Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Smart Contracts Primer for NJ Businesses

Author: Scarinci Hollenbeck, LLC

Date: April 9, 2019

Key Contacts

Back

The Use of Smart Contracts to Execute Legal Agreements is Expected to Increase Dramatically…

The use of smart contracts to execute legal agreements is expected to increase dramatically. While smart contracts can make transactions faster, cheaper, and more transparent, they are also based on a relatively new technology that remains a work in progress.

What Are Smart Contracts?

Smart contracts, also called self-executing contracts, blockchain contracts, or digital contracts, are currently based on blockchain technology. While a standard contract outlines the terms of the parties’ relationship in a written document, a smart contract enforces the relationship by securing the terms in cryptographic code. Because smart contracts exist across a decentralized, distributed blockchain network, they allow transactions to take place among unrelated, anonymous parties and in the absence of any central authority, legal system, or external enforcement mechanism.

Even though they are high-tech, smart contracts share some basic elements with traditional contracts. They reflect an agreement between two or more parties, which are usually referred to as signatories. The smart contract must also spell out the terms (although using math rather than words) that the signatories have agreed upon, including the requirements and obligations of each party, the rewards for meeting the requirements, and the penalties for non-compliance. 

What Might be the Benefits of Smart Contracts?

Although still being tested, smart contracts have the potential to revolutionize the way business is conducted. If the technology works as intended, below are several potential advantages:

  • Autonomy: Blockchain contracts may eliminate the need for a third-party intermediary, such as notaries, brokers, and other effecting agents, substituting the reliability of third-party verifiers with the reliability of secure code. This potentially allows the parties to have greater control over the transaction and tailor it to their exact needs.
  • Transparency: Because smart contracts are encrypted and stored on a secured, shared ledger, the parties can rely on the system as a check on the worthiness of reliance of the counter-party.
  • Cost-effectiveness: The elimination of intermediaries could, once the technology is wide-spread adopted, make smart contacts less expensive than their non-digital counterparts.
  • Security: If coded properly, smart contracts are extremely secure. In addition, because they are stored in a decentralized registry, they can’t be lost or physically stolen.
  • Efficiency: Eliminating the time and expense of sending documents back and forth during the execution phase, smart contracts can also be automatically enforced.

Are Smart Contracts Secure?

While smart contracts are designed to be more transparent and reliable than standard contracts, they are also built using software. Like any technology, they are susceptible to problems, like software bugs and hacking.

Last year, a user mistakenly froze approximately 514,000 ETH (purported to be valued at the time at $155 million) in Parity, a popular Ethereum wallet. The issue was traced to a Parity software bug. In another incident, a software bug allowed hackers to steal 150,000 ETH (valued at $30 million). In the 2016 DAO hack, cybercriminals got away with 3.6 million ETH, which represented 15 percent of all Ether in circulation at the time. The hack lead to a hard fork, resulting in two versions of the famous cryptocurrency.

What’s Next?

While smart contracts are currently being tested in several industries, banking and finance companies account for many of the early adopters. Last year, Bank of America Merrill Lynch, Citi, Credit Suisse, J.P. Morgan, and the Depository Trust & Clearing Corporation (DTCC) successfully traded credit default swaps using blockchain. Smart contracts are also being explored by government bodies, as well as the real estate, healthcare, and insurance industries.

While smart contracts hold a lot of promise, they won’t be replacing attorneys or legal departments anytime soon. Blockchain remains a new technology, and it will take time for businesses and regulators to catch up. The development and use of Smart Contracts requires the participation of attorneys familiar with the technology.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide for Businesses"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!