On Wednesday, a federal court in New York heard oral arguments in Coinbase’s motion to dismiss the SEC’s case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security.

Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case.

Show highlights:

Why SEC v Coinbase holds important implications for the U.S. crypto ecosystem
What the SEC alleges against Coinbase, focusing on its trading platform, wallet, and staking services
How Coinbase forcefully counters the SEC's claims as it strives to get the case dismissed
What the “major questions doctrine” entails and its critical role in this dispute
Why Sam perceives the judge as “extremely skeptical” of the SEC's stance
Whether inconsistencies surfaced in the SEC lawyers' arguments
What “strict liability” means and its frequent mention in this legal battle
What takeaways from the Ripple and Terraform Labs cases offer about secondary market sales
Why Sam believes Judge Katherine Polk Failla is exceptionally well-suited for this case
Whether Judge Failla might reject the motion to dismiss, and when

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Guest

Sam Enzer, partner at Cahill Gordon & Reindel
Previous appearances on Unchained:
Why SBF's Testimony So Far Has Likely Already Doomed Him
Another Bad Week for Sam Bankman-Fried in His Criminal Trial
Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
SBF’s Lawyers Could Be Annoying the Judge How Might That Impact the Trial?

Links

Previous coverage of Unchained on the Coinbase case and the topic of securities:
SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States’
These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler
Coinbase’s Legal Action Against the SEC: How It Will Likely Unfold
‘Is ETH a Security?’ Why Gary Gensler Couldn’t Give Congress a Straight Answer
Gary Gensler vs. Crypto: What Will the SEC Attack Next?
Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’

Coinbase vs. SEC

Other cases

Kraken

CNBC: Crypto exchange Kraken settles with SEC for $30 million, will close US staking operation

XRP

Unchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security

Terraform Labs

Reuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law

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