I agree. The Phunware case cited the NWBO case as to why it is spoofing.
Phunware decision yesterday stated:
”Viewed in the light most favorable to Plaintiff, the instances of sales within seconds of Defendant's spoofing activity are sufficient to plead loss causation under the temporal proximity theory using a common-sense inference. See Nw. Biotheraputics, Inc., 2023 WL 9102400, at *30
(holding that the 30 instances of trading within an hour of the spoofing activity were temporally proximate enough to justify a common-sense inference that plaintiff's stock sales occurred at an artificially depressed price).”