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With Virtual Currency, Does Virtually Anything Go?

By Laura Grossfield Birger

In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?

When the topic of bitcoin comes up among business lawyers, reactions typically fall into two categories. At one extreme, the response is a blank stare or a query whether bitcoin is “that fake money the kids are using these days.” At the other extreme, the mere mention of bitcoin sparks an informed acknowledgment that numerous companies are either dipping their toes into bitcoin waters or finding themselves affected by the rising prevalence of bitcoin. Recently, the bitcoin phenomenon has been rapidly gaining wider recognition and acceptance, and reactions are increasingly trending more toward the latter than the former.

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