The SEC has relaunched its bid to block access to Hinman emails in the Ripple case

The U.S. Securities and Exchange Commission (SEC) has asked Magistrate Judge Sarah Netburn for permission to file a 30-page opening brief and a 10-page reply brief in support of the agency’s objections to the court’s orders compelling the disclosure of drafts of the infamous Willian Hinman speech.

SEC Resists Surrendering Hinman Emails to Ripple

The SEC has repeatedly refused to turn over emails related to the 2018 speech, in which the former director said Ethereum. Initially, the SEC attempted to argue that the emails were protected by deliberate process privilege (DPP) to no avail. In May, Netburn ordered the regulatory watchdog to release drafts of the controversial speech. In early April, the court denied the agency’s motion for reconsideration of the deliberate process privilege (DPP) ruling in another blow to the SEC’s persistent efforts to keep Hinman emails under wraps.

Later, the SEC started claiming that the documents were actually shielded by the attorney-client privilege since they reflected “confidential information.” This argument was rejected earlier this month. The court determined that providing legal advice wasn’t the predominant purpose of the communications. The high-stakes legal brawl between the SEC and Ripple is expected to drag into 2023. US Congressman Brad Sherman recently said that XRP was a security, attracting criticism from Stuart Alderoty, Ripple’s general counsel.

According to James K. Filan, attorney closely following the case between Ripple and the SEC, the Parties jointly request the Court to set a deadline of July 28, 2022, by which any non-parties must move to seal portions of the Daubert Motions or else waive objections to the Court’s ultimate ruling on the Parties’ sealing applications.


Ripple defendants file their opposition to the SEC’s motion requesting an excess length brief and a reply brief in support of the SEC’s forthcoming objections to Judge Netburn’s Order compelling the SEC to release the Hinman documents. Ripple Defendants propose narrowly tailored redactions to a limited number of exhibits attached to the Motions to Exclude Expert Testimony (“Daubert Motions”) that were filed on July 12 by the Defendants and the SEC.

In connection with the SEC’s Objection to Judge Netburn’s Ruling on the Hinman Speech documents, the SEC’s motion to file a 30-page opening brief was denied (limited to 20 pages), but its request to file a 10-page reply brief was granted. The Court has entered an Order setting a deadline of July 28, 2022, by which any non-parties must move to seal portions of the Daubert Motions or waive objections to the Court’s ultimate ruling on the Parties’ sealing applications.

The SEC has filed a Motion to Seal in connection with the Motions to Exclude Expert Testimony (“Daubert Motions”) that were filed on July 12 by the Defendants and the SEC.

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