N4, I don't know but I would have to ask you on what grounds or theory would you base the counter suit on? Is it the mere fact that the filing of the suit caused the price to go down? The argument would be that isn't the firms fault, its Wave's for allegedly putting out false information. Is the theory that the suit is frivolous? I'm not sure we can make that determination until the SEC gives its ruling and if they rule in favor of Wave, the suit will be either dropped or the court will grant a motion for summary judgment IMO. You have to state a claim upon which the court can grant releif, and right now I'm not sure what that claim is.
MIG
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