Ripple Vs SEC: XRP Lawyer Explains How Both Sides Could Win

Ashish Kumar
April 19, 2022
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US SEC Submits Appeal Brief To Challenge Ripple's XRP Sales Ruling

The U.S. Securities and Exchange Commission (SEC) Vs Ripple lawsuit is approaching its summary judgment this week. Many rumors and speculations regarding the outcome of the case have already made it to the market.

John Deaton, an attorney representing XRP token holders in the case has suggested possible scenarios where both sides can win.

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Can Ripple lose the case?

While recent developments in the long-running case have favored Ripple, Deaton said in a twitter thread that the crypto firm could still lose. Both the parties will have to agree on some indisputable facts. Admitting these facts can remove the lawsuit from being decided by a jury, he added. However, if SEC and Ripple won’t come to a common resolution over the facts then their fate will be in the jury’s hand.

The XRP attorney said that both parties will be meeting this week to decide the scheduling order of the summary judgment. Ripple was trying to move the initial briefs in mid-May. He dropped the hint that maybe initial briefs and Daubert motions will start by early June.

It’s possible that both sides win – technically and legally speaking, that is.

-John Deaton

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Dispute over fair notice

However, the Deaton asserted that the Commission can face a loss if the case will be evaluated over strict Howey analysis rather than fair notice. Meanwhile, he also pointed out that if the judge orders that Ripple is falling short over the fair notice then they can choose the way many altcoins did. Attorney especially pointed out that if the court decides that XRP is not a security then it will be applicable for the token only.

In a comment, Deaton raised a point that SEC wants to avoid the jury trial over the fair notice. On the other hand, the court has a good faith obligation to the parties and both of them can’t disagree that it doesn’t come under the dispute.

The SEC recently came under fire from XRP holders who believed the regulator had damaged their financial prospects through the case.

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Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
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Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
Ashish believes in Decentralisation and has a keen interest in evolving Blockchain technology, Cryptocurrency ecosystem, and NFTs. He aims to create awareness around the growing Crypto industry through his writings and analysis. When he is not writing, he is playing video games, watching some thriller movie, or is out for some outdoor sports. Reach me at [email protected]
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.