Following the decision of a federal judge to allow a lawsuit against Dapper Labs’ NBA Top Shot nonfungible tokens (NFTs) to go forward, the chief legal officer of the Blockchain Association stated that “it would be absurd” for a United States court to rule that digital assets on private blockchains are securities. This statement was made in response to the judge’s decision to allow the lawsuit to go forward.
U.S. attorney Jake Chervinsky issued a statement after a federal court refused a move to dismiss a 2021 lawsuit claiming Dapper Labs of marketing NFTs as unregistered securities. The ruling prompted Chervinsky’s comments.
Chervinsky was one of a number of attorneys who posted on Twitter to repeat that the judge’s rejection of the motion does not indicate that a decision has been reached about the complaint; rather, it just indicates that the lawsuit was “facially plausible.”
“The judge didn’t make any decisions at all. Because the securities allegations were at least “plausible,” an exceedingly low standard and not at all a final determination, he permitted the case to go beyond a request to dismiss it. He noted that this decision was not a final judgement at all.
“Putting this debate to the side for a moment, it would be completely ridiculous if every valuable digital object held on centralized databases was a security.”
According to his explanation, this would force every major video game producer, event ticketing site, travel rewards program, and so on to become publicly traded companies that are subject to regulation by the SEC.
Jesse Hynes, an additional attorney in the United States, weighed in on the move in a tweet on February 22. He said that motions to dismiss are “rarely ever successful” due to the fact that the plaintiff just has to allege sufficient evidence for the case to continue.
“The court concluded in the Dapper case that the plaintiff presented sufficient evidence showing, IF ALL THE ALLEGATIONS ARE TRUE, then there is a securities breach,” the judge said.
“Now we enter the phase of discovery in which we seek to uncover what the actual facts are. The attorney continued by saying that after that is finished, Dapper would most likely submit a move for a summary judgment.
The charges that Dapper Labs distributed the NBA Top Shot Moments NFTs on a privately-run blockchain were a “fundamental” component for the court’s decision to deny the motion to dismiss, according to another United States attorney by the name of James Murphy, also known as “MetaLawMan.”
As a result of this, MetaLawMan proposed that the fact that XRP (XRP) is issued on a public blockchain “could be considered a net positive” for Ripple in its case against the U.S. Securities Exchange Commission (SEC). This was prompted by the fact that this “could be considered a net positive” for Ripple.
Plaintiff Jeeun Friel initiated the class-action lawsuit against Dapper Labs in May 2021. In the complaint, Ms. Friel said that the defendant offered NFTs in the capacity of unregistered securities.
On February 22, Judge Marreo ruled against the plaintiff’s petition to dismiss the complaint. He said that the method through which Dapper Labs provides the NFTs has the ability to establish a suitable legal connection between investors and themselves, which fulfills the investment contract conditions outlined in the Howey test. This is the case because the Howey test was developed.
However, given that Marreo said that not all NFTs would constitute securities and that each case will need to be evaluated on a case-by-case basis, it is very doubtful that the eventual result of this case will set a precedent for NFTs.
In the 15 minutes after the termination, the price of the Dapper Labs-issued Flow (FLOW) token dropped by 6.4%, moving from $1.24 to $1.16. According to CoinGecko, the FLOW token has recently made a comeback and is now trading at $1.29.
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