Defense lawyer. Former federal prosecutor. Not legal or financial advice. Iโm not your lawyer. I won't ask you to DM me. I have no other social media accounts.
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Judge Torres, over the SECโs objection, grants I-Remitโs and TapJetsโ requests to file amicus briefs in support of Ripple.
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BREAKING: MAGISTRATE JUDGE NETBURN DENIES THE SEC'S ATTORNEY-CLIENT PRIVILEGE CLAIMS. "THE PREDOMINANT PURPOSE OF THE COMMUNICATIONS WAS NOT TO PROVIDE LEGAL ADVICE. THE DOCUMENTS MUST BE PRODUCED."
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BREAKING: In a one-word order, District Judge Torres has DENIED the SEC's Motion to File a Sur Sur-Reply in Support of its Motion to Strike.
#XRPCommunity
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This is to me the most important part of the decision. Programmatic Sales are not securities, and because a Programmatic Buyer โstood in the same shoes as a secondary market purchaser,โ secondary market sales are not investment contracts โ NOT SECURITIES.
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The SEC opposes the I-Remit and TapJets motions to file amicus briefs, claiming the proposed briefs are improper attempts to offer evidence outside the constraints of discovery restrictions, the rules of evidence and this Court's prior order.
Over 18 months and 6 court orders later, we finally have the Hinman docs (internal SEC emails and drafts of his infamous 2018 speech). While they remain confidential for now (at the SECโs insistence), I can say that it was well worth the fight to get them.
#XRPCommunity
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Ripple Defendants file Letter Notice of Supplemental Authority in further support of their fair notice defense. It's the decision of Judge Michael Wiles in the Voyager bankruptcy case where Judge Wiles rejected the SECโs โฆ
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BREAKING: The Court has denied the SEC's Motion for Reconsideration of the DPP Ruling and granted the SEC's request for clarification of that ruling.
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BREAKING: Judge Torres denies SEC's Motion to Revoke amici status and bar
@JohnEDeaton1
from further proceedings. Amici can't participate in expert challenge now but may file application to brief concerns with SEC's expert at summary judgment
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TapJets, a private jet charter company, requests to file an amicus brief in support of Ripple. TapJets accepts XRP in exchange for its services. "For TapJets, the acceptance of XRP as payment for services is vital."
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I-Remit, Inc., a global payment remittance company that uses the RippleNet software, has filed an application to file an amicus brief in support of the Ripple Defendants' Motion for Summary Judgment.
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To everyone in the community, may your holidays be full of warmth and cheer, and I wish you and your loved ones a safe, healthy and Happy New Year! Jim
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BREAKING: 1/3 Judge Netburn Orders the SEC to submit for in camera review the two documents related to the SEC's meetings with law firms and the email chain concerning discussions with a third party who received guidance from the SEC
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BREAKING: Ripple Labs, Brad Garlinghouse and Chris Larsen file Motion for Summary Judgment seeking judgment as a matter of law.
1) This week in Congress and crypto: This week marks the one-year anniversary of the White House's Executive Order on digital assets. Ironically, it is the Biden Administration's actions on crypto over the past year which will be under scrutiny in multiple hearings this week...
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The Individual Defendants have filed their Objection. "The SEC has delayed resolution of this case long enough....Nothing should further delay Ripple from moving for summary judgment and demonstrating to the Court that XRP is not a security."
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Update on timing regarding when we should see the documents ordered unsealed. According to the Courtโs 9/12/2022 Order, the parties have 21 days to file public, redacted versions of Summary Judgment documents consistent with the sealingโฆ
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Judge Torres modifies proposed calendar. Motions to exclude expert testimony must be fully briefed by August 30, 2022. Motions for summary judgment must be fully briefed by November 15, 2022.
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Judge Torres has granted the requests by Investor Choice Advocates
Network and SpendTheBits, Inc. for leave to file amicus curiae briefs in support of Ripple. Briefs must be filed by November 2, 2022.
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Judge Torres has granted motions to file Amici Briefs. By November 18, 2022, the Association, six XRP holders, Coinbase, the CCI, Valhil, Cryptillian, Veri DAO, Reaper Financial, InvestReady, NSEI and Paradigm must file their formal briefs.
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The Ripple Defendants have filed their Response to the SECโs Letter of Supplemental Authority regarding the SECโs Motion for Summary Judgment.
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Ripple files motion to compel. SEC refuses to turn over internal BTC, ETH and XRP documents Judge Netburn twice told them to turn over. Not a single document has been produced. Judge Netburn will not be pleased.
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In a Text Only Order, Judge Netburn granted the Ripple Defendantsโ Motion to Serve Two Subpoenas to authenticate videos of seven SEC officialsโ public remarks and ignored the SECโs claim that Defendants were trying to reopen fact discovery.
