New Discovery Conference Scheduled for SEC v. Ripple

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In Brief
  • Defense lawyer James K. Filan tweets that the new discovery conference will take place on April 30.

  • The conference follows a letter from Ripple defendants asking judge to stop SEC from approaching foreign regulators for information.

  • Filan believes court will stop SEC from using MOUs to get discovery.

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A new discovery conference is to take place between Ripple (XRP) and United States Securities and Exchange Commission (SEC) as part of their ongoing lawsuit.

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Defense lawyer James K. Filan announced on Twitter that a telephone conference is scheduled for April 30. 

Reports indicate that the conference is about the SEC’s attempts to contact and acquire documents from Ripple’s foreign regulators. These are documents that the plaintiff could use against Ripple in their lawsuit.

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In the last of the series of four Tweets, Filan states that the SEC is seeking discovery “outside the Rules of Federal Procedure and the Hague Convention.”

Filan, a former federal prosecutor, invited members of the public to listen in on the conference. He was quick to remind them, however, that recording and rebroadcasting the proceedings is strictly prohibited.

The latest developments

The conference follows a written request to U.S. Magistrate Sarah Netburn filed on April 16.

Ripple’s lawyers issued this request on behalf of Ripple’s CEO, Brad Garlinghouse, and executive chairman Chris Larsen. The letter asked the judge to stop the SEC from trying to acquire information about the defendants from their foreign regulators.

Furthermore, the letter also asserts that the SEC’s action is an intimidation tactic. One that the Ripple execs believe could affect their business relationship with the regulators. 

The lawsuit stems from the SEC’s assertion that, since 2013, Ripple Labs raised over $1 billion with the sale of XRP. The SEC alleges that the tech company violated the United States Securities Act of 1933 in doing so.

Earlier this month, the courts ruled in Ripple Labs’ favor in a dispute with British company Tetragon.

The suspected outcome

On Twitter, James Filan states it is likely that the court will support Ripple Labs. When asked for his opinion on the outcome of the conference, the lawyer shared a two-part tweet, which read:

“I think there is a decent chance the Court will order the @SEC_News  to stop using the MOU requests to get discovery and withdraw any that might be pending,” he writes.

“I also think the Court will order the @SEC_News to turn over to #Ripple everything it collected using […] the MOU process since the lawsuit was filed. Otherwise, the Court will be sending the message to the @SEC_News and everyone else that it’s okay to not follow the Court’s rules and that’s not something a court will normally do,” he concludes.

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Dale Hurst is a journalist, presenter, and novelist. Before joining the Be In Crypto team, he was an editor and senior journalist at a news, lifestyle and human-interest magazine in the UK. Cryptocurrency was one of the first subjects he specialized in when first going freelance in 2018, reviewing exchanges and analysing lawsuits.

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