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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