Regulatory Implications in the NFT and the Metaverse Spaces



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Credit Details
Credit Hours:
Specialty Area:
Criminal Law
Credit Type:
Original Air Date:
March 25, 2022
Accredited In:

You may be able to self apply for credits in states not listed. BHBA provides CLE accreditation as described above. 

About the Program

Following the mainstream adoption of blockchain and cryptocurrencies, two newer technologies have been quickly moving in the same direction: non-fungible tokens (“NFTs”) and the Metaverse. Along with their widespread adoption, the regulatory environment for blockchain and cryptocurrencies has evolved, but remains unsettled in many areas. Because of their relative newness, the regulatory environment for NFTs and the Metaverse is almost completely undeveloped. But that does not mean that companies and individuals operating in the space should not try to anticipate what types of regulations they are likely to face. Building on their deep experience with blockchain, cryptocurrencies, and traditional financial and technological products, this panel will: (1) provide background on NFTs and Metaverse; (2) provide their perspectives on the likely regulatory regimes for each; and (3) discuss how to mitigating risk in this uncertain environment.

Meet the Speakers
Shayne O’Reilly


Head of Licensing and Open Source Meta

Shayne O’Reilly is Director & Associate General Counsel, Head of Strategic Transactions, Licensing and Open Source at Meta where he leads a team of 25+ with global responsibility for strategic transactions, technology transactions, mergers & acquisitions, software licensing, IP licensing and transactions, open source counseling and compliance, and high risk initiatives. Shayne previously served as Associate General Counsel for IP Litigation at Meta where he managed domestic and international intellectual property litigation matters. Prior to joining Meta, Shayne worked for Kilpatrick, Townsend & Stockton LLP where his practice focused on patent litigation, client counseling, technology transactions, due diligence investigations, and post grant review work. 

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Doug Miller


Senior Trial Attorney SEC

Douglas Miller works as a Senior Trial Attorney at U.S. Securities and Exchange Commission, which is a Federal company with an estimated 4,200 employees; and founded in 2002. 

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Michael Fluhr


Counsel DLA Piper

Michael Fluhr counsels and defends companies in a wide variety of complex, commercial disputes. Michael focuses his practice on the financial sector, including the blockchain and digital asset space, where he advises and defends exchanges, issuers, NFT platforms and creators, and related companies.

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Byron J. McLain


Partner Foley & Lardner

Byron McLain is a Los Angeles-based litigator and white-collar criminal defense lawyer skilled at helping clients avoid investigations and prosecutions or discretely minimizing the negative impact when they do occur. He is a partner in the firm’s Government Enforcement Defense & Investigations, and Securities Enforcement & Litigation Practices, as well as a member of the Environmental, Social, and Corporate Governance (ESG) Team.

Byron investigates, litigates, and tries complex criminal and civil cases, including those involving government investigations. He also conducts corporate internal investigations, often successfully persuading the government not to pursue investigations of his clients. He is widely recognized for his ability to address clients’ concerns quickly and efficiently, providing concrete solutions addressing not only the legal issues involved, but also the potential impact on a client’s business. He is strongly adept at articulating complex issues in layman’s terms across industries and at humanizing corporate clients, so they are relatable as witnesses during interviews and at trial.

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This program is free for members at the Sustainer or higher level and OnDemand subscribers. Economy members pay the full rate. Join first, then login to BHBA+ to access this program.

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