SEC urges court to grant Ripple Labs appeal citing ‘knotty legal problems’

The U.S. Securities and Exchange Commission has submitted a filing urging the court to grant its motion to appeal a ruling from the Ripple Labs lawsuit that deemed that XRP was not a security when sold to retail investors. The agency argued that there are “knotty legal problems” surrounding the court’s application of the law — specifically the Howey Test — that warrant a review. #XRPCommunity #SECGov v. #Ripple #XRP BREAKING: The SEC has filed its Reply Memorandum in Further Support of its Motion to Certify Interlocutory Appeal.https://t.co/KE1MzYKbVD — James…

U.S. SEC Counters Ripple in Ongoing Effort to Appeal Groundbreaking XRP Ruling

Judge Torres ruled in July that Ripple violated federal securities law in how it sold XRP to institutional investors, but that it had not done so with retail investors. Another judge in the same court, Judge Jed Rakoff, disagreed with the judgment when he ruled on a different case, also brought by the SEC. The regulator pointed to this in its first memo and Friday’s filing as part of its bid to convince Torres to allow the so-called interlocutory appeal, allowing an appellate court to take up some legal questions…

Nasdaq receives SEC approval for AI-based trade orders

Nasdaq announced that the United States Securities and Exchange Commission has approved its request to operate the first exchange AI-driven order type on Sept. 8. Called the dynamic midpoint extended life order (M-ELO), the new system expands on the M-ELO automated order type by making it “dynamic,” meaning it will use artificial intelligence to update and, essentially, recalibrate itself in real-time. ⚡ Bringing AI to the capital markets: Today, @Nasdaq announced it has received @SECGov approval to launch Dynamic Midpoint Extended Life Order (M-ELO), the first artificial intelligence (AI) powered…

Blockchain firm files notice of appeal against SEC

Blockchain-based file-sharing and payment network LBRY may be reversing course on an earlier decision to wind down, filing a notice of appeal against a federal judge ruling in July that sided with the Securities and Exchange Commission. On Sept. 7, LBRY filed a notice of appeal to the United States Court of Appeals for the First Circuit, seeking to appeal the final judgment entered on July 11, 2023, where LBRY was ordered to pay a civil penalty and barred from participating in unregistered offerings of crypto asset securities in the…

Following SEC delays, Ark Invest and 21Shares file for spot Ether ETF

Amid the United States Securities and Exchange Commission (SEC) delaying a decision on Ark Investment Management’s spot Bitcoin (BTC) exchange-traded fund, the firm has proposed an investment vehicle with exposure to Ether (ETH). In a Sept. 6 filing, Ark Invest and 21Shares requested the SEC approve the listing of shares of a spot ETH ETF on the Cboe BZX Exchange. The investment vehicle, called the ARK 21Shares Ethereum ETF, will have crypto exchange Coinbase act as a custodian and measure the performance of Ether based on the Chicago Mercantile Exchange…

Grayscale urges SEC to approve its spot Bitcoin ETF filing

Share Share on Twitter Share on LinkedIn Share on Telegram Copy Link Link copied Grayscale is calling on the US SEC to approve its spot Bitcoin exchange-traded fund (ETF) application, arguing that further delay would cause harm to investors.  Grayscale’s lawyers on Sept. 5 wrote a letter to the SEC seeking a meeting with the securities regulator on the way forward for a spot Bitcoin ETF approval. In the letter, the lawyers stated that the SEC’s review of Grayscale’s application has taken nearly three times longer than what is permitted…

Grayscale asks SEC to meet on ‘way forward’ for Bitcoin ETF conversion

Grayscale has told the Securities and Exchange Commission it has no legal reasoning left to block the conversion of the asset manager’s flagship Bitcoin (BTC) fund to a spot exchange-traded fund (ETF). On Sept. 5, Grayscale’s lawyers sent a letter to the SEC requesting the pair meet to discuss the next steps following the regulator’s court loss regarding the conversion of the Grayscale Bitcoin Trust (GBTC). “Now that the Court of Appeals has spoken, there is no available rationale that would distinguish a Bitcoin futures ETP from a spot Bitcoin…

SEC Has ‘No Grounds’ to Reject Bitcoin ETF Conversion, Grayscale Says

“After the Commission has had the opportunity to fully analyze the court’s opinion in light of the record, including the reasons for rejection set forth … we believe the Commission should conclude that there are no grounds for treating the Trust differently from ETPs that invest in bitcoin futures contracts,” Grayscale’s legal team wrote in a letter to the regulator on Tuesday. Original

How Everyone Can Win From the Grayscale Bitcoin ETF Decision, Including the SEC

Should the SEC wish to challenge the federal judge’s conclusions in the Grayscale decision, the company’s application could simply be denied again for a different (or even an analogous) reason. That course of action becomes problematic quickly. The last thing any lawyer wants to do is upset a federal judge. That is a terrible idea, if the aim to quash the U.S. spot bitcoin ETF market before it begins.  Original