US – Are Sales Of Nonfungible Tokens ‘Investment Contracts’ Subject To Regulation Under Federal Securities Laws?

Alexander C. Drylewski – Skadden, Skadden
alexander.drylewski@skadden.com

Alex Drylewski is co-chair of Skadden’s Web3 and Digital Assets Group. His practice focuses on high-stakes complex commercial litigation around the world, and he has represented companies and individuals across nearly every type of industry and dispute, including high-profile commercial litigation involving emerging technologies, government investigations, securities class actions, trials and appeals.

Mr. Drylewski’s representative matters include:

• obtaining numerous dismissals of securities class actions and shareholder derivative lawsuits involving alleged violations of federal securities laws;
• representing numerous clients in connection with blockchain/distributed ledger technologies and related litigation and regulatory issues;
• advising transportation network companies in connection with the ride-hail industry, including litigation challenging administrative rulemaking and regulations;
• defending UBS in a first-of-its-kind trial involving over $2 billion in claims relating to residential mortgage-backed securities;
• defending Yahoo! Inc. in post-arbitration litigation with Microsoft Corporation regarding alleged breach of contract; and
• representing numerous pro bono clients, including in connection with federal death penalty litigation, deprivation of constitutional rights, and matters relating to housing and evictions.

Mr. Drylewski was named a Rising Star by the New York Law Journal for 2020 and a Future Star by Benchmark Litigation for 2021. He also has been named to Lawdragon 500 Leading Lawyers in America. Mr. Drylewski was recognized by The American Lawyer in 2021 for representing Capital One in appellate litigation related to the taxi and ride-hail industries. Additionally, he was recognized twice in 2020 by The American Lawyer for his representations of Lyft Inc. in successfully invalidating a new “cruising cap” rule in New York City, and Maker Ecosystem Growth Foundation in litigation relating to the MakerDAO blockchain platform.

Education

• J.D., Brooklyn Law School
• B.A., Colgate University

Experience

Law Clerk, Hon. Edward R. Korman, U.S. District Court for the Eastern District of New York.

Admissions

• New York
• U.S. District Courts for the District of Columbia and the Eastern and Southern Districts of New York
• U.S. Courts of Appeals for the Second and District of Columbia Circuits