NorthWest Biotherapeutics Inc (NWBO)

[hankmanhub]

I posted:

Thus either of the above will be a disaster for the MMs et al. Even a "mere" settlement will greatly encourage others to get a "mere" settlement as well. Their only shot at salvation is a WIN at trial.

In fact in the defendants Memorandum, Page 5, in their final argument in support of their MTD, they actually argue exactly that:
"Yet NWBO’s contrived theory would convert routine, regulated market making in virtually every stock in every trading venue across the country into securities fraud, flooding the courts with frivolous copycat lawsuits attempting to end-run the PSLRA, potentially upending the entire U.S. equity market system. Indeed, since the initial Complaint, different plaintiffs’ lawyers have already filed a copy-and-paste complaint on behalf of another company making the same “Baiting Orders” allegations. Permitting NWBO’s claims to proceed to discovery would invite every publicly traded company to try out the same frivolous arguments in the hopes of a windfall, undermining the core purpose of the PSLRA and permitting “a never-ending tide of securities lawsuits [to] flood the courts.” Kemp v. Universal Am. Fin. Corp., 2007 WL 86942, at *14 (S.D.N.Y. Jan. 10, 2007)."