Just In: Crucial Deadlines in Coinbase and SEC Lawsuit Set

Paul Grewal, Coinbase’s Chief Legal Officer, highlighted on Twitter that these deadlines are critical in determining the direction and eventual outcome of the lawsuit. 

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Crucial Deadlines

Coinbase is required to submit its legal briefs outlining its arguments, evidence, and supporting documents on August 4, 2023. These filings will reveal the substance of its case and provide vital insights into the evidence and arguments it wants to present in court.

Following the submission of the legal briefs, interested parties who support the exchange’s motion for judgment on the pleadings have the opportunity to submit Amicus curiae briefs on or before August 11, 2023, and must not exceed 20 pages.  

On the other hand, the SEC, as the plaintiff in the lawsuit, will present its own legal brief outlining its arguments and evidence on or before October 3rd. In a parallel process to that of Coinbase, interested parties supporting the SEC’s case can submit amicus briefs on or before October 10, with a 20 page filing almost directed as the limit.

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Following the submission of the SEC’s legal brief, Coinbase is granted an opportunity to file a reply brief on or before October 24. This document, limited to 15 pages, allows Coinbase to respond directly to the SEC’s arguments and evidence.

The SEC’s Lawsuit Against Coinbase

The SEC has accused Coinbase of offering unregistered securities through its platform. The SEC’s complaint against Coinbase alleges that the cryptocurrency exchange has been operating as an unregistered broker since at least 2019. 

According to the information obtained by the SEC, Coinbase is accused of engaging in activities that are typically associated with registered broker-dealers, but the exchange itself has not obtained the required registration with the regulatory authority.

The SEC’s concern is that, without proper registration, investors may not receive adequate protection, and the potential risks associated with unregistered broker-dealer activities could be higher.

The issuance of the scheduling order by Judge Failla marks a significant advancement in the legal battle between Coinbase and the SEC. As the key deadlines approach, the submissions of legal briefs and amicus briefs will reveal vital insights into the arguments, evidence, and perspectives of both parties.

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