and contract structuring will be better positioned for long-term success.
Legal Services for NFT Businesses
Unclear regulations, weak contracts, and compliance failures can halt transactions, trigger enforcement actions, and put revenue at risk. Without the right framework, creators lose control of royalties, platforms face SEC scrutiny, and investors fall into expensive disputes that disrupt their businesses.
Structuring NFT transactions and business agreements
NFT transactions involve complex legal relationships that require clear, enforceable agreements. Strong contracts reduce risk, prevent disputes, and ensure that NFT businesses can operate with confidence.
We make sure your business interests are fully represented by:
- Structuring smart contracts to ensure compliance with licensing terms, royalty agreements, and resale rights
- Drafting purchase and sale agreements that protect buyers, sellers, and secondary market platforms
- Establishing business entities for NFT-focused ventures, including marketplaces, content creators, and investors
- Developing licensing and intellectual property agreements that define usage rights and revenue structures
Regulatory compliance and risk management
NFT businesses operate in a rapidly changing regulatory landscape where misclassification or noncompliance can result in enforcement actions and financial penalties.
We advise clients on:
- SEC and FinCEN compliance: Evaluating whether an NFT is classified as a security or financial instrument
- AML and money transmitter licensing requirements: Assessing whether NFT platforms must register as money services businesses
- Intellectual property protections: Securing rights for creators and businesses to prevent infringement claims
- Responding to regulatory inquiries: Managing SEC, FinCEN, or state enforcement actions to protect business operations
Regulatory compliance and risk management
NFT businesses operate in a rapidly changing regulatory landscape where misclassification or noncompliance can result in enforcement actions and financial penalties.
We advise clients on:
- SEC and FinCEN compliance: Evaluating whether an NFT is classified as a security or financial instrument
- AML and money transmitter licensing requirements: Assessing whether NFT platforms must register as money services businesses
- Intellectual property protections: Securing rights for creators and businesses to prevent infringement claims
- Responding to regulatory inquiries: Managing SEC, FinCEN, or state enforcement actions to protect business operations
NFT business sales, acquisitions, and investment structuring
NFT businesses operate in a rapidly changing regulatory landscape. However, NFT businesses that understand and integrate compliance strategies early can expand their operations without unnecessary exposure.
We advise clients on:
- Mergers and acquisitions involving NFT marketplaces, gaming assets, and intellectual property portfolios
- Legal due diligence for investors evaluating NFT startups, blockchain-based funds, and tokenized assets
- Tokenized investment structures designed to comply with securities laws, tax requirements, and investor protections
Tax and asset protection strategies for NFT
As NFT platforms grow, structuring acquisitions and investments means new layers of due diligence. Without the proper measures, businesses may face unexpected liabilities related to securities laws, financial compliance, and intellectual property rights.
We guide our clients through:
- Mergers and acquisitions involving NFT marketplaces and intellectual property portfolios
- Legal due diligence for investors evaluating NFT startups and business models
- Tokenized investment structures designed to comply with securities laws and financial regulations
Tax and asset protection strategies for NFT
As NFT platforms grow, structuring acquisitions and investments means new layers of due diligence. Without the proper measures, businesses may face unexpected liabilities related to securities laws, financial compliance, and intellectual property rights.
We guide our clients through:
- Mergers and acquisitions involving NFT marketplaces and intellectual property portfolios
- Legal due diligence for investors evaluating NFT startups and business models
- Tokenized investment structures designed to comply with securities laws and financial regulations
Why Businesses and Investors Choose The Law Offices of Andrew Dressel LLC
- Legal solutions that align with business objectives and regulatory requirements
- Deep experience in NFT, blockchain, and digital asset regulation
- Hands-on experience with SEC, FinCEN, and IRS compliance matters
- Strategies tailored to the unique needs of NFT businesses, investors, and creators
Get Legal Guidance for Your NFT Project Today
Whether structuring an NFT business, addressing compliance concerns, or negotiating an investment, we provide practical legal strategies to protect long-term interests.
Book a consultation today with The Law Offices of Andrew Dressel LLC.
The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship, nor do prior results guarantee future outcomes. Any reliance you place on such information is therefore strictly at your own risk.