The US Securities and Exchange Commission dropping its appeal against Ripple is the “final exclamation point that these [XRP] tokens are considered digital commodities, not securities,” crypto lawyer John Deaton told Cointelegraph.
Deaton added that there is still a $125-million judgment against Ripple over the improper selling of the XRP cryptocurrency, which perhaps the company can negotiate down now that the SEC has dropped its appeal.
Deaton is a well-known lawyer who represented XRP holders, arguing that their interests were not being represented in the SEC’s case against Ripple. He’d later run against Elizabeth Warren, a vocal crypto critic, for a senate seat to represent Massachusetts in Washington, DC.
Related: Why is the Ripple SEC case still ongoing amid a sea of resolutions?
Will Ripple drop its cross-appeal?
One factor that will play out going forward is Ripple’s cross-appeal, which was filed in October 2024. Deaton believes the SEC doesn’t want Ripple to proceed with the cross-appeal because a ruling could hurt the commission’s jurisdiction and affect other cases.
That gives Ripple some leverage in negotiating the settlement. “Everything’s turned,” Deaton said. “The election’s turned, the industry turned, the SEC [has] completely done a 180 as it relates to the industry. Why should we pay $125 million?”