Jeffrey Neuburger
Partner
Jeffrey Neuburger is a partner, co-head of the Technology, Media & Telecommunications Group, a member of the Privacy & Cybersecurity Group and editor of the firm’s New Media and Technology Law blog.
Jeff’s practice focuses on technology, media and advertising-related business transactions and counseling, including the utilization of emerging technology and distribution methods in business. For example, Jeff represents clients in online strategies associated with advertising, products, services and content commercialized on the Internet through broadband channels, mobile platforms, broadcast and cable television distribution and print publishing. He also represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements.
Serving as a collaborative business partner through our clients’ biggest challenges, Jeff is part of the Firm’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team helping to shape the guidance and next steps for clients impacted by the pandemic.
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Back in 2013, the first cryptocurrency matter hit our desks. That was the beginning of the exponential growth of our digital assets practice. Recognizing the importance of the area, we launched this blog, Blockchain and the Law. In our first cluster of posts, we covered topics such as cryptocurrency taxation, blockchain and privacy, and issues … Continue Reading
Advances in blockchain distributed ledger technology have led to dramatic growth in the role of digital assets in finance. This has resulted in new applications and technological developments involving financial services and blockchain. Read the full article at Financier Worldwide.… Continue Reading
Background The issue of fraudulent crypto-related mobile apps has received much attention of late. Back in July 2022, the FBI issued a notice, warning financial institutions and investors about instances where criminals created spoofed cryptocurrency wallet apps to trick consumers and steal their cryptocurrency. There have also been reports of phishing websites that attempt to … Continue Reading
The Securities and Exchange Commission (SEC) announced today that it would hire 20 additional positions to the Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) within the Division of Enforcement, increasing the number of dedicated positions to 50. The “Crypto Unit” is tasked with protecting investors in crypto markets and from cyber-related … Continue Reading
On March 9, 2022, the President issued an Executive Order (the “E.O.”) that articulates a high-level, wide-ranging national strategy for regulating and fostering innovation in the burgeoning digital assets space. The strategy is intended to encourage innovation yet still provide adequate oversight to control systemic risks and the attendant investor, business, consumer and environmental concerns. … Continue Reading
The SEC’s push to regulate the next generation of blockchain-based applications will likely give rise to disputes and enforcement actions, particularly in the developing decentralized finance (DeFi) space. Although DeFi has the potential to enhance or replace traditional financial products by speeding execution and reducing transaction costs using blockchain technology, the SEC presumes that actors … Continue Reading
The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where “crypto, gaming and capitalism collide.” The term “metaverse,” which comes from Neal Stephenson’s 1992 science fiction novel “Snow Crash,” is generally used … Continue Reading
Except for the extensive coverage surrounding Coinbase’s IPO last week and the volatility in the price of cryptocurrencies, much of the air in the crypto space in the last few months has been taken up by the meteoric rise of non-fungible tokens (NFTs). At this point, we will assume that readers have at least a … Continue Reading
In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S. Shipping Act of 1984. The Act seeks to promote efficient ocean commerce and industry response to international shipping practices by, among … Continue Reading
The combination of smart contracts with blockchain technology has created new opportunities to conduct business, realize efficiencies and establish legally enforceable digital contracts. In this two-part video series, Proskauer’s Jeffrey Neuburger and Wai Choy share: Part 1 (Smart Contracts: Benefits & Legal Enforceability): An overview of smart contracts and their use cases, and the law … Continue Reading
On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA), issued Guidance on the essential critical infrastructure workforce needed to ensure national resilience during the COVID-19 response. CISA developed its initial list of critical infrastructure workers to help state and local officials determine which operations are essential to critical … Continue Reading
On February 19, 2020, the European Commission (Commission) released a communication entitled “A European strategy for data”. It lays out a vision for a “European data space” and a plan – through legislation, technical standards and public-private initiatives – for the EU to become a future leader in data and to create a more permissive data … Continue Reading
TradeLens – a blockchain based shipping consortium – received an important antitrust exemption last week from the Federal Maritime Commission. The exemption allows five major container line shipping companies within the TradeLens consortium to cooperate in providing data for use on the TradeLens platform. The platform was developed by IBM and Maersk GTD. Generally speaking, … Continue Reading
On January 7, 2020, the Securities and Exchange Commission (SEC)’s Office of Compliance Inspections and Examinations (OCIE) released its 2020 examination priorities. The majority of OCIE’s priorities for the coming year involved financial regulatory issues that do not directly involve cryptocurrency – for a more detailed review of those priorities, please see the Client Alert … Continue Reading
Proskauer authored an in-depth Practice Note published by Practical Law, which details best practices for the use of smart contracts on blockchains. It discusses functional and legal considerations for both standalone smart contracts and smart contracts used in conjunction with traditional written contracts (hybrid smart contracts) and explores the extent to which smart contracts can independently be legally binding. The full text … Continue Reading
