Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress - Ep. 520

Published: July 18, 2023, 11 a.m.

b"XRP isn\\u2019t itself a security; it depends on how it\\u2019s sold. So said a federal judge last Thursday in the SEC vs. Ripple case and the implications are significant. Jake Chervinsky, chief policy officer at the Blockchain Association, and lawyer Kayvan Sadeghi, partner at Jenner & Block, join the show to discuss two major ramifications. One: U.S. District Judge Analisa Torres dealt a major blow to the legal theory underpinning the SEC\\u2019s case against Coinbase. Two: This order really \\u201clights a fire\\u201d under U.S. lawmakers to act on a pair of crypto bills in Congress.\\n\\nListen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.\\nShow highlights:\\n\\nwhy this is an \\u201cextraordinary victory\\u201d for the industry, according to Jake\\n\\nwhether Judge Torres made the right decision\\n\\nhow the SEC could seek an interlocutory appeal to halt the case, though it\\u2019s unlikely\\n\\nwhat are the pending items in the case that need to be resolved\\n\\nwhy the order that Judge Torres issued is not a final judgment\\n\\nwhy it is more important to look at the transaction, not at the nature of the asset, to determine whether something should be deemed a security\\n\\nwhether the SEC has the authority to call digital assets securities\\n\\nthe significance of the \\u201cmajor questions doctrine\\u201d\\n\\nhow the order in the Ripple case will affect other cases like the Coinbase one\\n\\nwhether exchanges should re-list XRP\\n\\nwhy this case could be instrumental in steering the direction of crypto regulation in the U.S.\\n\\nwhether other crypto tokens like SOL or MATIC should feel relieved with this new ruling\\n\\nwhy Jake says that this case will speed up the chances of crypto legislation getting passed\\n\\nwhat the differences are between the current crypto bills that are being proposed\\n\\nwhether SEC Chair Gary Gensler should recuse himself from enforcement actions in the crypto industry\\n\\n\\nThank you to our sponsors!\\n\\nCrypto.com\\n\\nArbitrum Foundation\\n\\nTOKEN2049\\n\\nGuests:\\n\\nJake Chervinsky, chief policy officer at the Blockchain Association\\n\\nPrevious appearances on Unchained: The Chopping Block: Jake Chervinsky on How the SEC Has Lost Credibility\\n\\n\\nAll Things Crypto Regulation With Jake Chervinsky\\n\\nEverything You Need to Know About the Looming Battle Over Privacy in Crypto\\n\\nCan Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky\\n\\n\\nKayvan Sadeghi, partner at Jenner & Block and co-chair of the fintech and crypto assets practice.\\n\\nLinks:\\n\\n\\nPrevious coverage of Unchained on the Ripple case:\\xa0\\n\\nNew Order in SEC vs. Ripple Over XRP Is a Win for Crypto: What Happens Now?\\n\\nThe Chopping Block: Should XRP Holders Really Be Rejoicing?\\n\\nThe SEC's Lawsuit Against Ripple and 2 Execs: What You Need to Know\\xa0\\n\\nRipple's XRP: Why Its Chances of Success Are Low\\n\\nSEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security\\n\\n\\n\\nCoinDesk:\\n\\nRipple, Crypto Industry Score Partial Win in SEC Court Fight Over XRP\\n\\nRipple Labs Ruling Throws U.S. Crypto-Token Regulation into Disarray\\n\\nThe Washington Post: Ripple ruling threatens SEC\\u2019s crypto regulation push\\n\\n\\nChair Gensler Must Recuse Himself From Digital Asset Enforcement Decisions - Blockchain Association\\n\\n\\nLearn more about your ad choices. Visit megaphone.fm/adchoices"