DraftKings Shuts Down NFT Business Amid Legal Challenges Over Securities Classification

Jul 31, 2024

DraftKings Shuts Down NFT Business Amid Legal Challenges Over Securities Classification
DraftKings Shuts Down NFT Business Amid Legal Challenges Over Securities Classification
DraftKings Shuts Down NFT Business Amid Legal Challenges Over Securities Classification

DraftKings has decided to discontinue its non-fungible token (NFT) business, including the Reignmakers fantasy sports game and its NFT Marketplace, due to recent legal developments. This move comes after a federal court ruling on July 2, 2024, determined that DraftKings' NFTs could be classified as securities under the Securities Act and Exchange Act. The court's decision followed a class action lawsuit that argued the NFTs met the criteria for an investment contract based on the Howey test, which evaluates whether a financial instrument involves an investment of money in a common enterprise with the expectation of profit from others' efforts​.