
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: April 21, 2022

Counsel
212-286-0747 dbrecher@sh-law.com
What if you could run a business without people? That’s one of the central ideas behind decentralized autonomous organizations (DAOs). DAOs are internet-based entities that are governed by a community organized around a specific set of rules enforced on a blockchain. As the concept has matured, DAOs have gained traction and may even be poised to change how traditional corporations operate.
As an evolving technology, DAOs have been described in many different ways. According to the Securities and Exchange Commission, a DAO “is a term used to describe a ‘virtual’ organization embodied in computer code and executed on a distributed ledger or blockchain.” Meanwhile, the New York Times has characterized DAOs as “a kind of digital co-op that uses cryptocurrency tokens to coordinate access, make payments and vote on group decisions.”
While the descriptions may vary, most agree that DAOs have several key features. To start, they are internet-native organizations that operate using smart contracts, which are typically enforced using blockchain. These self-enforcing smart contracts establish the rules by which the DAO is governed. Another distinguishing feature is that DAOs are owned and managed by a collective of members. While all DAOs share similar structures, they are currently being used to pursue a wide range of initiatives, including investment, charity, fundraising, borrowing, or buying NFTs.
DAOs differ from traditional corporations in several key areas. Below are a few examples:
Based on the above, DAOs can have several advantages over traditional companies. From an investor’s perspective, they allow members to pool their funds, are more transparent, and are controlled by the stakeholders themselves.
DAOs are not without disadvantages. One of the most notable is that the legal structure for DAOs is still evolving. Additionally, given that the organization’s operations take place completely via blockchain technology, security flaws can cause significant concerns. Finally, while members of a DAO share the rewards, they also assume all the risks.
As Coin Telegraph explains, launching a DAO is usually a three-step process. The first step is creating the smart contract that will form the backbone of the DAO and dictate the rules by which it operates. Once the DAO is launched, the rules may only be changed in accordance with the organization’s governance system.
Once the smart contracts have been created, the DAO must decide how to raise funds and how to implement its governance structure. In most cases, the DAO sells tokens to raise funds, and token purchasers are granted voting rights. The final step is to deploy the DAO on the blockchain. Once launched, the DAO’s stakeholders determine its future. The organization’s creators generally have the same voting rights as other stakeholders.
DAOs have become more common in the past few years. While not every entrepreneur will be willing to launch a completely digital enterprise, DAOs illustrate how technology can be used to streamline the operations of all types of companies.
If you have questions or if you would like to discuss the matter further, please contact me, Dan Brecher, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!