Ripple’s General Counsel Questions SEC’s Courtroom Setbacks Under Gensler

The Securities and Exchange Commission (SEC) is navigating through a complex legal landscape, marked by a notable court decision from the Fifth Circuit Court that casts a critical eye on the agency’s regulatory actions, particularly in how they may affect the digital asset space.

Ripple’s top legal executive, Stuart Alderoty, has taken a vocal stance on the SEC’s recent courtroom challenges under Chairman Gary Gensler’s administration.

Alderoty highlighted what he perceives as a “deeply concerning trend” in the SEC’s decision-making process, criticizing them as arbitrary and lacking robust legal underpinning.

His remarks come on the heels of an Oct. 31 ruling by the Fifth Circuit Court of Appeals, which lambasted the SEC’s policy on the disclosure of stock buybacks for being arbitrary and not adequately supported. The court’s demand for the SEC to deliver more substantial grounds for its rules resonates with the victory Ripple secured in the XRP litigation back in July 2023.

This string of legal contests reflects a growing examination of the SEC’s regulatory and enforcement strategies, which is particularly salient in the fast-evolving realm of cryptocurrencies. In the landmark case involving XRP, Judge Analisa Torres sided with Ripple’s executives, dismissing the lawsuit against CEO Brad Garlinghouse and co-founder Chris Larsen.

Particularly impactful was the Summary Judgment on July 13, which sided with Ripple on the issue of XRP token sales to retail investors, a decision that may shape the regulatory framework for the crypto industry significantly.

Additionally, the SEC’s reporting rule, which mandates that companies disclose their share repurchase activities on a daily basis each quarter and justify these buybacks, has met resistance from business entities and trade organizations.