Cryptocurrency and digital assets continue to raise the question of how to legally classify them. Are they property, security, actual currency, or some other form of tangible asset? There is no universal consensus on this issue and depending on the jurisdiction and the agreement between the parties, specific classification of these forms of assets might impact the ability to get freezing injunctions or other forms of interim relief.

Several jurisdictions have recently held that various forms of digital assets are a form of legal property, while others are still grappling with the issue of property rights. Join us in this session as our experts share several different perspectives and recent case law decisions in this growing area by discussing:

• “Person Unknown” injunctions and asset freezing orders
• Legitimate claims to exclusivity
• Assessing and verifying ownership and methods for accurately tracing NFT transactions
• Exclusive possession or control
• Accompanying rights that owners can assert in court and recognition as collateral
• Exclusion of ownership claims
• Possessory interests and intellectual property protections for the underlying asset