Discovery does not "work both ways." Each party in the lawsuit must know what to ask for and it must be relevant to the case. Defendants cannot go on a fishing expedition asking for every single piece of paper that's ever come across the eyes of Linda Powers. Nor will NWBO be forced to open their books any further than what's been reported in SEC filings. Discovery only involves evidence that can prove or disprove elements of the case.
Spoofing is the subject of the case not the conspiracy theories put forward by short sellers. Northwest Biotherapeutics isn't vulnerable to discovery in any way since they're not on trial. Nothing Northwest Biotherapeutics did or could ever do would enable or justify Market Makers to engage in criminal behavior.If defendants algorithms are designed to spoof then their intellectual property could be asked for in discovery which explains why they will likely want to settle!
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