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Analysis of Recent Decision in Coinbase-SEC Case by Well-Known Lawyer

Mar 30, 2024

Regarding the latest update in the legal battle between Coinbase and the Securities and Exchange Commission (SEC), Marisa Tashman Coppel, legal officer at Blockchain Association, provided insights on the court's ruling.

Coppel praised the court's decision to dismiss the SEC's claim that Coinbase Wallet was acting as an unregistered intermediary, seeing it as a significant win for the DeFi sector. She criticized the SEC's aggressive approach and highlighted the benefits of the decision for developers and those involved in peer-to-peer technology.

While the court allowed some of the SEC's claims to proceed, meaning that Coinbase will need to disclose more information and have the facts evaluated in summary judgment, Coppel noted that the court must accept the SEC's claimed facts as true at this stage.

As the case moves forward, Coppel pointed out that the court will need to consider aspects like decentralization, whether token holders contribute to the project, and how token usage fits into the analysis.

Expressing reservations about the court's interpretation of "ecosystem" in relation to the Howey test, Coppel warned that this definition could mistakenly categorize various items as securities. The court's scrutiny of how token projects executed their initial token offerings was also highlighted by Coppel, who anticipated that further details revealed during discovery would strengthen Coinbase's arguments.

Despite challenges, Coppel remains hopeful and commended the Coinbase team for their strong stance under Paul Grewal's leadership. Furthermore, while the SEC may seek to leverage this decision in other cases, Coppel believes that courts might not heavily rely on it until further discoveries are made.

The recent ruling favored the SEC, allowing the allegation of selling unregistered securities by Coinbase to proceed to a jury trial.

*Please note: This is not intended as financial advice.

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