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In the wake of the implosion of cryptocurrency exchange FTX, one urgent question keeps resurfacing: Who should regulate the industry? An upcoming ruling in New York federal court could help determine the answer, along with the fates of numerous crypto investors and companies. The case hinges on whether a prominent digital token should be treated as a […]
Ripple and the U.S. Securities and Exchange Commission accused one another of stretching the law, as they argued for a ruling on whether the XRP, the world’s seventh-largest cryptocurrency, is a security. Both sides urged U.S. District Judge Analisa Torres to rule in their favor without sending the case to trial in papers filed on […]
Stuart Alderoty is giving the US Securities and Exchange Commission its toughest fight against crypto regulation in one of the industry’s most important tests, even as the FTX debacle grips the world of digital assets. Alderoty, a 63-year-old lawyer, has spent most of his career working for traditional financial players. As chief legal officer for […]
While federal litigators well know that their investigative file will be turned over to the defendant, it was quite shocking for those of us litigating on behalf of the federal government at the time to imagine that presumably privileged material could be disclosed and potentially damage our agency’s positions. *** Overall, the Ripple court’s decision […]
In its July 27 brief asking US District Court for the Southern District of New York Judge Analisa Torres to toss Netburn’s orders, the agency argues that the speech didn’t reflect SEC policy, but rather what advice his division would give the agency. Although the SEC maintains that it isn’t bound by Hinman’s speech, it […]
A Grayscale victory could open doors for other industry players that see a bitcoin ETF as a way to open crypto to more investors. The SEC has consistently rejected the proposals, citing concerns that investors would not be adequately protected from fraud or market manipulation. Another closely watched legal brawl is the SEC suit against […]
The changing of the guard at the United States Securities and Exchange Commission seems to have affected any possible pretrial settlement in the SEC’s case against Ripple. This conclusion was part of a joint discovery letter filed on Monday before Judge Analisa Torres of the U.S. District Court for the Southern District of New York. […]
According to the SEC’s complaint, Ripple; Christian Larsen, the company’s co-founder, executive chairman of its board, and former CEO; and Bradley Garlinghouse, the company’s current CEO, raised capital to finance the company’s business. The complaint alleges that Ripple raised funds, beginning in 2013, through the sale of digital assets known as XRP in an unregistered securities offering […]
In a highly-watched litigation on the cryptocurrency scene, Ripple Labs’ lawyers moved to kick a consolidated suit against the digital token outfit up from California superior to federal court. Why such a move, and what impact could the litigation have on the cryptocurrency market? To get a read, The Recorder’s Ian Lopez reached out to […]
Many experts are concerned that Ripple’s XRP asset may be labeled as a security by the SEC. Those concerns first became apparent several months ago when a securities fraud lawsuit was filed against the company. The plaintiffs claimed the firm had sold securities to investors while maintaining centralized control over the currency’s supply. Although this […]