Monday, December 5, 2022
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SEC vs Ripple: Ripple defense lawyer highlights disagreements to be addressed in ongoing lawsuit

On September 6, James K. Filan, defense lawyer and ex-federal prosecutor, revealed the next step of the Ripple lawsuit and stated there are still many disagreements that are in the process of being informed in the Ripple lawsuit.

The movements to reject expert declaration (“Daubert” challenges) were documented under seal on July 12, but questions with respect to sealing the motions and the specialist reports and deposition records remain transient.

The movement to seal segments of the opposition has been completely informed. Yet the movements to seal bits of the prohibition movement’s answers are expected by September 9, while responses should be documented by September 16.

Moreover, the decision on the SEC’s complaint regarding the fight between lawyer-client and the DPP over the documents of former SEC official William Hinman is right now pending as the matter is completely briefed.

Ripple is currently waiting for a decision from District Judge Torres. If the SEC loses privilege issues in front of Judge Torres, Filan predicts that there are chances that the SEC could attempt to document a movement for a certificate of an interlocutory appeal for the subsequent circuit, which might broaden the decision on the email issue of Hinman, longer than expected.

Filan appears to be hopeful that Judge Torres might not give this certification to the SEC. On that occasion, the SEC might try to make its way to the second circuit via a request for a Writ of Mandamus, which takes time to decide.

Filan stated, “The bottom line is that I believe we are quite far from seeing the Hinman records, although I can’t predict precisely when. I’m just saying settle in because it will require more time than you want.

The important date for movements for synopsis judgement remains September 13, while opposition to documenting this set of movements by October 18 remains. Answers are supposed to come by November 15, by which time all briefings will be finished and Judge Torres’ final decision will be expected.

Just like specialist challenge movements, there may be comparable fixing debates regarding what will be fixed or vice versa regarding the movements for synopsis judgment, so the briefings could show up under seal momentarily before Jude Torres chooses.

James K. Filan expresses that while he has no clue about when the Hinman email debate will be completely and finally settled, he is adhering to his prediction that Judge Torres will choose at the same time on specialist movements and summary judgement prior to March 31, 2022.

by replying to a Twitter user’s hint at the judge’s decision probability on the synopsis judgement without the DPP fight being settled.

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