Draftkings Inc. has agreed to a settlement of $ 10 million in response to a class-action right case that claims that the sale of non-profit tokens has violated state and federal securities laws.
The lawsuit, initiated in 2023, argued that the NFTs of Draftkings should have been registered as the effects, and the absence to do this was a legal violation.
The proposed settlement is intended to compensate for persons who have purchased, detained or sold non-fungal tokens from 11 August 2021 until the date on which the judgment was entered.
In a brief support for the approval of the settlement, the claimants describe the agreement as a result of “powerful lawsuits and serious negotiation of the arm,” and urged the court to consider the “fair, reasonable and sufficient”, according to Bloomberg.
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How to classify NFTs
This legal challenge is part of a broader trend that investigates the classification of NFTs under the securities legislation.
In a related case, Dufoe v. Draftkings Inc., a federal court in Massachusetts, ruled that the plaintiffs had plausible that the non-shinper tokens of Draftkings could be considered as investment contracts under the Howey test, which determines what a safety is.
The court noted that, despite the NFTs who traded on an independently existing blockchain, all transactions took place via a marketplace that was checked by Draftkings, which meets certain criteria of the Howey test.
These developments underline the evolving legal landscape around NFTs and their classification under securities laws.
Companies that deal with the establishment and sale of NFTs are increasingly confronted with legal challenges that wonder whether these digital assets should be regulated as effects, which gives rise to a re -evaluation of business practices and compliance strategies within the fast -growing NFT market.
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