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US Court Denies SEC Access to Ripple’s Legal Communications

Monday, 31/05/2021 | 10:29 GMT by Arnab Shome
  • The judge was convinced that those communications are protected under the attorney-client privilege.
US Court Denies SEC Access to Ripple’s Legal Communications
Reuters

Ripple received another favorable ruling in its legal battle against the Securities and Exchange Commission (SEC) as Judge Sarah Netburn recently denied the US financial markets regulator access to the Blockchain firm’s legal communications.

The regulator filed a motion at the beginning of this month seeking access to ‘all communications constituting, transmitting, or discussing any legal advice Ripple sought or received as to whether its offers and sales of XRP were or would be subject to federal securities laws'.

Ripple challenged the motion saying that the SEC’s requested communications are protected by the attorney-client privilege, which has not been waived. However, the SEC countered that the California-based company put its attorney advice at issue by asserting a fair notice defense and that the regulator is entitled to ‘test and rebut this defense’.

“The motion is DENIED,” the judge wrote in a memo published on Sunday.

Further, Judge Netburn elaborated that the attorney-client privilege should be ‘strictly confined within the narrowest possible limits consistent with the logic of its principle’.

Meanwhile, legal experts are considering this recent ruling extremely important for Ripple that is a standing firm in legal defense.

Small Wins for Ripple

The US financial markets regulator dragged Ripple to court last December, accusing the company of selling unregistered securities XRP and raising around $1.3 billion. This turned out to be the biggest crypto-related litigation given the size and penetration of Ripple.

Furthermore, the SEC also tried to gain access to the personal finances of Ripple CEO, Brad Garlinghouse and Executive Chairman, Chris Larsen, but failed. Earlier, Ripple received access to SEC’s internal communications to see if the regulator previously saw XRP similar to Bitcoin and Ether, neither of which are facing any legal troubles in the US.

Despite the high-profile lawsuit, the blockchain company is optimistic, and the executives are planning to take Ripple public after its settlement with the SEC.

Ripple received another favorable ruling in its legal battle against the Securities and Exchange Commission (SEC) as Judge Sarah Netburn recently denied the US financial markets regulator access to the Blockchain firm’s legal communications.

The regulator filed a motion at the beginning of this month seeking access to ‘all communications constituting, transmitting, or discussing any legal advice Ripple sought or received as to whether its offers and sales of XRP were or would be subject to federal securities laws'.

Ripple challenged the motion saying that the SEC’s requested communications are protected by the attorney-client privilege, which has not been waived. However, the SEC countered that the California-based company put its attorney advice at issue by asserting a fair notice defense and that the regulator is entitled to ‘test and rebut this defense’.

“The motion is DENIED,” the judge wrote in a memo published on Sunday.

Further, Judge Netburn elaborated that the attorney-client privilege should be ‘strictly confined within the narrowest possible limits consistent with the logic of its principle’.

Meanwhile, legal experts are considering this recent ruling extremely important for Ripple that is a standing firm in legal defense.

Small Wins for Ripple

The US financial markets regulator dragged Ripple to court last December, accusing the company of selling unregistered securities XRP and raising around $1.3 billion. This turned out to be the biggest crypto-related litigation given the size and penetration of Ripple.

Furthermore, the SEC also tried to gain access to the personal finances of Ripple CEO, Brad Garlinghouse and Executive Chairman, Chris Larsen, but failed. Earlier, Ripple received access to SEC’s internal communications to see if the regulator previously saw XRP similar to Bitcoin and Ether, neither of which are facing any legal troubles in the US.

Despite the high-profile lawsuit, the blockchain company is optimistic, and the executives are planning to take Ripple public after its settlement with the SEC.

About the Author: Arnab Shome
Arnab Shome
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Arnab Shome is an electronics engineer-turned-financial editor. He holds a Bachelor of Technology from the National Institute of Technology, Agartala. He entered the retail trading industry about a decade ago, covering the cryptocurrency market for Finance Magnates, and later expanded his coverage to include forex and CFDs as well. His work at Finance Magnates includes C-level interviews, data-driven analysis, opinion pieces, and scoops of industry exclusives. He also contributes to Finance Magnates’ quarterly industry report. Area of coverage: 1. CFD broker-related news 2. Industry-related Regulatory updates and developments 3. New retail trading trends 4. Prop trading industry updates 5. Executive interviews Education: Bachelor of Technology - National Institute of Technology, Agartala (India)

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