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SEC Case Against SolarWinds after Hack Has Fewer Deponents 2 Week Trial Jan 24 Is Next

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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