Secondary Market

Ripple case: SEC appeal unlikely as it gains from ‘current confusion’ — Haun Ventures CEO

July 17, 2023 Coin Telegraph

An immediate appeal could potentially jeopardize the SEC’s “entire enforcement agenda” if it ends up losing, said Katie Haun of Haun Ventures.

A former federal prosecutor turned chief executive of a crypto-focused venture capital fund says she would be “surprised” if the United States securities regulator lodges an immediate appeal against the Ripple case ruling, as it currently benefits from lack of “legal clarity.”

On July 13, Judge Torres granted a partial summary judgment in favor of Ripple Labs regarding XRP’s status as a security. At the time, a few commentators warned that an appeal from the SEC would be a possibility.

However, in a July 15 Twitter thread, Haun Ventures CEO Katie Haun explained that the securities regulator will likely stay quiet as it benefits from the “current confusion” and that losing an appeal could jeopardize its future enforcement actions.

Some non-legal advice musings on the Ripple decision, including two main takeaways:

1/ The Court drew a reasonable line and overall it's a good outcome for the industry. For other suits w/ the SEC, we believe the Supreme Court’s “major questions doctrine” will play a larger…
— Kathryn Haun (@katie_haun) July 15, 2023

“Anything is possible, but an immediate appeal seems unlikely both because the agency would have to ask the court to split this decision from the portion going to trial and because I’m skeptical the SEC actually wants legal clarity,” said Haun.

“The Commission benefits from the current confusion and losing these issues on appeal would jeopardize its entire enforcement agenda. So I’d be surprised if the SEC tried to appeal now.”

Haun is but the latest commentator to share the view.

On July 15, Ripple Labs CEO Brad Garlinghouse also believes it may “take years” before the SEC lodges an appeal. He added that an appeal by the SEC would only reinforce Judge Torres’ decision that XRP is not a security.

In a video posted on YouTube on the same day, U.S. lawyer and Ripple commentator Jeremy Hogan said he believes the SEC will launch an appeal after the trial between SEC and Ripple ends, which is scheduled for early 2024.

The SEC is currently suing crypto exchanges Binance and Coinbase over alleged violations of securities laws. Some believe the recent Ripple case ruling, while not a binding precedent, could have an impact on the outcome of the cases.

Meanwhile, many crypto commentators and lawmakers have called for Congress to take action and give legal clarity to crypto in light of the recent ruling.

Brian Quintenz, former commissioner of the Commodity Futures Trading Commission — now head of policy for venture capital fund a16z crypto — stated that the recent Ripple court ruling “only results in more uncertainty for entrepreneurs and builders.”

U.S. Senator Cynthia Lummis said the ruling underscores the urgent need for Congress to establish a clear and comprehensive regulatory framework for the cryptocurrency industry.

Magazine: Crypto regulation: Does SEC Chair Gary Gensler have the final say?

Bad news for Ripple? LBRY judge passes ruling on if secondary crypto sales are securities

July 12, 2023 Coin Telegraph

Analisa Torres

In January, lawyer John Deaton persuaded the Judge in the SEC vs LBRY case that secondary LBC token sales don’t constitute a securities offering.

Ripple may be holding its breath a bit longer after a United States District Judge refused to rule on if the secondary sale of LBRY Credits (LBC) constitutes a security.

On July 11, New Hampshire District Court Judge Paul Barbadoro made the ruling in the case the United States Securities and Exchange Commission (SEC) brought against the decentralized content platform LBRY.

The ruling may have offered legal precedent to fellow District Court Judge Analisa Torres, who is set to make a decision on the SEC’s case against Ripple in the coming months.

In his ruling, Judge Barbadoro said:

“Accordingly, I take no position on whether the registration requirement applies to secondary market offerings of LBC.”

A secondary market is where traders buy and sell securities, while a primary market involves trading from the company issuing the security directly.

John Deaton, a U.S. lawyer representing thousands of XRP (XRP) token holders, tweeted on July 11 that he contacted Judge Barbadoro to seek clarity on if LBC constituted a security.

Judge Barabadoro ultimately decided to uphold his “judicial restraint,” Deaton said.

I asked the Judge to clarify that the token itself is not the security just as Judge Castel did in Telegram. He declined to do so because he said that specific issue wasn’t litigated and he believes in exercising judicial restraint. He wrote: “it suffices to say that merely… https://t.co/xR9AemS5Hq
— John E Deaton (@JohnEDeaton1) July 11, 2023

Judge Barbadoro’s latest opinion is an about-turn from what he concluded in a January appeal hearing where Deaton persuaded him that the secondary sale of LBC doesn’t constitute a securities offering.

The New Hampshire Judge clarified in the appeal hearing that LBC is only considered a security when the sale is made directly.

The SEC also admitted that secondary market LBC sales don’t constitute a security.

While the SEC won a summary judgment in November 2022, it elected to settle for $22 million at an appeal hearing on Jan. 30.