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Ripple Defendants request permission to serve non-party subpoenas to authenticate videos of seven SEC officialsโ public remarks in connection with previous RFAs. SEC will not consent and SEC seeks to reopen discovery.
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Ripple defendants object to SEC suggestion that the SEC will seek additional time or pages if other amici curiae submit briefs. โThis is yet another transparent attempt to further delay resolution of this case and the Court should reject it.โ
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The Court denies SECโs Motion to Seal and Orders it to file by June 14th a redacted version of the brief and exhibits, under seal, redacting information "only to the extent necessary to safeguard information sought to be filed under seal."
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BREAKING: Roslyn Layton has filed a Motion to Intervene to petition the Court for access to the Hinman Speech Documents.
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Magistrate Judge Netburn has ordered the SEC to submit its proposed redactions to the Court for in camera review no later than April 8, 2022.
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Parties file Joint Letter for one week extension, until June 13, 2023, to file public, unredacted versions of cross-motions for summary judgment and accompanying exhibits, which includes the Hinman materials.
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The SEC has filed a letter stating that it does not seek to take additional discovery at this time, but both parties reserve their rights to take discovery limited to the disgorgement issue, if necessary, after liability is decided.
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I have some thoughts on timing regarding the Hinman documents, the summary judgment motions and the outstanding sealing issues. Rather than typing out a long thread, I've written them in the attached document.
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Cryptillian Payment Systems, an online digital wallet service for retail customers and commercial retail businesses using XRP, asks to file an Amicus Brief supporting Ripple's Opposition to the SEC's Motion for SJ.
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The Defendants' request for the SEC's Internal Trading Policies is GRANTED. The Court finds that the information sought meets the low bar for relevance, including potentially with respect to the claims against the Individual Defendants.
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BREAKING. Court schedules telephone conference for July 15, 2021 at 3:00 p.m. to discuss the SECโs motion to quash the deposition of William Hinman. The Court will provide dial-in information for the public in advance of the conference.
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Folks, donโt be surprised if tomorrow Iโm posting a motion by the SEC asking for additional pages and additional time to respond to all these Amicus Briefs. Itโs coming.
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By November 9, 2023, the parties shall jointly propose a briefing schedule with regard to remedies. If the parties cannot agree on a schedule, Judge Torres will set the schedule.
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Valhil Capital, LLC has requested permission to file an Amicus Brief in support of the Rippleโs Defendantsโ Motion for Summary Judgment. The proposed brief is Exhibit A.
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Ripple and the Individual Defendants have filed their Opposition to the SEC's Motion for Partial Reconsideration and Clarification of Judge Netburn's DPP Ruling, noting that the SEC is simply seeking a "do-over."
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The SEC has filed a Motion to Extend the Time to file all partiesโ Reply Briefs until November 30, 2022 and asks the Court to Order that any additional Amicus Briefs be filed by November 11, 2022. Ripple consents. New dates in motion.
๐จBREAKING: Judge Torres grants amici status to
@JohnEDeaton1
and Movants, and Denies Motion to Intervene in
@Ripple
v.
@SECGov
ADDED to our Document Library:
โ Text of the Order from Judge Torres ๐
#XRPCommunity
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A page from the Voyager bankruptcy decision courtesy of
@iampaulgrewal
describing the current and future regulatory environment regarding cryptocurrency. Full decision is linked in the
@iampaulgrewal
tweet.
Everyone committed to the rule of law should read J. Wiles' Voyager decision. These are remarkable statements from a federal court with no skin in the game other than calling things as they are.๐งตโฌ๏ธ /www.nysb.uscourts.gov/sites/default/files/opinions/312840_1170_opinion.pdf
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The parties have begun to file, UNDER SEAL, their Replies to the Oppositions to the Motions for Summary Judgment. The public, redacted versions of the Replies are due by Monday, December 5th, but it is possible we will see them sooner.
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BREAKING: Call in information for the Conference scheduled for Tuesday, June 07, 2022, at 3:00 p.m. to discuss internal documents related to Hinman's June 14, 2018 speech has been posted. It is below.
#XRPCommunity
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1/3 Hereโs the SECโs argument, as I interpret it.
โWe arenโt saying XRP is a security per se. What we are saying is that any purchase of XRP, as a matter of economic reality, is an investment in a common enterprise with other XRP holders and with Ripple.
#XRPHolder
Affidavits make their way into the Judgeโs decision. Judge Torres writes:
โIn fact, many Programatic Buyers were entirely unaware of Rippleโs existence.โ
She cites ECF 831-1-832-26
Those are the 3500
#XRPHolder
Affidavits that we submitted. You made a difference.
