Ripple Labs Isn’t Amused By SEC’s Plan To Fight The XRP Verdict

Ripple XRP Ripple Labs

Ripple Labs recently expressed disagreement over the U.S. securities regulator’s decision to push for an interlocutory appeal concerning the summary judgment. U.S. District Court Judge Analisa Torres provided this judgment on July 13. The situation demands a detailed exploration.

A Legal Standoff: The Ripple Labs Perspective 

On August 16, in a formal letter to Judge Torres of the Southern District of New York, Ripple’s legal representatives articulated their standpoint. They emphasized that the Securities and Exchange Commission (SEC) inadequately addressed some aspects of the renowned Howey test. This test pertains to Ripple’s dissemination of its cryptocurrency, XRP, which experienced a drop in value by $0.59.

Interlocutory appeals are particular appeals stemming from a trial court’s ruling, even as the rest of the case’s facets unfold. These are permitted under certain specified conditions. Ripple’s legal team maintains that the SEC should reserve any appeals until the court delivers its final judgment, furnished with a comprehensive record.

Three Pillars of Ripple’s Rebuttal 

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Ripple’s legal counsel raised three pivotal arguments to counter the SEC’s proposition:

  1. Legal Questions at the Forefront: They contended that a foundational legal query should exist for an appeal to transpire. The SEC’s appeal, in their view, doesn’t introduce any fresh legal dilemmas warranting reconsideration.
  2. Court Conflicts – A Requisite: Ripple’s representatives articulated that the SEC’s claim that the initial ruling was erroneous isn’t sufficient. To push for an appeal, the SEC must prove a distinct contradiction between two court decisions regarding the issue, a scenario not evident here.
  3. Concerns Over Litigation Progress: An immediate appeal, the lawyers caution, would potentially hinder the litigation’s natural progression.

Stuart Alderoty, Ripple‘s Chief Legal Officer, weighed in, suggesting that no “extraordinary circumstance” is present, compelling the court to diverge from standard legal processes. He stated, “There is no extraordinary circumstance here that would justify departing from the rule requiring all issues as to all parties to be resolved before an appeal.”

July 13: A Notable Day for Ripple and Ripple Labs

July 13 marked a significant moment for Ripple Labs, as they achieved a partial triumph over the SEC regarding XRP’s securities status. Judge Torres clarified that the XRP token, in isolation, is not a security. However, she added a nuance: sales of XRP tokens could be deemed securities under specific scenarios, for instance, when marketed to institutional entities, but not when traded on exchanges to the general public.

The Ripple-SEC case exemplifies the complexities and nuances of contemporary financial regulations. It underscores the importance of clear guidelines and processes in the evolving world of digital currencies. As the case unfolds, stakeholders and observers await its ramifications on the broader cryptocurrency landscape.

The ripple effect of this litigation will be closely watched by industry insiders and retail investors, emphasizing the need for clarity in the rapidly changing world of digital finance.

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