Coinbase will file a final lawsuit on Tuesday over its unregistered securities dispute. A person familiar with the matter said the company will double down on familiar arguments: that the SEC did not prove that the transactions were investment contracts because it did not prove that any actual contracts existed, and that the SEC violated the "material question doctrine" that the federal agency has no authority to Regulation awaits new areas of congressional action.
U.S. District Court Judge Katherine Polk Failla of the Southern District of New York will hear full arguments from both sides after Coinbase’s filing deadline on Tuesday. The judge has the authority to dismiss the case, although dismissal of government enforcement actions is generally unlikely at this stage. (CoinDesk)