Key Points
- Ripple’s legal team missed a key filing deadline in the Ripple vs SEC lawsuit.
- The missed filing could hinder Ripple’s defense in the appeal process.
- Legal experts clarify this error doesnโt impact the SEC but focuses on Ripple.
- Ripple now has 14 days to correct the oversight and avoid consequences.
The ongoing Ripple vs SEC lawsuit has taken a fresh turn as Rippleโs legal team faces a potential setback. On October 22, 2024, the United States Court of Appeals for the Second Circuit issued a notice about a significant procedural oversight.
Ripple co-founder Chris Larsenโs legal team missed an important deadline to file the Acknowledgment and Notice of Appearance, a key requirement for participating in the courtโs oral arguments.
The deadline for this filing was October 18, 2024, and Ripple’s legal team now faces consequences unless the error is corrected within the next 14 days.
๐จ BREAKING:
NEW RIPPLE VS. SEC FILING FROM TODAY:
โThe court has not received the acknowledgment and notice of appearance on the due date October 18, 2024!โ
Remember: โIf they do not comply with these requirements within 14 days their appeal will be dismissed!โ #XRP pic.twitter.com/wQPjtAPgrr
โ ๐๐ถ๐ฎ๐ต๐ฒ๐ฎ (@_Crypto_Barbie) October 22, 2024
Rippleโs Legal Team Misses a Key Filing Deadline
This latest development could create challenges for Ripple in the Ripple vs SEC lawsuit, a case that has already been under intense scrutiny from both the crypto industry and regulatory bodies.
The missed filing pertains to the Acknowledgment and Notice of Appearance, a critical document that formally allows Ripple’s legal team to participate in oral arguments before the court.
Without this filing, the court has the authority to prevent Rippleโs attorneys from presenting their case, which could have severe consequences on the outcome of the appeal.
In the court’s notice, it was made clear that if Rippleโs legal team does not file the document within 14 days, their ability to represent Chris Larsen in oral arguments will be left to the court’s discretion.
This could greatly limit Rippleโs chances to defend its position in the Ripple vs SEC lawsuit, especially as the legal battle moves into a decisive phase.
What This Means for Ripple in the Ripple vs SEC Lawsuit
While the procedural mistake might not seem like a huge deal on the surface, it could complicate matters for Ripple.
According to prominent legal expert Marc Fagel, the court notice specifically targets Rippleโs legal team and does not involve the SEC. Fagel clarified, โThis has nothing to do with the SEC. Itโs about Rippleโs failure to file an appearance in the case.โ
Fagel also dispelled rumors circulating within the crypto community that the SEC had missed a deadline related to the case. Some speculated that the SEC might have delayed filing its Form C, but Fagel confirmed that the SEC submitted the form on time.
The SECโs Form C was prepared on October 16, 2024, and officially docketed the following day, leaving no room for doubt about its timeliness. This confusion, however, added to the frenzy around the Ripple vs SEC lawsuit, with many interpreting the notice as an issue on the SECโs side.
In reality, the notice is solely focused on Rippleโs failure to meet its procedural obligations, a mistake that could have far-reaching effects if not promptly addressed.
Legal Experts Weigh In on Rippleโs Setback
As the Ripple vs SEC lawsuit progresses, Rippleโs legal team must act quickly to correct this error. Legal expert Fred Rispoli pointed out that although this filing mistake may not directly affect the caseโs merits, it reflects poorly on Rippleโs legal strategy. Rispoli commented,
โThis time, Ripple failed to file a form on time. Not a big deal, but also not the kind of thing you are thrilled to see when you are paying a collective $8,000 per hour from your legal team.โ
These types of errors, even if minor, can undermine confidence in a legal teamโs ability to handle a high-profile case like the Ripple vs SEC lawsuit. As Rispoli suggested, Rippleโs legal team, which commands hefty fees, must be meticulous in handling all procedural matters to avoid any unnecessary setbacks.
For Ripple, whose defense is already under immense pressure, this kind of mistake can add complications and give the opposing side more room to maneuver.
Ripple now has until early November to file the required Acknowledgment and Notice of Appearance. Failing to do so could mean their legal team may be excluded from oral arguments, making it harder to defend against the SECโs claims in court.
Whatโs at Stake in the Ripple vs SEC Lawsuit
The Ripple vs SEC lawsuit is one of the most closely watched cases in the cryptocurrency world. The lawsuitโs outcome could have significant implications for the regulatory environment surrounding digital assets, especially concerning how tokens like XRP are classified under U.S. securities laws.
The SEC argues that Rippleโs sales of XRP were unregistered securities offerings, while Ripple maintains that XRP should be treated as a cryptocurrency, not a security.
Rippleโs battle with the SEC has been ongoing for several years, and each development in the case adds more uncertainty for the future of XRP and other digital assets.
The appeal process is a critical phase for Ripple, as it seeks to overturn previous rulings that could harm its business and the broader crypto industry.
Given the stakes involved, every procedural step in the Ripple vs SEC lawsuit is critical. Even minor mistakes, like the failure to file a Notice of Appearance, could hinder Rippleโs ability to present a strong defense and impact the courtโs final decision.
Rippleโs legal team must now move quickly to address this issue and prevent any further setbacks.