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Binance and SEC Seek Delay in Legal Battle as New US Crypto Policy Develops

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Binance and the U.S. Securities and Exchange Commission (SEC) have jointly requested a 60-day pause in the SEC’s lawsuit against the crypto exchange. This motion, filed on Monday, comes amid the formation of a new SEC task force aimed at regulating the cryptocurrency industry, which may influence the outcome of the case.

The stay request marks a shift away from the SEC’s aggressive crypto enforcement under previous Democratic leadership. The task force, launched last month, is expected to play a role in shaping regulations that could impact the resolution of ongoing cases, including Binance’s. This development is seen by some as a sign of the SEC’s potential pivot toward a more crypto-friendly stance, aligning with President Donald Trump’s vision to establish the U.S. as a global leader in the crypto space.

The SEC’s ongoing lawsuit, filed in June 2023, accuses Binance and its founder, Changpeng Zhao, of inflating trading volumes, diverting customer funds, and misleading investors regarding market surveillance controls. Binance has consistently denied the charges, claiming the case is without merit. The company is eager to resolve the matter and focus on maintaining its position as a secure and trusted exchange.

While the SEC has declined to comment beyond the court filing, the motion reflects broader changes at the agency, including a shift in leadership priorities under President Trump’s administration. At a Federalist Society event, SEC Commissioner Hester Peirce criticized the previous approach of using enforcement to set policy, suggesting that a new direction was needed.

Some critics, however, view the stay as a sign of the SEC’s shifting stance on crypto. Former SEC official Corey Frayer expressed concern, arguing that delaying the case could signify the agency’s failure to uphold its duties in protecting investors and enforcing securities laws.

Binance’s legal troubles have also included an admission in November 2023 that the exchange violated anti-money laundering laws, with Zhao serving prison time for related charges. Despite these issues, the overall approach to crypto regulation has shifted sharply since President Trump took office, with the administration making efforts to position the U.S. as a more crypto-friendly environment.

Musk’s Lawsuit Against OpenAI May Proceed to Trial, Judge Says

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A U.S. District Judge, Yvonne Gonzalez Rogers, announced on Tuesday that parts of Elon Musk’s lawsuit against OpenAI could go to trial, with Musk himself required to testify in court. The case, which centers on Musk’s effort to block OpenAI’s transition to a for-profit entity, is evolving into a public legal battle between Musk and OpenAI CEO Sam Altman.

Judge Rogers, presiding in Oakland, California, stated that “something is going to trial in this case,” and indicated that Musk would be called to the stand to present his case to a jury. She also noted that Musk’s legal team had not provided sufficient evidence to issue a preliminary injunction halting the transition, suggesting the possibility of an evidentiary hearing where both sides could present witnesses and evidence.

The case stems from Musk’s claims that OpenAI’s founders initially approached him to help fund a nonprofit organization focused on developing artificial intelligence (AI) for the benefit of humanity. However, Musk contends that OpenAI has since shifted its focus to making a profit. Musk’s lawsuit, filed last year, expanded to include antitrust and other claims against the company. He has asked the court to prevent OpenAI from completing its transition to a for-profit business.

OpenAI, in its defense, has moved to dismiss Musk’s claims, arguing that Musk should focus on competing in the marketplace rather than through legal channels. The company argues that restructuring to a for-profit entity is necessary to secure the capital needed to continue developing advanced AI models. A recent fundraising round of $6.6 billion and a potential future round of up to $25 billion from SoftBank hinge on OpenAI’s restructuring.

The situation has raised questions about the unusual nature of nonprofit organizations converting into for-profit entities. Rose Chan Loui, executive director of the UCLA Law Center for Philanthropy and Nonprofits, pointed out that such transitions are typically seen in health care sectors, not in venture capital-backed tech companies.

 

Google Appeals to Overturn App Store Verdict in Legal Battle with Epic

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Alphabet’s Google and Epic Games faced off in a U.S. appeals court on Monday, as Google sought to overturn a jury verdict and a judge’s order requiring it to modify its app store policies.

During the hearing before the 9th U.S. Circuit Court of Appeals in San Francisco, Google’s attorney argued that the trial judge had made legal errors that unfairly benefited Epic Games. The lawsuit, initially filed in 2020, accused Google of monopolizing app distribution and in-app payment systems on Android devices. A jury ruled in favor of Epic in 2023, leading U.S. District Judge James Donato to order Google to implement reforms, including allowing users to download competing app stores via the Play Store.

Google has appealed the decision, which is currently on hold. Jessica Ellsworth, representing Google, contended that the company faces strong competition from Apple’s App Store and that the trial judge had improperly limited Google’s ability to present that argument. However, Judge Danielle Forrest of the 9th Circuit challenged Google’s stance, emphasizing differences between the Android and Apple ecosystems.

Epic’s attorney, Gary Bornstein, urged the court to uphold the previous ruling, arguing that Google’s app store policies had harmed competition for years. He also dismissed Google’s claims that the required changes would compromise user privacy and security.

The case has attracted support for Epic from Microsoft, as well as the U.S. Justice Department and the Federal Trade Commission. A decision from the 9th Circuit is expected later this year, with the possibility of further appeal to the U.S. Supreme Court.