The newest development in the XRP lawsuit will become a main determinant in the SEC’s long-standing Deliberative Process Privilege (DPP) argument. Also, Judge Netburn orders both parties to present supplemental briefs by December 8. This brief will be on Defendants’ Motion to Compel, to the 11/29 decision by U.S. Court of Appeals in a non-relating case dealing with DPP.
“#XRPCommunity #SECGov v. #Ripple XRP Judge Netburn orders the parties to file…”
“supplemental briefing on Deliberative Process Privilege in light on recent Second Circuit case.” https://t.co/KojVb9SOQZ pic.twitter.com/HCYJYAtwuW — James K. Filan 🇺🇸🇮🇪 (@FilanLaw) December 3, 2021
More so, as per a decision of the 11/29 case, all the conversations in the agency for the process of the disclosure of information, are under protection by DPP. Of course, this means that records on consultative processes. Furthermore, the SEC may want protection under DPP even for documents having information on a specific decision-making process.
Also, After aligning this to XRP, Ripple’s Motion to Compel the discovery of three additional documents by the SEC for in-camera review. Of course, the plaintiff may have permission to seek protection for these documents once they are under “consultative process”.
“Agencies exercise policy-oriented judgment when determining how to communicate with…”
“people outside the agency about a policy. Therefore, the deliberative process privilege…”
“shields otherwise deliberative agency records that relate to and precede an agency’s…”
“communications decision. In this context, a record is “deliberative” if it reflects discussions…”
“about what the agency should say about a policy or how to formulate that message…”
“Additionally, an agency may invoke the deliberative process privilege by connecting a…”
“record not only to a specific contemplated decision but also to a specific decisionmaking process.”,
Lastly, this is according to the 11/29 decision by U.S. Court of Appeals.