Legal Briefs - Jeremy Hogan, makes a final vid about the case

[HAL1000]

 

[Julian_Williams]

This is a brilliant summary, Judge Torres took her time to help the amici and John Deaton's actions changed the case dramatically in our favour. 

I have always thought that judges come to gut reaction conclusions based on their human feelings of fairness and rightness, and wrap their arguments up from this perspective.   SEC and Gensler showed contempt towards the very people they were  paid to protect, the public interest and the Courts.  The result is that the Courts smashed them back

[BillyOckham]

4 minutes ago, Julian_Williams said:

SEC and Gensler showed contempt towards the very people they were  paid to protect, the public interest and the Courts.  The result is that the Courts smashed them back

So true.  And just to show that they have not learnt a thing,  and still want to be pricks,  they put out a tweet trying to claim victory.  No bar is so low they can’t slide under it.

 

[Julian_Williams]

SEC lawyers got too close to their own arguments, and got lost! I have also noticed lawyers get too close to the law, and fail to see that Courts are deliberately forums for human emotions and prejudices. Gut feeling is the first reaction, and our arguments are built around reaching out to find those gut conclusions.

John Deaton understood this, as did J Torres. Good lawyers work with people for people, bad lawyers get stuck up their own backsides because they lose contact with their very purpose of being; serving the community.

 

Marc Fagel fascinated me, because he comes across as a decent man but he saw the case from SEC's perspective. I kept asking myself why? I think he got it wrong because he wanted to make it a matter of law first. He seems to believe in the the rightness of the law. The law is not rightness, it is an instrument of human interaction. This judgement was all about making the law into rightness!

Edited July 15 by Julian_Williams

[WarChest]

2 hours ago, BillyOckham said:

So true.  And just to show that they have not learnt a thing,  and still want to be pricks,  they put out a tweet trying to claim victory.  No bar is so low they can’t slide under it.

 

That is Genslurr blowing his own trumpet, trying to kid the general public whom are not close to the case, that the SEC has won.

Pure spin

[woodman_73]

The Library case still intrigues me though, and I admit I know very little about library. Will they use Library precedent to weed the garden so to say? I just thought library was content creator platform? Did they fail the Howey? I am glad that we got the news we did, and appreciate Jude Torres and her decision, but just trying to figure out where we are really going. 

[Danny]

3 hours ago, BillyOckham said:

So true.  And just to show that they have not learnt a thing,  and still want to be pricks,  they put out a tweet trying to claim victory.  No bar is so low they can’t slide under it.

 

Someone said, claiming victory, the SEC may be less likely to appeal against the ruling.

[Danny]

In the interview below, attorney Lewis Cohen (of leading blockchain legal practice DLx Law) mentioned something I found interesting. Based on Torres' ruling he argues (at 12:17 in the video) that in those cases where a cryptocurrency was used as the object of a scheme or a contract transaction, it did function as a security. That applies to any cryptocurrency, including Bitcoin and Ethereum, and those cases clearly exist. 

 

Edited July 15 by Danny

[HAL1000]

 

[Julian_Williams]

8 hours ago, woodman_73 said:

The Library case still intrigues me though, and I admit I know very little about library. Will they use Library precedent to weed the garden so to say? I just thought library was content creator platform? Did they fail the Howey? I am glad that we got the news we did, and appreciate Jude Torres and her decision, but just trying to figure out where we are really going. 

They did not fight the case on all four prongs of Howey and did not have the money to fight as broadly.  They seem to have made mistakes.  The judge also indicated that the LBRY token of itself was not a security although he failed to mention it in his written judgements. 

Ripple judgement is now the law and provides the first instance of clarity.

[woodman_73]

15 hours ago, Julian_Williams said:

 and did not have the money to fight as broadly. 

Thanks Julian, it is sad that right or wrong, depends on how much can you afford. 

[JASCoder]

On 7/15/2023 at 4:25 AM, Julian_Williams said:

This judgement was all about making the law into rightness!

Did you also read Matt Levine’s take on this ?

Additionally, there was some excellent pushback on him and his piece by a couple of the popular Twitter people