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New Cross-Appeal Could Set Precedent

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Updates in the Second Circuit appeal proceedings reveal the latest legal developments in the SEC vs. Ripple case. Emerging strategies suggest that the ongoing courtroom battle between the US Securities and Exchange Commission (SEC) and Ripple Labs has taken a new turn.

Despite launching his Senate race against Elizabeth Warren, pro-XRP advocate John Deaton has pledged to remain steadfast in representing XRP holders’ interests in the SEC versus Ripple case.

Ripple’s Cross-Appeal Filing Adds Pressure on SEC

Attorney James Filan reported that Ripple’s legal team filed a cross-appeal in response to the SEC’s ongoing litigation. Ripple’s filing, appearing on the Second Circuit docket, presents a strong defense strategy. It argues that the SEC’s classification of XRP as an unregistered security is legally flawed.

The company’s cross-appeal also emphasizes Ripple’s contention that XRP is not an investment contract. It pushes that XRP should not be regulated as a security, an argument grounded in legal precedent and market realities.

Jeremy Hogan, a prominent attorney, has provided ongoing analysis of the case. He highlighted key elements of Ripple’s arguments, detailing discrepancies in the SEC’s approach toward cryptocurrencies.

Hogan also noted that Ripple’s filing could shape a landmark decision in the crypto industry. This is more so if Ripple’s arguments influence the court’s interpretation of what constitutes security under US law.

Read More: Crypto Regulation: What Are the Benefits and Drawbacks?

This development comes after the US regulator appealed the Ripple (XRP) case. As BeInCrypto reported, the SEC seeks a “de novo” review after Judge Analisa Torres’ July 13, 2023, ruling. The judge had ruled in partial favor of Ripple’s token as non-security.

Adding to the legal tension, the SEC has requested an extension to file its “Principal Brief” in the case until January 15, 2025. If granted, this extension would provide the SEC with additional time to solidify its arguments against Ripple’s cross-appeal.

The extended timeline could allow the SEC to refine its stance and address criticisms that its approach to crypto regulation lacks consistency. The agency faces scrutiny for its perceived ambiguity around classifying digital assets.

The SEC’s requested extension comes as the agency grapples with multiple cases related to cryptocurrency and digital assets. This reflects the growing challenge of regulating a fast-paced sector without comprehensive legislative guidance.

With the SEC’s briefing extension request pending and Ripple’s cross-appeal now under review, the court’s eventual decision could have far-reaching consequences. It could potentially reshape the future of digital assets in the United States.

John Deaton’s Continued Role as XRP Advocate Despite Senate Race

Amid the high-stakes legal maneuvers, John Deaton, a vocal XRP advocate, has confirmed his ongoing involvement in the case. This is despite his recent decision to run for the US Senate.

“Senate race or not, I don’t walk away from what I started,” Fox Business correspondent Eleanor Terret reported, citing Deaton.

Notably, Deaton has acted as an “amicus” (friend of the court) for XRP holders. His comment highlights his dedication to representing their interests. Deaton is also committed to defending the right to participate in a fair and transparent cryptocurrency market.

This commitment, alongside his Senate aspirations, illustrates the broader political dimension of the SEC vs. Ripple legal battle. With his Senate run focused on issues including financial and cryptocurrency regulation, Deaton’s involvement in the Ripple case aligns with his campaign message advocating for clear and reasonable crypto policies.

He has previously criticized the SEC’s approach to the case, describing it as overly aggressive and detrimental to innovation within the US crypto industry. However, the outcome of this case holds significant implications for Ripple, XRP holders, and the entire crypto industry.

A ruling in favor of Ripple could set a precedent that influences how other cryptocurrencies are regulated in the United States. This could curb the SEC’s authority to classify tokens as securities without clearer legislative guidance. Ripple CEO Brad Garlinghouse is optimistic about a victory.

