Bloomberg Law
Feb. 19, 2022, 2:37 AM

SEC Fight Over XRP Tokens Turns to Ripple Legal Memos From 2012

Olga Kharif
Olga Kharif
Bloomberg News
Peter Blumberg
Peter Blumberg
Bloomberg News

A pair of legal memos Ripple Labs Inc. received a decade ago about XRP tokens are fresh fodder for federal regulators in their fight with the company over whether the digital asset is a security that needs to be registered.

Court filings unsealed Friday show that in a February 2012 memo, Perkins Coie LLP attorneys advised Ripple not to sell the proposed coins, as various conditions could subject them to being regulated as securities or commodities. A second memo by the same firm, dated in October of that year, suggested that XRP may not be considered to be a security ...