by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 12 – The SEC's case against SolarWinds, triggered by the Sunburst hack, was recently trimmed down by a motion to dismiss. On August 12, U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer held a conference. Inner City Press covered it. Thread:
Judge Engelmayer: How many more depositions does the SEC plan?
SEC lawyer: A dozen, some outside of the US. DOJ has conferred with legal counsel in Czechia. Judge: Any prior testimony by them? SEC lawyer: No.
Judge: You wouldn't use these depositions, if not taken yet, on motions for summary judgment, for SolarWinds or the SEC?
SEC's lawyer: We'll take that risk... We've provided notice about our cyber-security expert
Judge: It would bear on accuracy of statements?
Yes Judge: I'm moving the next conference to January 24, in light of a criminal trial I'll be presiding over... SEC lawyer: We made a settlement offer on Friday.
SolarWinds' lawyer: We think it might help, to meet before the Magistrate Judge: I could refer it to her
Judge: With the pruning of the case, who long does SEC estimate a trial would be? SEC's lawyer: Instead of 4 weeks, 3 or less. Judge: The Sunburst narrative is gone? SEC's lawyer: Not entirely.
SolarWinds' lawyer: More like two weeks...
Adjourned.
The case is Securities and Exchange Commission v. SolarWinds Corp., et al., 23-cv-9518 (Engelmayer)
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