NYLJ “Crypto Not So Cryptic”
By Steve Kramarsky & Jack Millson
In their most recent NYLJ analysis, Stephen Kramarsky and John Millson discuss that although the 'Owen' decision is detailed and carefully reasoned, it is perhaps most notable for its relative straightforwardness. For all that hype that technologies like blockchain get as “disruptors” requiring new legal paradigms, sometimes the existing legal regime works just as well.
It is a common complaint, from inventors and lawyers alike, that the law tends to have trouble keeping up with new technologies, especially when they become widespread and assimilated in unexpected ways. It is certainly true that applying decades old statutes in new contexts can present substantial challenges. But sometimes, once the tech trappings are stripped away from the latest shiny new thing, courts find a familiar structure underneath and the applicable law becomes more clear.
This article first appeared in the New York Law Journal on January 14, 2022. Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, focuses on complex commercial and intellectual property litigation. Jack Millson is an associate at the firm.