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Coinbase is renewing its appeal in its legal battle with the SEC, seeking an interlocutory appeal to review how the “Howey Test” is applied in determining securities classification. This comes after the SEC contested the Ripple ruling, claiming it contradicts legal precedents. Coinbase’s October 4 letter to Judge Katherine Polk Failla emphasized the importance of its appeal running parallel to the SEC’s to provide a clear view of the regulator’s legal stance. The Exchange believes this will help address confusion around the SEC’s litigation approach. Legal experts, like attorney James Murphy, consider Coinbase’s strategy smart and feel the Ripple appeal could strengthen Coinbase’s position in the case.
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Source: https://coinpedia.org/crypto-live-news/coinbases-howey-test-appeal-the-key-to-beating-the-sec/