Kenco, the law is based on common sense, however? we have an adversarial system...
i have posted this before, maybe you missed it:
just because someone has electronic shares NOW does not mean they acquired them electronically..they could have deposited certs into their account..
good luck PROVING this is a frivolous lawsuit...
the courts can assume nothing until it is in evidence... sheesh..
and guess what? the friggin IRS DOES assume you are guilty and make you pove your innocence... been there, done that, and won (without a lawyer BTW)..
almost all judges have stock, some even trade on-line.. they are likely to be somewhat intersted in the mechanics of the problem that made this case get to where it is...