Coinbase files fresh reply in legal battle with SEC after ETH ETF and FIT21 approval

Source Fxstreet
  • Crypto exchange Coinbase has filed a response to the SEC's comment on its interlocutory appeal request.
  • Coinbase initially requested an interlocutory appeal last month, seeking to know if securities laws appealed to crypto. 
  • ETH ETF and FIT21 approval may play a major role in deciding the outcome of the SEC's legal battle with Coinbase.

Coinbase (COIN) issued a response on Friday to its initial interlocutory appeal for answers regarding securities question in battle that has lingered with the Securities & Exchange Commission (SEC).

Read more: XRP set for rally after Coinbase listing in New York

Coinbase responds to SEC

Crypto exchange Coinbase filed a response to the SEC's comment on its interlocutory appeal request on Friday. The exchange continues to probe for an appeal with the court, stating that the question asked holds vital ground for the entire cryptocurrency industry.

“Certification is warranted to resolve the novel and controlling question of law presented, to guide the conduct of this litigation, and to bring much-needed clarity to the burgeoning crypto industry” the response states.

An interlocutory appeal is a party's application to an appellate court challenging a non-final trial court order that decides an issue but does not result in a final judgment.

Coinbase initially requested an appeal to the US Court of Appeal Second Circuit last month, seeking to know whether the SEC may regulate “investment contracts” digital asset transactions that don’t involve anything contractual. This question, according to the exchange, is key in these defining times for the entire crypto industry.

Also read: US House of Reps passes bill aiming to regulate cryptocurrencies

“We’re asking to take this key legal issue up on appeal earlier than normal because it's critical to the crypto industry. Earlier this week the House recognized the need for clear rules, and we’re seeking clarity in the Courts as well,” said Paul Grewal, Chief legal officer at Coinbase.

The SEC earlier released a counter-response to Coinbase request for an interlocutory appeal on May 10, stating that at least some of the transactions on the exchange platform and through related services constituted investment contracts and that the question presented by Coinbase was unnecessary.

The tables however may be turning against the SEC, especially with the passing of the FIT21 bill in the House of Representatives and the regulator approving spot ETH ETFs on Thursday.

With many suggesting ETH's potential classification as a security ending with the ETF approval, the courts may be forced to look into the appeal requested by Coinbase.

Read more: SEC approves spot Ethereum ETFs after shocking U-turn

The interlocutory appeal will require acceptance from the appellate court. Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York previously denied Coinbase's motion to have the SEC's initial lawsuit against the exchange dismissed. The exchange also lost a case to the Supreme Court on Thursday over its 2021 Dogecoin sweepstakes.

In conclusion, Coinbase has said it would exercise patience until it gets clarity from the SEC over crypto assets regulations.

“We’re committed to seeing this through no matter how long it takes to get clarity for the entire industry and push back against overzealous regulators. It’s what the 52 million Americans who own crypto deserve," said Paul Grewal.

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
Fed October Rate Decision Preview: Rate Hike Pause Has Become Consensus, How Will US Stocks, Dollar, and Gold React?The Federal Reserve will announce its October interest rate decision at 14:00 Eastern Time on October 28, and Fed Chair Warsh will hold a press conference at 14:30. Markets currently wide
Author  TradingKey
12 hours ago
The Federal Reserve will announce its October interest rate decision at 14:00 Eastern Time on October 28, and Fed Chair Warsh will hold a press conference at 14:30. Markets currently wide
placeholder
Anthropic files for a $2 trillion IPO — the $80.7 billion loss is the decoy, the $450 billion compute bill is the riskAnthropic publicly filed its S-1 on October 26, revealing $16.29 billion of first-half revenue (+1,304% year over year) and a $80.7 billion net loss — of which $72.4 billion is a non-cash convertible-note charge. The real number is the $450 billion of signed, mostly non-cancelable compute commitments. Here is what the filing says, why NVDA, ARM and MU are the tradeable read-through, and the conditions that decide whether the AI trade passes its first public valuation test.
Author  Irene Q.
17 hours ago
Anthropic publicly filed its S-1 on October 26, revealing $16.29 billion of first-half revenue (+1,304% year over year) and a $80.7 billion net loss — of which $72.4 billion is a non-cash convertible-note charge. The real number is the $450 billion of signed, mostly non-cancelable compute commitments. Here is what the filing says, why NVDA, ARM and MU are the tradeable read-through, and the conditions that decide whether the AI trade passes its first public valuation test.
placeholder
Tesla jumps 5% as Barclays puts a $450 target on the SpaceX merger — the chart was already pointing to 431Tesla closed at $391.62 on October 26, up 5.21%, after Barclays upgraded the stock to Overweight and lifted its target to $450 from $370, citing a sharp inflection in Robotaxi miles and a potential SpaceX merger. The move also completed a double bottom at $345.88 and $349.33, with a neckline at $388.56 and a measured target of $431.24. Here is what the upgrade actually says, why the chart and the analyst now point the same way, and what would break the target.
Author  Irene Q.
17 hours ago
Tesla closed at $391.62 on October 26, up 5.21%, after Barclays upgraded the stock to Overweight and lifted its target to $450 from $370, citing a sharp inflection in Robotaxi miles and a potential SpaceX merger. The move also completed a double bottom at $345.88 and $349.33, with a neckline at $388.56 and a measured target of $431.24. Here is what the upgrade actually says, why the chart and the analyst now point the same way, and what would break the target.
placeholder
Euro weakens below 1.1200 as traders brace for Fed, ECB rate decisionsThe EUR/USD pair extends the decline near 1.1170 during the early Asian trading hours on Tuesday, pressured by risk-off sentiment. Markets might turn cautious later in the day ahead of the US Federal Reserve (Fed) and European Central Bank (ECB) interest rate decisions later this week.
Author  FXStreet
21 hours ago
The EUR/USD pair extends the decline near 1.1170 during the early Asian trading hours on Tuesday, pressured by risk-off sentiment. Markets might turn cautious later in the day ahead of the US Federal Reserve (Fed) and European Central Bank (ECB) interest rate decisions later this week.
placeholder
Bitcoin Price Forecast: Drops Below $80,000 in Fifth Straight Loss, May Test $75,000 as FOMC Meeting Approaches Bitcoin falls below the $80,000 mark as the October FOMC decision approaches, threatening a further dip toward $75,000.On October 26, Bitcoin (BTC) again lost the key psychological mark o
Author  TradingKey
Yesterday 10: 10
Bitcoin falls below the $80,000 mark as the October FOMC decision approaches, threatening a further dip toward $75,000.On October 26, Bitcoin (BTC) again lost the key psychological mark o
goTop
quote