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Evan Rothstein Named to The National Law Journal's 2023 ‘Intellectual Property Trailblazers’ List

July 6, 2023

The National Law Journal (NLJ) named Arnold & Porter partner Evan Rothstein as one of its 2023 “Intellectual Property Trailblazers.”

Rothstein was recognized for leading a team to the recent win for Sotheby's Inc., against claims made by an anonymous plaintiff, Free Holdings Inc., alleging that it was the owner of the world's first non-fungible token (NFT). The NFT, created by digital artist Kevin McCoy in 2014 and associated with his digital artwork Quantum, sold through Sotheby's in 2021 for US$1.47 million.

As a result of “this ruling and the ruling of a few others, the law around the novel technologies is starting to take shape as courts grapple with applying tried and true principles to fast-moving technology. The early indications are that, as with anything over the course of time in the U.S., established principles of law can be instructive to new technologies by the careful application of capable jurists,” Rothstein told the publication.

“Far from the ‘wild west’ as some prognosticators predicted, the decisions surrounding block chain and NFTs are rooted in decades of legal principles. This has resulted in consistent and somewhat predictable results,” he said.

Rothstein is a trusted advisor to multinational companies. He maintains a robust commercial trial practice with a specific emphasis on intellectual property in addition to guiding companies on the development, protection, and enforcement of intellectual property assets.