“I am so confident that we’re going to win the appeal and that would put a dagger in Gary Gensler’s whole agenda around crypto regulation…I’m not losing any sleep over it at all. I’m so confident about it because I believe we’re on the right side of the law. I think we’re on the right side of history,” Garlinghouse reportedly told Terrett.

Read more: Everything You Need To Know About Ripple vs. SEC.

Conversely, a ruling supporting the SEC’s claims could empower the agency to take similar actions against other crypto firms. This could shape the regulatory framework governing digital assets in the US. On this account, Hogan takes a more stance.

“Sometimes win vs. lose in these cases is not a clear line. Nevertheless, yes, I think there is an 80% chance Ripple comes away from the appeal in a better position than now,” Hogan expressed.

XRP Price Performance
XRP Price Performance. Source: BeInCrypto

Amidst these developments, BeInCrypto data shows that the XRP price has fallen 0.84% in the past 24 hours, trading for $0.5239 as of this writing.

Disclaimer

In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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Solana Hits New All-Time High After 3 Years

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On Friday, Solana (SOL) soared to a new all-time high (ATH), now trading at approximately $261. This breakthrough surpasses its previous peak set in November 2021.

Solana’s rise to a new ATH marks an increase of over 32 times from its lows recorded in December 2022.

Solana Hits All-Time High as Gary Gensler Plans Resignation

Solana’s path to this new high has been anything but smooth. After reaching its previous high in 2021, the platform faced a downturn in 2022 amid a broader crypto bear market, further exacerbated by technical issues and network downtimes.

The collapse of FTX in November 2022 pushed Solana’s price down to around $8.

Solana Price Performance. Source: BeInCrypto

However, Solana has since made a remarkable recovery, increasing more than 32-fold from its low. Now, Solana enthusiasts believe that SOL could eventually outpace Ethereum (ETH) in market capitalization.

“Solana has been at an all-time high by market cap for a while actually. Now, we’re finally in price discovery. The flippening is coming,” Birch, the founder of PathCrypto, said.

The surge in Solana’s market value coincides with the news of SEC Chairman Gary Gensler’s planned resignation, slated for January 20, 2025, as Donald Trump assumes office.

Known for his strict regulatory stance on cryptocurrencies, Gensler’s departure signals a potential shift toward a more crypto-friendly administration. Consequently, this political change is stoking speculations about the approval of a Solana exchange-traded fund (ETF). According to Fox Business journalist Eleanor Terrett, the SEC has begun engaging with issuers to explore the possibility of a Solana ETF.

“Talks between SEC staff and issuers looking to launch a Solana spot ETF are “progressing” with the SEC now engaging on S-1 applications. Recent engagement from staff, coupled with the incoming pro-crypto administration, is sparking a renewed sense of optimism that a Solana ETF could be approved sometime in 2025,” Terrett claimed.

Previous efforts to launch a Solana ETF were stalled by regulatory roadblocks, often stopping early in the process. However, the changing political environment and the SEC’s increased openness have reignited hopes within the crypto community. Recent filings for a Solana ETF by Canary Capital and BitWise reflect a growing interest and anticipation for regulatory approval.

Despite these encouraging developments, the odds of a Solana ETF approval in 2024 remain low, with Polymarket estimates placing it at around 4%.

Odds of Solana ETF Approval in 2024
Odds of Solana ETF Approval in 2024. Source: Polymarket

Meanwhile, the crypto community is also closely watching Bitcoin as it approaches the highly anticipated $100,000 mark. On Friday, Bitcoin recorded a new high of about $99,300. This milestone is viewed as a pivotal moment for Bitcoin and could impact other cryptocurrencies, including Solana.

Disclaimer

In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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XRP Price 25% Rally: Breaking Barriers and Surpassing Odds

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XRP price rallied above the $1.15 and $1.20 resistance levels. The price is up over 25% and might rise further above the $1.420 resistance.