We are happy to report that our recent in-depth Practice Note on Blockchain as applied to Supply Chain Management was selected to appear as the cover story for the June/July issue of Practical Law – The Journal. Read the full text here.… Continue Reading
Proskauer partners Daniel Ganitsky and Jeff Neuburger address five factors for private equity firms to consider when evaluating the critical business decision of implementing blockchain-based technology solutions for their portfolio companies: Daniel Ganitsky: Technology is causing private equity firms to deal with a whole new set of questions for their portfolio companies. The use of blockchain technology is one … Continue Reading
Proskauer authored a Practice Note published by Practical Law, which provides an overview of the use of blockchain and smart contracts in the supply chain context, including the legal issues, concerns, benefits and risks associated with its use. It includes, among other topics, information on key distinctions between public and private blockchains and important considerations regarding the use of … Continue Reading
Content owners and their attorneys have been enthusiastically anticipating the use of blockchain as a mechanism for royalty accounting, recording the chain of title of intellectual property interests, and protecting, tracking and administering IP. The enthusiasm is a little less vigorous, however, when the topic turns to the use of blockchain as a vehicle for … Continue Reading
While there has been a great deal of attention being paid lately to the use of blockchain for the issuance and investment (or speculation) in cryptocurrencies, other enterprise-based applications of blockchain continue to be deployed with increasing frequency but less fanfare. One of the more recent deployments of blockchain – viewed as a milestone in … Continue Reading
In his recent remarks at the Securities Regulation Institute, SEC Chairman Jay Clayton had some stern words for market professionals, especially lawyers, involved in initial coin offerings (ICOs). He expressed concern that lawyers in the space “can do better” in their role as gatekeepers to the securities markets, particularly in advising clients whether the “coin” … Continue Reading
2018 promises great inroads in the realm of “quantum computing.” While conventional computers use binary data or bits (i.e., 0s and 1s) to store and process information (a bit can either store a 0 or 1), a quantum computer operates based on the laws of quantum mechanics and uses quantum bits or “qubits,” which can … Continue Reading
Blockchain advocates have been awaiting the final decision by ASX Ltd, the Australian Securities Exchange, as to whether ASX will replace its existing and aged CHESS registry, settlement and clearing system with a blockchain-based system that ASX has been developing and testing for the last two years. Today, ASX announced that it will go ahead … Continue Reading
Proskauer’s Cross-Disciplinary Blockchain Group Hosts ‘Digital Assets in Business and Law’ Symposium
By Jeffrey Neuburger and Wai Choy on Posted in AML/KYC, Cryptocurrencies, DAOs, DeFi & Financial Services, Digital Assets, SEC
The Outsized Impact of Blockchain on Finance
App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App
By Jeffrey Neuburger on Posted in Cryptocurrencies, Cybersecurity, Litigation: Civil
SEC to Hire More Staff in Crypto Assets and Cyber Unit and Ratchet Up Scrutiny of Industry
President Biden Issues Executive Order Detailing National Policy Objectives for Digital Assets
By Jeffrey Neuburger and Jonathan Mollod on Posted in Digital Assets, Exchanges, Government, Regulation: Federal, SEC
Decentralized Finance: The Next Frontier of SEC Enforcement
By Wai Choy and Jeffrey Neuburger on Posted in Cryptocurrencies, Enforcement Action, Initial Coin Offerings, SEC, Securities
In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues
NFTs Are Interesting but Fractionalized Non-Fungible Tokens (F-NFTs) May Present Even More Challenging Legal Issues
By Karen J. Garnett, Jeffrey Neuburger and Frank Zarb on Posted in Digital Assets, NFTs, SEC, Securities
Another Blockchain Supply Chain Shipping Consortium Files for Federal Antitrust Exemption
By Jonathan Mollod and Jeffrey Neuburger on Posted in Antitrust, Government, Regulation: Federal, Supply Chain
Smart Contracts: Benefits, Legal Enforceability and Best Practices
By Jeffrey Neuburger and Wai Choy on Posted in Blockchain Governance, Smart Contracts
Department of Homeland Security Lists Blockchain Managers Among “Critical Services Workers” During COVID-19 Response
EU Commission’s “A European strategy for data” Includes Blockchain Shout-Out
By Jeffrey Neuburger on Posted in Blockchain Governance, EU, Privacy, Regulation: International
Supply Chain Blockchain Initiative Receives Federal Antitrust Exemption
By Jeffrey Neuburger on Posted in Antitrust, Supply Chain
Among an Array of 2020 Examination Priorities, SEC Signals Continued Interest in Cryptocurrency
By Jeffrey Neuburger on Posted in Cryptocurrencies, Digital Assets, SEC, Token Sales
Smart Contracts: Best Practices
By Jeffrey Neuburger, Kevin Milewski and Wai Choy on Posted in Enterprise Solutions, Legislation, Practice Note, Regulation: Federal, Smart Contracts
Cover Article: Practical Law – The Journal, June/July Issue | “Supply Chain Management – Implementing Blockchain Technology”
Should Your Portfolio Companies Implement Blockchain?
By Daniel I. Ganitsky and Jeffrey Neuburger on Posted in Smart Contracts, Software
Practice Note: Blockchain and Supply Chain Management
By Jonathan Mollod, Jeffrey Neuburger and Wai Choy on Posted in Enterprise Solutions, Smart Contracts, Supply Chain
Blockchain as a Content Distribution Technology: Copyright Issues Abound
By Jeffrey Neuburger on Posted in Blockchain Governance, Copyright
Supply Chain Adoption of Blockchain Continues to Gain Steam and Generates Many Legal Issues
By Jeffrey Neuburger and Tiffany Quach on Posted in Patents, Regulation: International, Smart Contracts, Supply Chain
Chairman Clayton Asks Lawyers to Knock it Off with the Unregistered Coin Offerings
By Jeffrey Neuburger and Joshua M. Newville on Posted in Regulation: Federal, SEC, Securities
Blockchain and Quantum Computing
By Jeffrey Neuburger on Posted in Bitcoin, Cybersecurity
