Jeremy Hogan, a renowned attorney, and partner at Hogan & Hogan P.A., recently shared crucial insights on Ripple’s pivotal turn in a legal battle against the SEC. In an enlightening discussion during a recent episode of CryptoLaw TV, Hogan stated that the documents related to William Hinman could significantly bolster Ripple’s defense strategy.
Ripple’s Defense Strategy Gains Ground
According to Hogan, the emails associated with Hinman could illustrate a picture of an SEC as confounded as Ripple itself. If this narrative could be effectively communicated to a jury, Hogan believes that Ripple might have a strong chance at bolstering their fair notice defense.
He was keen to clarify that this is not a mere case of Ripple pleading ignorance of the law but rather an exploration of the SEC’s inconsistent guidance on the matter. Throughout the discussion, Hogan emphasized the need to highlight the SEC’s actions in providing guidance and settlements in the crypto space.
In Hogan’s view, a close inspection of these actions would reveal a measure of contradictory guidance, especially considering the SEC’s somewhat backtracking stance on Hinman’s speech. If Ripple can successfully present these contradictions before a jury, the possibility of a strong defense is within reach.
Jury Trial By 2024?
While summarizing his views on the potential outcome of Ripple’s lawsuit, Hogan drew attention to the discrepancy between what might occur in a summary judgment and a jury trial. He candidly admitted that cases he had been confident of winning at the SEC level sometimes fell through due to the unpredictability of a jury trial.
The possibility of swaying the jury with an emotional appeal or an effective pitch cannot be discounted. The fact that the SEC was still grappling with its approach to crypto at the time of Ripple’s lawsuit could also prove to be a strong point in Ripple’s favor in front of a jury, said Hogan.