• Ripple Labs is counter-appealing core aspects of the recent ruling from Judge Torres.
• The Ripple vs. SEC legal battle is now trending towards more technicalities.

In the ongoing legal battle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC), Ripple has made a strategic announcement that has captured the attention of the crypto community. 

In a court document, Ripple informed the court of its intention to file a cross-appeal if the SEC’s request for an interim appeal is granted. Chief Legal Officer Stuart Alderoty, a prominent figure in Ripple’s legal defense, took to the X platform to confirm this significant development and encouraged the crypto community to delve into the details of Ripple’s opposition filing. 

Alderoty’s tweet highlights the importance of this countermotion and suggests that there may be valuable insights in the footnotes of the document. This move comes in response to the SEC’s recent decision to file an appeal against Ripple’s favorable court ruling.

Ripple Challenges the SEC’s Arguments

The heart of Ripple’s legal defense centers on its belief that XRP is a cryptocurrency and not a security. Ripple has consistently maintained that the XRP token serves a distinct purpose as a digital asset for cross-border payments and does not represent an investment contract. However, the SEC has argued otherwise, claiming that XRP’s sales to institutional investors should be classified as securities offerings.

Ripple’s decision to potentially cross-appeal this specific aspect of the court’s ruling demonstrates its commitment to defending its position. If the SEC is granted the appeal it is seeking, Ripple intends to challenge the determination that its XRP sales to institutional investors were indeed securities transactions.

In addition to the institutional investor sales, Ripple also stated its intention to defend against any attempts by the SEC to classify sales of XRP to On-Demand Liquidity (ODL) customers as securities. This proactive stance demonstrates Ripple’s determination to ensure that all aspects of its XRP sales are scrutinized under the lens of crypto regulation.

Ripple also intends to cross-appeal on points concerning the statutory interpretation of the word “investment contract.” This aspect of the case delves into the core definition of what constitutes a security under Federal securities laws.

Relevance of the US Legal System to the Ongoing Ripple vs. SEC Case

In the American legal system, the principle of finality is a cornerstone of the appeals process. This means that parties typically cannot appeal individual rulings or decisions issued by the court while the case is still ongoing. Instead, they must wait until the case reaches a final judgment or is otherwise concluded.

This procedural limitation is why the SEC sought permission from the court for an interim or interlocutory appeal. An interim appeal allows a party to challenge specific rulings or decisions before the entire case is resolved, provided certain criteria are met, and the court grants permission. In this case, the SEC wishes to challenge elements of the court’s decision that went in Ripple’s favor.

Consequently, Ripple’s decision to cross-appeal multiple parts of the court’s decisions if the SEC’s request for an interim appeal is granted emphasizes its comprehensive defense strategy. The company is aiming to address various aspects of the case simultaneously to ensure that its position is thoroughly defended.