Fox reporter shares expectations regarding upcoming court decisions in the Ripple SEC case
According to Fox reporter Eleanor Terrett, expectations regarding upcoming court decisions in the Ripple SEC case. According to Terrett, two important decisions are currently pending. First, Judge Netburn’s decision as to whether Hinman’s emails and documents were in the attorney-client prerogative. Then second, Judge Torres’ decision on the SEC’s motion to seal their objections to CryptoLaw founder John Deaton’s request to submit an amicus brief with an expert witness agency member, Patrick Doody.
Ripple v. SEC: Major court decisions that may make direction of lawsuit imminent
The Fox reporter then shared the scoop that both decisions are now imminent and could be made by the end of the week. The SEC has made multiple attempts to conceal emails containing Hinman’s transcripts of speeches. The agency is currently trying to convince the judge that the documents requested by the defendants are covered by attorney-client privilege after its argument on deliberate process privilege (DPP) was rejected by the court.
The SEC was then asked to provide 10 documents to assist the court in making the decision. Judge Sarah Netburn conducted a conference call earlier this month to approve the release of the document.
an amicus brief on the agency’s expert witness Patrick Doody. @JohnEDeaton1 tells me both decisions are imminent and could be made by the end of the week.
— Eleanor Terrett (@EleanorTerrett) June 21, 2022
Fox reporters Eleanor Terrett and Charles Gasparino point out that the Ripple lawsuit could ultimately be decided by a speech given by former Securities and Exchange Commission (SEC) employee William “Bill” Hinman four years ago.
In a critique of the controversial 2018 speech, Ripple’s General Counsel, Stuart Alderoty, claimed that Ethereum’s speech, at the heart of the company’s battle with the regulator, was “disturbing” mix” crypto waters.
In a 2018 lecture, former US Securities and Exchange official Willian Hinman stated that Ethereum, the second-largest cryptocurrency by market capitalization, is not a security.
In May, CryptoLaw founder John Deaton asked the court to file an amicus brief to participate in a Daubert challenge regarding the testimony of Patrick Doody, an SEC expert witness who claimed to understand factors that cause XRP holders to buy the asset. SEC later notified the court of its objection to the licensing request of XRP holders asking for it.
Judge Torres is saying that before she lets the Defendants file the response publicly, the SEC gets chance to say if there is something in the response that should not be public and why. She wants to see what the SEC wants redacted and then rule on everything at the same time.
— James K. Filan 🇺🇸🇮🇪103k+ (beware of imposters) (@FilanLaw) June 21, 2022
According to recent updates shared by defense attorney James K. Filan, Ripple defendants have requested the public filing of their responses to the SEC’s objections to the amici movement. However, the SEC is expected to submit its proposed transactions to the defendants’ responses (outlining what needs to be sealed and what will be made public) on June 23.
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