Fred Rispoli Profile picture
Sep 29 5 tweets 3 min read
#XRPCommunity Thoughts on a wonderful win: 1st, although expected given the high burden @SECGov needed to carry, this win was amazing given J. Torres was making me sweat (but not @attorneyjeremy1 who called end of September!). 2nd, we have more context of J. Torres'...1/5
...judicial temperament in this case, and it does not bode well for @SECGov. The writing is on the wall, but I'm still not sure if the SEC has the literacy level to read it. J. Torres telegraphed how she will evaluate the MSJ papers and case law and it's not in SEC's favor. 2/5
3rd, J. Torres did hint that the documents sought--though relevant for DISCOVERY--may not actually be admissible for TRIAL (p4). But this is not a major concern because once they are disclosed the damage to the SEC is done. 4th, J. Torres did not have any harsh language for...3/5
...SEC like J. Netburn's "hypocrisy" zinger, but did allude to the schizophrenic nature of @secgov's position (p8). Rest assured the message was sent to SEC that its ship is sinking and it will not be getting many more offers for lifeboats. 5th, now we see how desperate the...4/5
...the SEC truly is. Does it file motion for reconsideration? Interlocutory appeal? Writ of mandamus? SEC can easily drag the email saga out another 1-3 months if it wants to. But any negative appellate ruling for SEC will damage all gov agencies in the future, not just SEC. 5/5

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More from @freddyriz

Sep 27
#XRPcommunity It was delayed, but I’ve been ½ in celebration mode and ½ in getting lawsuit against SEC ready mode, but here is my analysis on Ripple’s MSJ. TLDR is to watch @attorneyjeremy1‘s video. I will attempt to only add new analysis here (apologies for duplication). 1/22
Not what I expected, and it seems the other attys were likewise surprised. SoloMAN went right to the heart of the matter and made this as basic as possible. Normally I’m not a fan of citing case law more than 100 years old, but I get the reasoning. It will be interesting…2/22
…to see if there is solid case law that no written contract is necessary for an investment contract (what @SECgov must show). The SEC has shockingly little evidence to support its entire case. “When asked in discovery, the @secgov refused to identify a contractual basis...3/22
Read 22 tweets
Sep 16
Friends, Phase I of the trial I have been in since 9/1 ended yesterday (the most important phase)--and we won! It is highly probable/reasonably certain (inside joke for all trial lawyers) that I was just lucky given the insane procedural hurdles stacked against...1/6
...my client in this medical malpractice case. But that just goes to show that one should never give up no matter the odds. I also want to say I am eternally grateful to all of you that wished me well and/or prayed on my behalf. I will share details at a future point, but...2/6
...right after closing arguments I had an epic religious experience and immediately following that I received a call from the Court saying come back to courtroom. The jury reached a verdict after 90 min of deliberation. My client, who had been horribly damaged physically...3/6
Read 6 tweets
Jul 19
Still waiting on SEC's filing but so far...1st, J. Torres is not going to reverse her amici ruling. SEC's backhanded reconsideration motion: DENIED. 2nd, did Ripple team forget what the motion is about? Providing Mr. Doody's report to amici to participate in Daubert...1/4
...motions, yet Ripple team explicitly took no position on that (though did say it wants amici in dispositive stage). Weird. 3rd, nice job on the first 2 arguments--tell Court defendants threatened as well, and remind Court of multi-billion dollar pain inflicted on everyday...2/4
...#XRPHolders by SEC. 3rd, SEC made a "mistake" in not designating report confidential? I would have to imagine J. Torres thinking to herself, 'Just like the "mistake" you made when you first said Hinman speech was personal?.' 4th, if SEC brief accuses Ripple team of lying...3/4
Read 5 tweets
Jul 14
WOW! OMG! LFG! IOEA!

I'm now aware of 7 of Ripple's expert witnesses. It's like looking at the 1992 Dream Team (which not only won gold, but massacred every opponent on the way there). Every one was meticulously chosen to address a highly specialized area of this case and...1/6
...specifically to avoid overlap with their "teammates" to avoid Daubert challenges. The foresight of the Ripple legal team is...inspiring. Every. Single. Box. Checked. And I still don't know the other 3 (but have some good ideas). But I can't tell #XRPCommunity about any...2/6
...of these new finds. Why? Please understand as an attorney licensed in multiple states, I took oaths to follow many ethical rules and I take those seriously--even though we know other attorneys, even government lawyers (especially gov attys?), do not. With the result...3/6
Read 6 tweets
May 18
Here we go on my thoughts on the RFA motion! TLDR is that SEC has nothing--NOTHING--to defeat FN defense which will play right into SEC losing on the security issue. 1/15
@Belisarius2020 @attorneyjeremy1 @JohnEDeaton1 @XRPArmyNews1 @JayVTheGreat @JTXRP_AGWJames
There are 3 types of written discovery: RFAs, NUIs and RFPs. RFAs (requests for admission) are important because admissions become undisputed facts—and failure to answer is deemed an admission. A party uses RFAs to force the other side to take a position. 2/15
No surprise, SEC trying to have it both ways. Not answering (not stating its position) by objecting. But its objections are ridiculous. SEC doesn’t know what the terms “market participant” “digital asset” “policy” “ether” and “bitcoin” mean? Give me an effing break. 3/15
Read 15 tweets
Apr 30
Very interesting development in the Ripple case happened this past Thursday...in the civil case in Oakland. I keep telling you not to sleep on that one!
#XRP #XRPCommunity Lawyers would love to hear your thoughts...@FilanLaw @Belisarius2020 @JohnEDeaton1 @attorneyjeremy1 1/4
Wisely IMO, plaintiff's counsel is letting the SEC case play out to conserve time and money (you know, the opposite of what SEC is doing), but there was a big discovery dispute decision on 4/28. Plaintiffs want all discovery from SEC case handed to them by Ripple and Ripple...2/4
...objected bc of concerns discovery related to 3rd parties isn't for Ripple to decide. Links in last tweet, but Ripple says 28 3rd parties agreed, 15 have objected (9 of whom are current or former employees) and 4 haven't responded. Court ordered production but allowed 3rd...3/4
Read 4 tweets

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