Saturday, December 10

SEC Says It’s Unopposed To The Ripple’s Request Of Sealing The Expert Testimonies

In a recent SEC letter, it revealed its intention on the recent Ripple request to seal the identities of third parties regarding motions to exclude expert testimonies.

The update was made known by attorney James K. Filan on his Twitter handle:

It all started when Ripple and two of its executives seek to make a motion under three categories of information submitted by the parties opposing the motions to exclude expert testimonies.

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According to the letter, the blockchain company sought to seal the following information:

  1. Identities of certain Ripple employees ( two of them)
  2. Identities of non-parties
  3. Personally information for a particular Ripple employee

Ripple’s Request Of Sealing Is For Privacy

According to Ripple, the request to seal the information is to protect third parties’ privacy interests and it added that the third parties have expressed their interest in sealing their privacy interest.

Ripple’s defendant stated in the motion on the proposition that the applicable standard for sealing is lower than the Daubert motions than for dispositive motions.

For this reason, they considered the standards for sealing Daubert motions to be different than for summary judgement motions.

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SEC Is Unopposed To Ripple’s Request

Surprisingly, the SEC said it is unopposed to Ripple’s request to seal third parties information. As stated by the commission, “Based on defendants’ representation that they consider the standard for sealing the Daubert motions to be different than for summary judgment motions, the SEC does not oppose Defendants’ motion,”

Following the agreement of the SEC, it stated that it opposes the Ripple sealing of the categories of information during the summary judgment briefing, adding that it reserves the right to oppose such requests. 

Facts about Daubert Motion.

This is a specific type of motion in limine, it is usually brought up during or before trial. The purpose is to exclude the presentation of unqualified evidence to the jury. Daubert’s motion is used to exclude the testimony of an expert witness who does not possess the requisite level of expertise or used questionable methods to obtain data.

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