Crypto Class Action Update - Two day interlocutory hearing in early Feb

I've been very busy with the legals of the Crypto Class Action for the last few months and have been remiss in providing an update.

Here is a quick summary:

  • Meta and Google were served with proceeding in mid-August 2022.
  • the first case management hearing was set for 21 September 2022.
  • shortly before the hearing Google appointed my old law firm, Herbert Smith Freehills, to represent them and Meta appointed Corrs Chambers Westgarth, another top law firm.
  • at the first case management hearing the Respondents, represented by barristers and these solicitors, indicated that they wished to bring a number of interlocutory applications in addition to my existing No Adverse Costs Order application.
  • the Judge didn't have time in her schedule to hear all the interlocutory applications together and considered that the Respondent's application to stay or declass proceedings should be heard first.
  • a two day hearing of this interlocutory application was scheduled for 2 - 3 February 2023.
  • the Respondents sought production of certain records regarding the JPB Liberty litigation funding arrangements and SUFB tokens and there was dispute between the parties regarding issues related to this production, including the previous orders' application to public documents on the Hive blockchain and the extent of redaction of sensitive information.
  • at a second case management hearing on 27 October 2022 those issues were resolved (and I am happy that the interests everyone who signed up to or funded the class action were protected).
  • the Respondents have submitted their evidence, which includes lots of @jpbliberty Hive posts and information about the operation of Hive and blockchains generally.
  • I am now preparing my evidence and submissions which are due on 22 Nov and 13 Dec respectively.
  • I am planning to travel to Australia in February 2023 to appear in person at the two day hearing as video appearances in the middle of my night are fine for short hearings but not for multi-day ones.

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I'm just going to add here a little colour: this summary is by necessity brief and very high level.

I'm working closely with Andrew and I would like you to understand just how much work Andrew has put in to this and how hard he's fighting for all of us.

This phase of the case carries with it significant financial penalties if our case is thrown out and Andrew is liable for the costs of two of the biggest law firms in Australia who are working for two of the biggest companies in the world. Down the road we hope this will turn around, but for now we're still at risk.

The case is already generating large amounts of work, requests to be answered and cases to be looked up and studied. As you'd expect from top law firms on the other side, they are throwing everything at us and deploying significant legal resources.

This fight is going to take a while, but at the root of it, these companies did enormous damage and Andrew is going to hold them to account and with a bit of luck give a boost to the true decentralised Web 3.0.

if the risk materializes, hivers could certainly help mitigate some of it.

I admire your persistence.

in many cases is better a bad arrangement rather than a lenghty legal battle

good work and good luck!

@tipu curate

Good jobs

Good luck!