Does today's bombshell ruling by the Southern District of New York in the Ripple-XRP case provide legal clarity for token issuers? Not a bit of it. Judge Analisa Torres' judgements are likely to be contested, and successfully. Opinion prestonjbyrne
Thursday’s bombshell split decision
The only thing this ruling guarantees for cryptocurrency issuers, then, is continued uncertainty in the cryptocurrency markets – uncertainty which Congress, and only Congress, can step in to correct. At issue in this case is whether a decade’s worth of token distributions by Ripple Labs are sales of securities by dint of the transactions being “investment contracts” as such term is defined by the “Howey Test” in SEC v W.J. Howey Co., 328 U.S.
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