In May, the SEC revised the figure and instead asked the court to impose a fine of $111,000 citing LBRY’s “lack of funds and near-defunct status.”

Meanwhile, Jeremy Hogan, a U.S.-based Attorney and Ripple advocate, told Cointelegraph that District Court Judge Analisa Torres will likely lay out her ruling within the next couple of months.

“We'll have the big picture sometime in the next two months and, unless Ripple completely wins, we'll know the details before the end of the year. If the details are bad then we will see appeals that will drag on for a long time.”

“But [that] won't really matter for a typical XRP holder,” he added.

The final ruling is out in the SEC v. LBRY case.

The Judge did not rule on secondary sales (or, not surprisingly, the Major Questions Doctrine). He enjoined further violations and issued a penalty.

Is a similar result possible in the Ripple case? https://t.co/6bOl34UKpo
— Jeremy Hogan (@attorneyjeremy1) July 11, 2023

Magazine: Crypto Twitter Hall of Flame: Pro-XRP lawyer John Deaton ‘10x more into BTC, 4x more into ETH

Primary vs. secondary markets: Key differences

March 15, 2023 Coin Telegraph

Coin Telegraph

Primary and secondary markets differ in securities, pricing, risk, volume, liquidity, timeframe and more.

Stock and crypto markets are essential components of the global financial system. These markets provide a platform for investors to buy and sell financial assets, which helps companies raise capital for investment and growth. Moreover, the stock and crypto markets play a crucial role in determining the value of an asset. The market price of a stock or cryptocurrency reflects the collective sentiment of investors about its prospects, which can impact its future growth potential.

Lastly, the stock and crypto markets can be used as indicators of broader economic trends and sentiments. For instance, swings in the stock market can indicate changes in investor perceptions of the health of the economy, whereas moves in the cryptocurrency market can be caused by changes in the law, developments in technology or changes in consumer tastes. Investors can learn more about the state of the economy, potential hazards and investment possibilities by keeping an eye on these markets.

Types of markets

The primary market and the secondary market are the two main categories of markets.

Companies first offer new securities to the public on the primary market, including stocks, bonds and other financial instruments. The primary market’s goal is to help the issuer, whether it be a business, a governmental body or another group, raise money. These securities can be bought directly from the issuer by investors, with the money going to the issuer.

On the other hand, previously issued securities are traded between investors on the secondary market. Instead of purchasing securities directly from the issuer, investors buy and sell securities that have already been issued in this market. The secondary market provides liquidity to investors, allowing them to buy and sell securities quickly and easily. This market is also important for price discovery, as the price of a security is determined by supply and demand factors.

In the cryptocurrency world, the primary market is where new tokens or coins are first offered to the public through initial coin offerings (ICOs) or initial exchange offerings (IEOs). The secondary market, on the other hand, is where previously issued cryptocurrencies are traded among investors. An example of the secondary market in crypto is the cryptocurrency exchange Binance, where investors can buy and sell various cryptocurrencies, such as Bitcoin (BTC), Ether (ETH) and others.

Buying and Selling

NFTs can be traded at a fixed price or through an auction.

Trading of NFTs always happens in 2 markets; the primary market (minting website) and the secondary market (NFTs marketplace).
— Henry Imani (@henryimani_) January 13, 2022

Primary vs. secondary markets

There are several key differences between primary and secondary markets.

Purpose

The primary market is where new securities are issued for the first time, while the secondary market is where previously issued securities are traded between investors.

Issuer

In the primary market, securities are issued directly by the issuer, whether it’s a company, government entity or other organization. In the secondary market, investors trade securities among themselves without involvement from the issuer.

Pricing

On the primary market, the price of a security is typically set by the issuer, based on factors such as market demand, supply and the company’s financials. On the secondary market, the price of a security is determined by supply and demand factors, with investors buying and selling based on their own perceptions of the value of the security.

Risk

The primary market carries a higher risk for investors, as the securities being issued are new and have not yet been tested in the market. In contrast, the secondary market carries a lower risk, as investors can evaluate the performance and stability of the security before deciding to buy or sell.

Volume

The primary market typically has a lower trading volume compared to the secondary market, as securities are issued on a limited basis. The secondary market, on the other hand, has a high trading volume, as investors buy and sell securities on a daily basis.

Liquidity

The primary market has limited liquidity, as investors cannot easily sell newly issued securities until they are listed on the secondary market. In contrast, the secondary market is highly liquid, as investors can buy and sell securities on an ongoing basis.

Timeframe

The primary market is generally open for a limited period of time, as securities are issued on a specific date or over a limited period. The secondary market, on the other hand, is open continuously, allowing investors to buy and sell securities at any time.

Ripple case: SEC appeal unlikely as it gains from ‘current confusion’ — Haun Ventures CEO

Bad news for Ripple? LBRY judge passes ruling on if secondary crypto sales are securities

Primary vs. secondary markets: Key differences

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