The first point is that @SECgov appears to be entering the final Stage of Grief: Acceptance. I’m surprised it did not request an appeal on the email issue bc that was a free automatic delay—just asking and ultimately not even...1/10
…filing a brief and risking bad precedent would have bought an extra 30-60 days. But it really would have pissed off the Court so that’s probably why SEC ultimately folded on this front. As to the emails themselves? Expect them—or a reference to them—to appear in Ripple’s...2/10
...reply MSJ or even Ripple asking for permission to file a supplement to its opposition just posted today (10/20), although I lean in them being included in the Reply as it is procedurally easier even though Ripple’s MSJ doesn’t squarely address this issue. Many of you...3/10
...have speculated this is likely as well @ashleyprosper1. But what does it mean? I became very bullish on the near-guarantee of @ripple winning after this summer's disaster oral argument and the expert witness and summary judgment motions only strengthened my convictions. 4/10
But I still expect the case to go through summary judgment. Why? Well, one ‘exit ramp’ for settlement was the order these emails had to be produced (as stated by others too). But the order has passed, no reconsideration filed, no appeal filed and they've been produced. 5/10
And still no settlement. A lot has been going on behind the scenes, with a lot of politicians talking to the SEC <HAT TIP TO YOU ALL!> and FOIA requests a-flyin'. Regardless of what happens with Ripple’s possession of the emails, the #XRParmy is going to fight for them and...6/10
...there are TWO federal court orders that say they are important, not DPP and not ACP. SEC has to start looking PAST the Ripple case and literally saving its own people from civil and criminal litigation after this case. Although it's a dumpster fire for the SEC no matter...7/10
...how you slice it, actually one of the best things it can do now is take the case all the way and ‘lose’ at summary judgment to protect its argument that the case wasn’t a sham from the get-go (even though of course it was). Because keep in mind, unless the SEC ...8/10
...reaches out to @johnedeaton1 (or tries to buy protection for Hinman and Clayton) in connection with settlement against Ripple, the SEC still has to deal with HUNDREDS OF THOUSANDS of claims from the people and entities it knowingly and purposefully f***** over in filing...9/10
...this garbage case to begin with. In a poker analogy, the SEC is pot-committed with a 7, 2 hand.
Lastly, I would love to be proven gloriously wrong and a settlement is announced tomorrow. But this is what I'm thinking as of now. 10/10
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#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
#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
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
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
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
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