Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"[ad_1] Defense attorney James Filan shared the court order, ending 34 tumultuous months of uncertainty. In granting the SEC motion, Judge Torres stipulated, \u201cBy November 9, 2023, the parties shall jointly propose a briefing schedule with regards to remedies, or, if the parties cannot agree, shall jointly request that the Court set a briefing schedule.\u201d An SEC willingness to allow the Court to arrange the briefing schedule suggests a desire to avoid trial. The crypto community is hopeful for a settlement in the\u00a0SEC v Ripple case, which supported a four-day winning streak. The crypto community remains divided about why the SEC to dropped the charges and plans to settle the institutional sales of XRP violations. On the one side, the community sees the SEC eager to settle to avoid the Hinman speech-related documents from becoming a matter of public record. On the other, crypto advocates believe the SEC is brushing aside the remainder of the charges to expedite an appeal of the Programmatic Sales ruling. As investors monitor SEC v Ripple case-related updates, the SEC v Coinbase (COIN) continued to draw investor attention. SEC v Coinbase: SEC Attempts to Capture All in Court Filing On Tuesday, Coinbase filed a reply brief to the SEC opposition filing to the Coinbase motion to dismiss (MTD). Coinbase argues the SEC lacks the statutory power to regulate the crypto space. Coinbase Chief Legal Officer Paul Grewal had this to say, \u201cThe SEC\u2019s opp. to our motion for judgment claims roving authority over all investments, with \u2018security\u2019 and \u2018contract\u2019 in the statutes performing no limiting function at all. As our reply shows, that\u2019s never been the law, and it\u2019s not the law now.\u201d Grewal went on to say, \u201cBy arguing that any purchase in which the buyer hopes for an increase in value constitutes an investment contract \u2013 and therefore a security- the SEC is attempting a radical expansion of its own authority. Only Congress can do that as the major questions doctrine makes clear.\u201d As background, the SEC charged Coinbase with allegedly operating as an unregistered securities exchange, broker, and clearing agency. Additional charges included the unregistered offering and selling of securities in connection with its staking-as-a-service program. CryptoLaw US founder and Amicus Curiae attorney John E. Deaton responded to the comments, saying, \u201cWhen I read the SEC\u2019s opposition to Coinbase\u2019s MTD I commented that it was one of the weakest legal briefs I\u2019ve read as it was missing clear legal authority or precedent.\u201d Deaton added, \u201cAs I\u2019ve maintained from the moment this MTD was filed, Coinbase has a real shot here. I think Judge Failla could grant the motion, at least partially on the asset sales, if not the entire case. I have the odds for a Coinbase victory at the District Court level, better than 50%, and at the 2nd Circuit level, better than 60%, and at the Supreme Court level, better than 80%.\u201d Deaton concluded, \u201cGary Gensler and the SEC\u2019s days of unconstitutionally expanding Howey, are limited.\u201d If Judge Failla grants the Coinbase MTD, it would be a boon for Coinbase and the broader crypto market. Another SEC loss may also force US lawmakers to take the reins and introduce a regulatory framework that delivers clarity but fosters innovation. XRP Price Action [ad_2] Source link<\/p>\n","protected":false},"author":1,"featured_media":26204,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[45],"tags":[],"class_list":["post-28820","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-financas"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/posts\/28820","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/comments?post=28820"}],"version-history":[{"count":0,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/posts\/28820\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/media\/26204"}],"wp:attachment":[{"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/media?parent=28820"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/categories?post=28820"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tiproject.online\/index.php\/wp-json\/wp\/v2\/tags?post=28820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}