TLDR
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- Coinbase granted an interlocutory appeal by Judge Failla in the SEC case
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- The appellant will contest the SEC’s claims at the Second Circuit Court of Appeals
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- The Judge stayed the district court litigation pending the appeal
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- An appeal raises questions about the application of securities law to digital assets
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- Guidance from the Second Circuit could significantly advance case resolution
US Securities and Exchange Commission (SEC), Judge Katherine Polk Failla of the Southern District of New York that Coinbase granted a rare interlocutory appeal. This decision allows the cryptocurrency exchange to take its case challenging the SEC’s allegations to the Second Circuit Court of Appeals.
The SEC’s lawsuit against Coinbase, filed earlier this year, includes claims that the company is operating as an unregistered exchange and broker-dealer. The regulatory agency also alleges that Coinbase is selling unregistered securities through its betting program.
Coinbase’s chief legal officer, Paul Grewal, announced the approval of the appeal on platform X (formerly Twitter), saying, “Over the strong objection of the SEC, Judge Failla granted our motion for leave to pursue an interlocutory appeal and stayed with the district court litigation. .”
An interlocutory appeal is a rare legal measure that allows a party to challenge a court ruling before a final judgment is entered in the case. In granting this appeal, Judge Failla found that it raises fundamental questions about whether digital asset transactions on Coinbase qualify as “investment contracts” under securities law, as defined by the Howey test.
The Howey test, derived from a 1946 Supreme Court case, is used to determine whether a transaction qualifies as an investment contract and, therefore, is subject to federal securities laws. The test considers whether there is an investment of money in a common enterprise with the expectation of profits derived from the efforts of others.
Judge Failla indicated that guidance from the Second Circuit Court of Appeals could significantly advance the resolution of the case. The court’s decision to grant the interlocutory appeal and stay the district court litigation pending the outcome of the appeal is seen as a significant legal milestone for Coinbase in its ongoing fight with the SEC.
This development comes amid a backdrop of conflicting rulings and ongoing regulatory uncertainty regarding the classification of cryptocurrencies and digital assets as securities. The outcome of Coinbase’s appeal at the Second Circuit could have far-reaching implications for the crypto industry and how digital assets are regulated in the United States.
As the case progresses, the crypto community and industry stakeholders will be watching closely for any clarification or precedent set by the Second Circuit regarding the application of securities laws to digital assets. The court’s ruling could ultimately provide much-needed guidance on the regulatory framework for cryptocurrencies and help shape the future of the industry.
To date, the district court litigation between Coinbase and the SEC is pending the outcome of the interlocutory appeal. As the legal battle continues, Coinbase has been steadfast in its position that its digital asset transactions and its staking program do not constitute unregistered securities offerings.
The crypto exchange’s legal team will now focus on presenting its arguments before the Second Circuit Court of Appeals, seeking to challenge the SEC’s claims and provide clarity on the regulatory status of the digital assets traded on its platform. The court’s decision, once issued, could mark a significant milestone in the ongoing debate over cryptocurrency regulation in the United States.
