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Lawyer: US SEC has to appeal after ruling on XRP

In the aftermath of Ripple’s victory over the United States Securities and Exchange Commission (SEC), retired securities lawyer Marc Fargel shared his skeptical insights on social media. Despite his reservations, he acknowledged that crypto enthusiasts should find solace in certain aspects of the ruling .  SEC’s secondary market trading claims  Fargel is concerned that the court’s reasoning may challenge the SEC’s claims about secondary market trading of assets, including cryptocurrencies. He argues that Howey concerns economic reality and has no rational basis for such disparate treatment.  I have no skin in the game and don’t really care. My opinion is that both sides will appeal, and the SEC has a better than even chance of getting the ruling on the “programmatic sales” reversed. — Marc Fagel (@Marc_Fagel) July 16, 2023 Consequently, he predicts investors cannot expect profits from a third party if an asset is indirectly purchased. However, t...

US Judge’s ruling on LBRY may set precedence for the SEC versus Ripple case

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On July 11, Judge Paul Barbadoro from the District Court of New Hampshire declined to rule whether the sale of LBC, the native tokens of the LBRY project, constitutes the trading of securities under United States laws. This decision may impact the ongoing Ripple case against the United States Securities and Exchange Commission (SEC), possibly setting a precedence for the presiding Judge, Analisa Torres. In this case, filed in December 2020, the regulator claims Ripple conducted an illegal offering and that XRP is an unregistered security. Impact of Judge Barbadoro’s ruling on LBC and LBRY The ruling by Judge Barbadoro does not express an opinion on whether the registration rule applies to the sale of LBC in the secondary market. The secondary market involves traders buying and selling securities, while the primary market involves the direct trading of securities by the issuing project, in this case, LBRY. You might also like: SEC revises $22m penalty against LBRY, pr...