Coinbase Scores Rare Win: Court Allows Appeal Against SEC Allegations

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by Giorgi Kostiuk

2 years ago

Coinbase has been granted an appeal to the Second Circuit Court to challenge SEC allegations of violating federal securities laws.

Background Situation

After months of legal wrangling between the SEC and Coinbase, Judge Katherine Polk Failla granted an interlocutory appeal. This allows Coinbase to challenge SEC claims that the platform is violating federal securities laws by operating an unregistered exchange and broker-dealer, and by selling unregistered securities through its staking program.

Basis for Appeal

The decision to grant the appeal came amid complex legal issues raised in the case. Coinbase argues that its services do not fall under securities laws per the Howey test. If the Second Circuit sides with Coinbase, it could significantly change the direction of the case. Judge Failla noted that the appeal could 'materially advance the ultimate termination of the litigation.'

Discovery Issues and Case Pause

Currently, the discovery process, where both sides gather evidence, has been put on hold. Judge Failla concurred with Coinbase that proceeding with this process while the appeal is pending could be resource-inefficient. The decision to pause was made to prevent 'hardship' and maintain an 'even balance.'

Coinbase's appeal may shift the trajectory of the SEC case, setting it on a new path. All legal proceedings are currently paused until the Second Circuit decision.

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