What’s next on the SEC v. Ripple agenda? – Attorney James K. Filan
The fact discovery deadline is August 31 and the Court is likely to stay busy up until the end of the month as both parties seem to be withholding relevant documents from one another.
James K. Filan, a Connecticut-based defense lawyer and former federal prosecutor who has a very active presence within the XRP Community, has shared a summary of upcoming events and outstanding items in the SEC v. Ripple lawsuit.
According to the document published on Twitter, Ripple’s response to the SEC’s Emergency Motion for a Discovery Conference regarding Slack communications, and any Motion to Seal exhibits filed with that motion is due on August 16, 2021.
The following day, August 17, the SEC will respond to Ripple’s motion for a discovery conference regarding the SEC’s improper assertion of the deliberative process privilege, and any motion to seal exhibits filed with that motion.
The fact discovery deadline is August 31 and the expert discovery deadline is October 31.
Mr. Filan added that a list of pending decisions, which regard the following:
- Whether the Court will hold a Telephone Conference to discuss the discovery disputes regarding the deliberative process privilege and the slack communications;
- The motion to intervene;
- The SEC’s motion to strike Ripple’s “lack of due process and fair notice” affirmative defense;
- The individual defendants’ motions to dismiss the SEC’s first amended complaint.
The Court has not scheduled any argument dates regarding the motion to intervene, the motions to dismiss, or the motion to strike.
The fact discovery deadline is August 31 and the Court is likely to stay busy up until the end of the month as both parties seem to be withholding relevant documents from one another.
The SEC wants to compel Ripple to hand over terabytes of Slack messages that could be critical to the agency’s case that XRP was marketed as a security.
Ripple, on the other hand, has grown frustrated with the plaintiff’s use of the privilege principle to keep most documentation unavailable to the defendants. The Court will hear the views of both parties to make a ruling on that matter.
Judge Sarah Netburn asked the defendants to write a 15-page “monster brief”, which seems it will include parts of the William Hinman deposition transcript.
Outside the Court, Ripple continues expanding its footprint in the Asia Pacific region while the uncertainty over the legal status of XRP in the United States poses a regulatory minefield for the firm. The company has just announced the enhancement of the South Korea-Thailand corridor for remittances.
In the meantime, SEC Chair Gary Gensler seems to be claiming the oversight of cryptocurrency trading in its entirety for the agency, while not showing signs of stepping away from the current “regulation through enforcement” practice. His letter to Senator Elizabeth Warren also states that the Howie test works for crypto assets.
