At the last hearing over the $4b, the following happened.
While our lawyer was speaking - sideways
While JPMs lawyer was speaking - up
While FDICs lawyer was speaking - DOWN HARD
Everything is news driven -- even speculation is trying to anticipate the news.
Until a settlement is reached (if it ever happens) the only news is out of a courtroom.
I have watched ag commodities ahead of USDA reports. They behave just like this one has leading into this hearing --- push in one direction or another and then stabilize as the event draws near.
Sometimes you will see a spike (in either direction) right at the close. (Speculators laying their last bets.)
Of course these are stocks and the decision will not be reached before the market opens tomorrow either.