The Ripple v. SEC Case So Far: What You Need to Know

District Judge Analisa Torres has dismissed the Securities and Exchange Commission’s (SEC) request to certify an interlocutory appeal aimed at overturning its recent and widely publicized courtroom loss against San Francisco-based blockchain tech company Ripple Labs.

While this is a major win for Ripple, the SEC has not lost its ability to appeal. Instead, the regulatory agency will need to wait until after the trial concludes and a final judgment is issued to pursue its appeal on all relevant issues at once.

Ripple Scores Another Win

The US District Court for the Southern District of New York has denied SEC’s motion in the latest order on several grounds.

The judge emphasized that the issues at hand are not pure questions of law but involve complex factual and economic analyses. The order pointed out that the court had carefully examined the totality of circumstances surrounding the different transactions and schemes involving the sale and distribution of XRP.

The subsequent conclusions by the court were based on an extensive factual record and detailed expert reports, making these questions unsuitable for interlocutory appeal.

The judge noted that the SEC did not present conflicting authority on the issues or demonstrate that there was substantial ground for a difference of opinion. While the SEC cited another recent case to argue such a difference of opinion, the judge found that the cited case did not conflict with the Court’s reasoning, and the SEC’s arguments did not hold.

Lastly, the judge highlighted that allowing an interlocutory appeal, in this case, would likely prolong the litigation by subjecting it to multiple rounds of appellate review, ultimately delaying the resolution of the matter. Instead, the court believed the case should proceed to judgment, permitting a single round of appellate review on a complete record.

The decision to reject the SEC’s motion for interlocutory appeal means that the litigation between the SEC and Ripple Labs will continue as scheduled, with the trial set to begin on April 23, 2024.

This development underscores the complexity of legal disputes in the crypto space, where issues related to the classification of digital assets as securities and the application of existing securities laws are still being explored in courts.

The outcome of this case will likely have significant implications for the regulatory framework surrounding digital assets in the United States.

SEC Can Still Appeal But…

The ruling does not mean that the SEC has “lost its appeal” in the sense of being permanently barred from appealing. What it means is that the SEC’s request for an interlocutory appeal on specific issues has been denied.

don’t get too excited about the denial of SEC’s interlocutory appeal in Ripple…it doesn’t mean the SEC “lost its appeal”…it means that if the SEC wants to appeal it has to appeal everything at once after the trial…

still, some useful clarifications of Torres’ opinion

— _gabrielShapir0 (@lex_node) October 3, 2023

Interlocutory appeals are sought before a final judgment in a case, and they are typically granted only in exceptional circumstances when certain legal criteria are met. In this case, the judge determined that the SEC’s request for interlocutory appeal did not meet those criteria.

The SEC still has the option to appeal the case after the trial reaches a conclusion and a final judgment is issued. In such a scenario, the commission can raise any legal issues, arguments, or claims it believes are relevant to the case. This allows both parties – Ripple and the SEC – to present their arguments and evidence in a higher court for review if they are dissatisfied with the outcome of the trial.