I agree that causation may become the issue. However, under 10b-5, even an unsuccessful attempt at spoofing without successful price manipulation would be actionable. This would severely impact the damages but would still trigger the attorney fees provision.
Thank you for this review and interpretation of the legalese.
I've never looked closely at a well written lawsuit before. My naivete was exposed to me when I encountered the first prayer. Terminology can be so intimidating.