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S.E.C. v. LBRY, INC.

No. 21-1618.

26 F.4th 96 (2022)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellee, v. LBRY, INC., Defendant, LBRY Foundation Inc., Movant, Appellant.

United States Court of Appeals, First Circuit.

February 17, 2022.

Attorney(s) appearing for the Case

Cory C. Kirchert , with whom Adriaen M. Morse, Jr. , Simon R. Brown , Arnall Golden Gregory LLP, and Preti Flaherty Beliveau & Pachios, PLLC were on brief, for appellant.

Paul G. Alvarez , Senior Litigation Counsel, with whom Dan M. Berkovitz , General Counsel, Michael A. Conley , Solicitor, and Dominick V. Freda , Assistant General Counsel, were on brief, for appellee.

Before Lynch, Thompson, and Gelpí, Circuit Judges.

The question presented in this appeal is whether the district court's denial of intervention as of right to LBRY Foundation Inc. ("Foundation") in a Securities and Exchange Commission ("SEC") civil enforcement action against defendant LBRY, Inc. (not Foundation) was an abuse of discretion. The SEC charges that LBRY failed to...

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