Two attorneys who support the use of XRP, a cryptocurrency associated with Ripple, have predicted that Ripple will not succeed in its attempt to have testimony provided by SEC accountant Andrea Fox struck from the record. Lawyers Bill Morgan and Jeremy Hogan shared their opinions in response to Ripple’s reply brief to the SEC’s opposition to the motion to strike. Ripple wants Fox’s testimony removed because they claim she is an expert witness, while the SEC argues she is a summary witness. Ripple argues that the SEC should have disclosed Fox’s identity during the discovery phase, but the SEC maintains that Fox is a summary witness who simply summarized existing facts. In their reply brief, Ripple reiterated their claim that Fox is an expert witness and argued that the SEC failed to dispute their argument. Ripple also stated that even if Fox is a summary witness, the SEC is required to reveal her identity before the end of the discovery phase. Legal experts, including attorneys James K. Filan and Jeremy Hogan, believe that Ripple will lose the motion to strike. They suggest that even if the court finds Fox to be an expert witness, Ripple may still be allowed to depose her. The court’s decision on the motion is expected soon, and the outcome is uncertain. Meanwhile, the crypto community is waiting for the SEC to file its reply to Ripple’s opposition to its opening remedies brief. The SEC’s reply brief is due on May 6, after which the court will issue its decision on remedies.
