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Thursday, December 01, 2022 4:14:11 PM
Grip I meant to discuss damages, just forgot. The damages for a share seller are measured by the difference between the hypothetical “should have been SP without illegal manipulation” less price received. Here NWBO as the plaintiff alleges it sold 49 mm shares, the price of which were illegally manipulated to be lower than if that manipulation had not occurred. Fraud, sec 10b and 9a all apply essentially the same calculation and no, one cannot collect the same damages 3 times for each theory even if successful on all.
Theoretically any individual shareholder who has sold any share or shares during the period of illegal manipulation (if proven) would have the same claim and measure of damages. Is that class-action suit coming? All of the work is done regarding the alleged manipulative trading a plaintiff lawyer only needs interested sellers who sold during the “Relevant Period” identified in the NWBO suit.
FYI the measure of damages for trading on inside information is 3x profit of the trader. That is not alleged here and in an algo case that would not seem to me to make sense, plus there is no evidence of which I am aware.
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