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
【Daily Brief】10-year Treasury yield briefly tops 5%, S&P 500 slips to 7,602 and the dollar firms at 99.3 as the Fed's decision eve beginsThe 10-year Treasury yield touched 5.014% on Monday — its first print above 5% since October 2023 — while the S&P 500 closed 0.48% lower at 7,619.98 and the dollar index firmed to 99.3. Here is the full market wrap ahead of Wednesday's FOMC decision, the dot plot and the August retail sales report, plus today's CLARITY Act Senate vote.
Author  Irene Q.
Sep 15, Tue
The 10-year Treasury yield touched 5.014% on Monday — its first print above 5% since October 2023 — while the S&P 500 closed 0.48% lower at 7,619.98 and the dollar index firmed to 99.3. Here is the full market wrap ahead of Wednesday's FOMC decision, the dot plot and the August retail sales report, plus today's CLARITY Act Senate vote.
placeholder
October hike odds climb toward 60% as Goldman and BofA both flip — what Warsh's "dose of accommodation" really changedRate futures now price roughly 55% to 62% for a 25bp hike at the October 27-28 FOMC, up from about 30% before Chair Warsh's post-meeting framing that the Fed is merely "removing some accommodation." Goldman Sachs has added an October hike to its forecast and Bank of America now sees moves in both October and December. Here is the repricing, the language behind it, and the two data points that decide it.
Author  Irene Q.
Sep 23, Wed
Rate futures now price roughly 55% to 62% for a 25bp hike at the October 27-28 FOMC, up from about 30% before Chair Warsh's post-meeting framing that the Fed is merely "removing some accommodation." Goldman Sachs has added an October hike to its forecast and Bank of America now sees moves in both October and December. Here is the repricing, the language behind it, and the two data points that decide it.
placeholder
Gold holds steady below $4,150 amid elevated US yields Gold price (XAU/USD) trades on a flat note near $4,140 during the early Asian session on Tuesday. Pressure from a stronger US Dollar (USD) and elevated US Treasury yields was offset by reduced expectations of a Federal Reserve (Fed) rate hike this month.
Author  FXStreet
Yesterday 01: 14
Gold price (XAU/USD) trades on a flat note near $4,140 during the early Asian session on Tuesday. Pressure from a stronger US Dollar (USD) and elevated US Treasury yields was offset by reduced expectations of a Federal Reserve (Fed) rate hike this month.
placeholder
Japanese Yen drifts lower as sustained USD buying offsets intervention fearsThe USD/JPY pair attracts some buyers following the previous day's two-day price moves, trading above the 158.00 mark during the early part of the European session on Tuesday.
Author  FXStreet
18 hours ago
The USD/JPY pair attracts some buyers following the previous day's two-day price moves, trading above the 158.00 mark during the early part of the European session on Tuesday.
placeholder
AUD/USD Price Forecast: Struggles to return to 0.7000 amid firm US DollarThe Australian Dollar (AUD) gives back its early gains after rising to near 0.6975 and turns marginally lower at around 0.6964 against the US Dollar (USD) during the European trading session on Tuesday.
Author  FXStreet
17 hours ago
The Australian Dollar (AUD) gives back its early gains after rising to near 0.6975 and turns marginally lower at around 0.6964 against the US Dollar (USD) during the European trading session on Tuesday.
goTop
quote