Australian lawyer Bill Morgan, who supports Ripple, has predicted that both Ripple and the SEC will appeal Judge Torres' recent summary judgment ruling in the ongoing SEC v. Ripple lawsuit. Morgan's prediction is in line with that of Marc Fagel, a retired attorney specializing in SEC enforcement and securities litigation.

Both lawyers believe that the regulatory agency has a better chance of having Judge Torres' decision on programmatic XRP sales reversed. Ripple is expected to appeal the ruling on ODL-related XRP sales, as the Howey test, a longstanding securities test, does not apply to them.