Pro-Ripple Lawyers Provide an Update on XRP vs SEC Case: ‘We Aren’t Holding Back!’

If anybody outside of crypto asks you these days what’s the hottest topic right now in that industry, the answer would be simple: XRP.

Pro-crypto lawyers are providing updates on the latest developments in the XRP vs. SEC case. Here's a summary of their insights:

- Lawyer James K. Filan reported that the SEC has filed its opening brief in the appeal.

- Pro-crypto lawyer Jeremy Hogan shared his analysis of the initial Ripple v. SEC appeal brief.

- According to Hogan, the SEC brief challenges the previous court ruling that categorized XRP as a non-security during trades on public exchanges.

- The SEC argues that all XRP transactions should be classified as unregistered securities offerings.

- Hogan highlighted that the SEC is using Ripple’s marketing efforts to argue that investors anticipated profits from their investments in XRP.

- Previously, the SEC alleged that Ripple executives misled investors by touting XRP as an investment that could generate substantial gains.

- However, the court ruled that the SEC's claims were too vague and failed to adequately demonstrate that XRP investors were motivated by an expectation of profits from Ripple's efforts.

- The SEC's appeal now aims to overturn this decision by presenting a more refined argument.

- Hogan stated that the SEC's argument appears to be that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials.

- He noted that this argument is being made in the context of a legal standard known as the Howey Test, which determines whether an investment contract, and thus a security, exists based on several factors.

- Hogan further explained that the SEC's argument seems to be that XRP investors' anticipation of profits from Ripple's efforts can be inferred from the company's marketing materials, which is relevant to the Howey Test.

- Pro-crypto lawyer John Deaton shared his thoughts on the SEC's appeal, highlighting the agency's claim that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials.

- Deaton pointed out that the SEC's argument appears to be that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials, which is relevant to the Howey Test.

- He noted that this argument is being made in the context of a legal standard known as the Howy Test, which determines whether an investment contract, and thus a security, exists based on several factors.

- Deaton highlighted that the SEC's argument seems to be that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials.

- He further stated that the SEC's argument appears to be that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials, which is relevant to the Howey Test.

- Pro-crypto lawyer Bill Hinman's speech on digital assets is also being discussed in relation to the XRP case.

- Hinman's speech, delivered in 2018, addressed the application of federal securities laws to digital assets and included his personal views on whether Bitcoin (BTC) and Ether (ETH) met the definition of a security at the time.

- Hinman's speech is significant because it provided guidance on the SEC's approach to classifying digital assets and highlighted the agency's stance on BTC and ETH being not securities.

- However, Hinman's speech also included a disclaimer, stating that his views did not necessarily represent those of the SEC and were subject to change.

- Pro-crypto lawyer Jeremy Hogan shared his thoughts on Hinman's speech, highlighting its importance in the XRP case.

- According to Hogan, the SEC's argument in the XRP case is that XRP investors' anticipation of profits from Ripple's efforts is evident from the company's marketing materials.

- However, Hogan argues that the SEC's own Hinman speech, which addressed the application of federal securities laws to digital assets, suggests otherwise.

- Hinman's speech, delivered in 2018, included his personal views on whether BTC and ETH met the definition of a security at the time.

- In his speech, Hinman stated that, based on his assessment of the facts and circumstances at the time, he did not believe that BTC or ETH met the definition of a security under federal securities laws.

- Hogan highlights that Hinman's speech is relevant to the XRP case because it provides insight into the SEC's approach to classifying digital assets and the application of securities laws.

- Specifically, Hogan argues that Hinman's statement regarding BTC and ETH not being securities could potentially be used to support the argument that XRP, which was also trading during the period covered by Hinman's speech, should not be classified as a security either.

- Pro-crypto lawyer Bill Hinman's speech on digital assets, which addressed the application of federal securities laws to digital assets, is being discussed in relation to the XRP case.

- Hinman's speech, delivered in 2