“Much of Binance’s brief has been focused on what I would call loose-leaf policy arguments: Congress is working on this, the SEC has taken contrary positions in the past. And you could certainly have a legitimate discussion about fairness, using litigation to regulate the cryptocurrency industry after years of inaction, or whether it makes sense as a policy matter to go token-by-token, court-by-court and risk, as we already gotten, some conflicting decisions on different important points, but how does any of that bear on a motion to dismiss?” she asked.
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Author: Nikhilesh De
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