As a seasoned analyst with over two decades of experience in the financial sector, I have witnessed numerous legal battles between regulators and innovative companies. The ongoing saga between Ripple Labs and the U.S. Securities and Exchange Commission (SEC) is no exception.


On Thursday, Ripple Labs declared their intention to submit a counter-appeal in their ongoing dispute with the U.S. Securities and Exchange Commission. This move is aimed at preserving their legal defenses while the SEC’s own appeal progresses through an appellate court.

Earlier this month, the Securities and Exchange Commission (SEC) lodged an appeal in their ongoing legal dispute with Ripple, a case that began when the SEC initiated legal action against them back in December 2020. In response, Ripple has also filed a counter-appeal to safeguard its concerns and arguments within this case. According to Stuart Alderoty, Ripple’s Chief Legal Officer, he did not elaborate on specific points that the company might bring up in their appeal motion when speaking with CoinDesk.

As an analyst, I ensure we exhaustively explore all possibilities in our analysis, leaving no stone unturned. This includes upholding the perspective that any investment contract must inherently contain the fundamental rights and duties akin to those in a traditional contract.

In simple terms, Judge Analisa Torres decided in July 2023 that Ripple’s systematic sales of XRP to exchanges, who then sold it to individual consumers, did not break the rules regarding federal securities. As a result of this decision, XRP is considered as not being classified as a security.

Similar to the SEC’s filing last week, Ripple’s preliminary submission serves as a notice that they will present a more detailed argument in due course. According to Alderoty, both parties are expected to complete and submit a form outlining the main points of their arguments within the upcoming weeks. However, specific details won’t be disclosed until the full briefs are filed by either party.

In simple terms, the Securities and Exchange Commission (SEC) might present their case towards the end of January. Meanwhile, Ripple is expected to submit their initial argument, which will also include their response to the SEC’s case, at a later date following this.

In simpler terms, Alderoty expressed that attentive individuals should not be misled by attempts to cause confusion, as he believes the judge made the correct decision and welcomes the appellate court’s involvement in resolving this issue, ultimately bringing the necessary clarity. However, he emphasized that a more effective solution would come from legislators passing policies rather than relying on court rulings.

In the absence of a definitive answer at this point, I’m prepared to take it to the courts, ready to keep battling, accumulate wins, and provide much-needed clarity for our industry throughout the legal proceedings.

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2024-10-10 19:13