The verdict is a setback for Roche Freedman, as founding partner Kyle Roche was shown bragging in recordings provided on the website Crypto Leaks about the firm's association with the cryptocurrency startup Ava Labs. In a hearing on Thursday, Katherine Polk Failla, a U.S. district judge for the Southern District of New York, warned that the firm's continuing involvement in the case could cause the legal process to stall. She promised to remove the company from her first lead counsel appointment.
It would not be in the best interests of the class for the firm to continue acting as counsel "with the metaphorical baggage they now carry," according to Failla. In a hearing on October 3, Failla referred to Roche's remarks as "uniquely foolish" and questioned co-founder Devin "Velvel" Freedman about the firm's actions during the 2019 lawsuit's legal proceedings.
For the proposed class, the law offices Selendy Gay Elsberg and Schneider Wallace will continue to serve as lead counsel, investigating the defendants' alleged price-fixing allegations.
Roche has denied that his business has pursued legal action against rivals of Ava Labs. According to Emin Gün Sirer, CEO of Ava Labs, Roche made misleading claims about their relationship in the recordings published on Crypto Leaks. After the tapes were made public in August, Roche's company fired him and forbade him from participating in any future class actions. Freedman suggested that these measures were taken to guard against the impression of improper behavior.
Nevertheless, Bitfinex and Tether filed a motion to remove Roche Freedman from the case because the remarks created questions about the firm's intentions. Meanwhile, Roche Freedman's co-counsel claimed that dismissing the firm would remove a distraction. A different plaintiffs' firm submitted a motion to replace Roche Freedman as lead counsel, but Failla denied that request on Thursday.