  • XRP price started a fresh surge above the $1.20 resistance level.
  • The price is now trading above $1.250 and the 100-hourly Simple Moving Average.
  • There was a break above a key bearish trend line with resistance at $1.1400 on the hourly chart of the XRP/USD pair (data source from Kraken).
  • The pair is up over 25% and it seems like the bulls are not done yet.

XRP Price Eyes Steady Increase

XRP price formed a base above $1.050 and started a fresh increase. There was a move above the $1.150 and $1.20 resistance levels. It even pumped above the $1.25 level, beating Ethereum and Bitcoin in the past two sessions.

There was also a break above a key bearish trend line with resistance at $1.1400 on the hourly chart of the XRP/USD pair. A high was formed at $1.4161 and the price is now consolidating gains. It is trading above the 23.6% Fib retracement level of the upward move from the $1.0649 swing low to the $1.4161 high.

The price is now trading above $1.30 and the 100-hourly Simple Moving Average. On the upside, the price might face resistance near the $1.400 level. The first major resistance is near the $1.420 level. The next key resistance could be $1.450.

XRP Price

A clear move above the $1.450 resistance might send the price toward the $1.50 resistance. Any more gains might send the price toward the $1.550 resistance or even $1.620 in the near term. The next major hurdle for the bulls might be $1.750 or $1.80.

Are Dips Supported?

If XRP fails to clear the $1.420 resistance zone, it could start a downside correction. Initial support on the downside is near the $1.3350 level. The next major support is near the $1.2850 level.

If there is a downside break and a close below the $1.2850 level, the price might continue to decline toward the $1.240 support or the 50% Fib retracement level of the upward move from the $1.0649 swing low to the $1.4161 high in the near term. The next major support sits near the $1.20 zone.

Technical Indicators

Hourly MACD – The MACD for XRP/USD is now gaining pace in the bearish zone.

Hourly RSI (Relative Strength Index) – The RSI for XRP/USD is now above the 50 level.

Major Support Levels – $1.3350 and $1.2850.

Major Resistance Levels – $1.4000 and $1.4200.



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WisdomTree Europe Launches XRP ETP

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ETF issuer WisdomTree’s European division just announced a new ETP based on XRP. This product is currently available in four EU countries, which has led XRP’s price to jump slightly.

ETPs are a common issuer strategy to earn revenue without ETF approval, but Europe will not necessarily approve one even if the US does so.

WisdomTree’s XRP ETP

WisdomTree, one of the Bitcoin ETF issuers in the US, announced that its European branch is offering an exchange-traded product (ETP) based on XRP. This new product is currently available in Germany, Switzerland, France, and the Netherlands. A growing number of issuers have filed for an XRP ETF, but WisdomTree is taking a slightly different tack.

“The WisdomTree Physical XRP ETP offers a simple, secure, and low-cost way to gain exposure to XRP, one of the largest cryptocurrencies by market capitalization. Backed 100% by XRP, XRPW is the lowest-priced XRP ETP in Europe, providing direct spot price exposure,” the announcement claimed.

The possibility of an official XRP ETF is growing with the current bull market, and Ripple CEO Brad Garlinghouse considers it “inevitable.” Still, it hasn’t happened yet, and ETP offerings allow issuers to somewhat address customers’ requirements. BitWise, which has also filed for an XRP ETF in the US, recently acquired a European ETP issuer to enter the same market.

WisdomTree, however, is no stranger to this market strategy. In May this year, it won approval to offer ETPs based on Bitcoin and Ethereum to British investors.

The UK has not yet approved a full ETF for either of these assets, but WisdomTree still gained market access. Even a fraction of the XRP market could also prove lucrative; the asset’s value spiked today.

XRP Price Spike
XRP Price Performance. Source: BeInCrypto

WisdomTree Europe’s strategy page does not describe any further actions upon full approval. Even if the US approves an XRP ETF under the SEC’s new leadership, that won’t necessarily benefit WisdomTree’s European branch. For now, these ETPs built on XRP will have to suffice for this market.

Disclaimer

In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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