Bipartisan effort by HFSC Chair
@PatrickMcHenry
and
@RitchieTorres
to ensure the term โbrokerโ is not defined in a way that creates impossible reporting requirements for industry. Love to see it.
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BREAKING: DPP Decision: Ripple's motion is GRANTED in part as to Parts A, C-F, H-K, N, and P of Entry 1 of Appendix A, and GRANTED in full as to Entry 9 of Appendix A. To the extent the SEC believes discrete portions of the notes in
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Ripple defendants have filed an objection to the SEC's request for additional time to file a motion for reconsideration of Judge Netburn's DPP ruling.
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Reaper Financial, LLC seeks leave to file an amicus brief in support of Defendant Ripple Labs, Inc.โs Motion for Summary Judgment.
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1/4 Some thoughts on the next steps in the quest for the Hinman documents. The SEC has a number of procedural cards they can play to try to further delay complying with the order to produce the Hinman documents.
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Ripple's request for extra time regarding the redacted documents was granted in a Text Only Order. The SEC is directed to produce the redacted documents for Defendants' assessment by March 30, 2022. Defendants' response is due April 4, 2022.
@attorneyjeremy1
Jeremy - This was fantastic. Thank you for everything you and Thien-Vu have done these past two years. Youโve both been amazing and selfless. Throughout the case youโve given us all a detailed, sharp and understandable view of how the law works. Iโm honored to call you a friend.
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Ripple, Chris Larsen and Brad Garlinghouse have filed a Letter in further support of their Motion to Strike the SEC's late-filed Metz Supplemental Expert Report.
#XRPCommunity
You are making a huge impact on the
#SEC_News
v.
#Ripple
case. You are being heard. The Court increased public accommodation from 500 to 4,000 people and provided an international call-in number. But please follow the Court's rules - don't be like the
@SEC_News
)!
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The SEC has filed its response to the Ripple Defendantsโ Letters regarding Supplemental Authority from the Bittner and Voyager cases.
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The Ripple Defendants have filed a letter opposing the SECโs continued efforts to seal its response to amici regarding the SECโs expert, stating that the SECโs arguments โare, on their face, about shielding the SEC from public criticism.โ
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Brad Garlinghouse files response to the SECโs opposition to Mr. Garlinghouseโs motion seeking the disclosure of notes of the November 9, 2018 meeting between former SEC Commissioner Roisman and Mr. Garlinghouse (the โEstabrook Notesโ).
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Now I lay me down to sleep, I pray to God thereโs no more briefs, but if oneโs filed before I wake, โฆ Fill in the last line and whoever gets the most likes gets 100 XRP from
@XRP_Productions
And he counts the likes!
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The Crypto Council for Innovation has requested permission to file an Amicus Brief in support of the Rippleโs Defendantsโ Brief in Opposition to the SECโs Motion for Summary Judgment. The proposed brief is Exhibit A.
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Parties request that the Court set a deadline of January 4, 2023 by which non-parties must ask to seal any portions of the Summary Judgment Materials or else waive any objections to the Court's ruling on the Parties' sealing applications.
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BREAKING: Ripple files Letter Motion to Compel the SEC to turn over notes regarding a 2018 meeting between Brad Garlinghouse and former Commissioner Roisman. The SEC refuses, claiming they are privileged.
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BREAKING: The SEC, in a heavily redacted letter alleging threats against an expert, asks Judge Torres to revoke amici status granted to XRP Holders and to bar
@JohnEDeaton1
from any further participation in the case.
#XRPCommunity
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Dr. Roslyn Layton has filed an Amended Motion to Intervene to petition the Court for access to the Hinman Speech Documents. Dr. Layton's original request suggested that the SEC had offered the Hinman Speech Documents in support of its ownโฆ
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The SEC takes no position on the motions to file amicus briefs by the Investor Choice Advocates Network and SpendTheBits, Inc., but requests that it be able to respond in its reply brief in support of the SEC's motion for summary judgment.
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BREAKING: TELEPHONE CONFERENCE SCHEDULED TO DISCUSS PENDING PRIVILEGE DISPUTE - TUESDAY, AUGUST 31, 2021 AT 12 NOON EST. CALL-IN DETAILS TO FOLLOW.
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Spend the Bits has filed its application to file an Amicus Brief. The application letter and proposed brief are below.
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Below is an updated schedule. Although it has been quiet publicly, you will see that the parties have a lot of work to do based on recent decisions on discovery disputes.
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SEC files motion for extension of time until 2/24/2022 to respond to Motion to Compel turnover of notes from the 2018 meeting between Brad Garlinghouse and Commissioner Roisman. Ripple objects, says response should be filed by 2/17/2022.