DraftKings, a sports activities betting and every day fantasy sports activities (DFS) firm, has reached a $10 million settlement to resolve a lawsuit over its non-fungible token (NFT) gross sales, which buyers claimed had been unregistered securities.
The case, led by Justin Dufoe, was filed in March 2023 after he allegedly misplaced $14,000 from buying and selling DraftKings NFTs. The lawsuit accused the corporate of providing these digital property as funding contracts with out correct registration beneath US legislation.
It additionally named co-founders Jason Robins and Matt Kalish, together with former finance chief Jason Park, as defendants.
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DraftKings pushed to have the lawsuit dismissed, arguing that its NFTs didn’t meet the authorized definition of securities beneath the Howey take a look at. Nonetheless, in July 2023, Decide Denise Casper dominated that the tokens could possibly be categorized as securities, permitting the case to proceed. Later, DraftKings shut down its NFT market, citing authorized considerations.
In response to the lawsuit, this choice rendered the NFTs nugatory, with the corporate allegedly providing patrons solely a fraction of their authentic investments.
Settlement discussions started following the platform’s closure, resulting in an “all-day mediation” session between each events. The settlement outlines that the $10 million fund will likely be distributed amongst affected buyers. Dufoe plans to request $50,000 for his involvement within the case, whereas attorneys might declare as much as one-third of the full quantity in authorized charges.
The authorized group behind the lawsuit considers the settlement a good end result, avoiding a prolonged and dear courtroom battle. Estimates recommend potential damages ranged from $18 million to $58 million, which means the ultimate settlement covers about 26% of the midpoint.
In the meantime, Justin Solar and the Securities and Trade Fee (SEC) have requested a 60-day pause of their authorized case. Why? Learn the total story.
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