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“It eliminates naked short selling completely as well as other forms of mischief,” Byrne said of Delaware’s overhaul in an interview. “If this had come along 10 years ago, I would’ve recognized it as the solution.” (While defendants in lawsuits filed by Byrne eventually settled, no one was ever held liable for naked short selling Overstock’s shares.) Overstock lawyers are currently working to convert the company’s shares to digital, he said. “If we get to a world of digital securities, then there isn’t a need for DTC and Cede & Co. any more,” Byrne said. “It’s a really huge step in returning to clean capital markets.”
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