This is a legal opinion. It is quite legal for any lawyer to issue an opinion, even in written form to a TA.
The SEC has a problem with the 'opinion'.
They disagree with that opinion, that's all. If it goes to court the lawyer will have every right to defend the opinion and the SEC lawyers will be able to present their case.
When it is over, the opinion will be upheld or denied. If it is upheld the complaint will be denied, if the opinion is denied the SEC requested relief will be granted. Read the request for relief and you will see exactly what is at stake. Fines.
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