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Home Source documents Exhibit 32: Deposition of Steven Grenadier (Dkt. 559-34)

Exhibit 32: Deposition of Steven Grenadier — In re January 2021 Short Squeeze Trading Litigation (Dkt. 559-34, S.D. Fla.)

Summary

Exhibit 32 (Document 559-34) in In re January 2021 Short Squeeze Trading Litigation, No. 1:21-MD-2989-CMA (Case 1:21-md-02989-CMA), entered on the FLSD docket April 28, 2023: 17 pages of excerpts from the transcript of the deposition of Steven Grenadier, Ph.D., taken by remote Zoom proceedings from Menlo Park, California on Wednesday, April 19, 2023 and reported by Leslie Rockwood Rosas, RPR, CSR 3462. In the excerpted testimony Grenadier describes being an index investor with a well-diversified portfolio, more risk averse than the average person, holding California municipal bonds and short-term treasury bonds, and never trading on momentum or making short-term trades in equities. The excerpt closes with testimony that the Robinhood restrictions were essentially sell only, no buy, and over time weakened to limits.

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Cite this document

“Exhibit 32: Deposition of Steven Grenadier (Dkt. 559-34).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-04-28-covid-era-misc-8e7f7216-1/, SHA-256 8e7f7216377831e8c3b8f294e0cd280145e9663bdd21e6b8a8d98bf4f8884084.

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Case 1:21-md-02989-CMA Document 559-34 Entered on FLSD Docket 04/28/2023 Page 1 of
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            EXHIBIT 32
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                                                                    Page 1

    1                   IN THE UNITED STATES DISTRICT COURT
    2                  FOR THE SOUTHERN DISTRICT OF FLORIDA
    3
    4
    5       IN RE JANUARY 2021 SHORT
            SQUEEZE TRADING LITIGATION                  No. 1:21-MD-2989-CMA
    6       ____________________________/
    7
    8
    9
  10
  11
  12                   DEPOSITION OF STEVEN GRENADIER, PH.D.
  13                           Remote Zoom Proceedings
  14                           Menlo Park, California
  15                          Wednesday, April 19, 2023
  16
  17
  18
  19
  20
  21
  22
  23       REPORTED BY:
  24       LESLIE ROCKWOOD ROSAS, RPR, CSR 3462
  25

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    1            Q.    And what type of investment strategies have you

    2      used in the past?

    3            A.    So I am basically an index person.           So I have a

    4      very well-diversified portfolio, and I mean diversified

    5      across countries, asset classes, all that kind of stuff.

    6      So I'm very much -- very diversified.              I would say I --

    7      my only -- only idiosyncratic nature is I'm probably

    8      less risk -- more risk averse than the average person so

    9      I generally keep a higher component of my money in low

  10       risk fixed income than -- than most people do.

  11             Q.    Like corporate fixed income or government fixed

  12       income?

  13             A.    Generally government fixed income.           So of that,

  14       of course, is for tax reasons, I hold a lot of California

  15       municipal bonds, but I also own a lot of relatively

  16       short-term treasury bonds.

  17             Q.    Do you -- do you ever trade on momentum?

  18             A.    I do not.

  19             Q.    Do you ever make short-term trades in equities?

  20             A.    I never have.

  21             Q.    What is the fundamental value of a stock?

  22             A.    So generally, so that's -- that's not a -- that

  23       term can be defined different ways by different people.

  24       Let me try to give you my best understanding of a sort of

  25       umbrella meaning to that.

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    1                  Fundamental value of a stock is the present

    2      value of all future cash flows that you will receive by

    3      holding stock.

    4                  Now that might sound sort of definitional, but

    5      it's actually a very important concept.                We hold

    6      stocks -- they're not like widgets.                We hold stocks for a

    7      particular reason, and that's because we want earnings

    8      from them.     We want cash flows from them.

    9                  And so given that basic idea, anything that

  10       determines those underlying cash flows is what we would

  11       consider a fundamental value.          So, for example, type of

  12       things that influence those future earnings would be

  13       expectation -- excuse me, cash flows, would be

  14       expectations of things like revenues, profits,

  15       competition, and of course, underlying riskiness.

  16                   So it's these company-specific characteristics

  17       that would drive a fundamental value as opposed to

  18       non-fundamental things such as frenzies and bubbles and

  19       madness of crowds, that kind of stuff.

  20             Q.    Is there -- do you know how to derive the

  21       fundamental value of a stock?

  22             A.    Unfortunately, there is no one fundamental value

  23       of a stock.     We try our best to get a good estimate of

  24       it, but it's -- it's a -- something we try to approach.

  25       But I don't believe there is a known fundamental value.

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    1      In a metaphysical sense, maybe there is one that's known

    2      to some sort of deity, but in general, all we can do is

    3      estimate it.

    4                  So I've never thought that there is a

    5      fundamental value that I can grab onto, but we try very

    6      hard to estimate it.

    7            Q.    You've done damages analyses in securities class

    8      actions before; is that right?

    9            A.    Yes.

  10             Q.    All right.   Now have you ever used the term

  11       "true value" in connection with a securities class action

  12       damages analysis?

  13             A.    I don't know.    It's possible.         It's not the type

  14       of term that falls right out of my lips.              So it's

  15       possible.     It's not the normal term I use, but it is

  16       possible I've used that in some report.

  17             Q.    Okay.   So, you know, in the typical Section

  18       10(b) securities class actions, you know, stock drop

  19       case, how would you measure per-share damages?              What's

  20       the simple calculation you would typically use to

  21       measure?

  22             A.    So generally in most of these cases, there's

  23       something I would call conceptual, which is the

  24       difference between an actual value at a time, you know,

  25       in the real world, versus a but-for value, which is a

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    1      been announced at $8 versus $10.              You were trying to

    2      figure out as best you can what the stock would have

    3      traded for in that but-for world.

    4            Q.    And is it -- is it necessarily true there the

    5      but-for value is equal to its fundamental value?

    6                  MR. RYAN:   Objection to form.

    7                  THE WITNESS:     So, again, I don't normally think

    8      of the fundamental value there.              I don't know.   I would

    9      normally think of it -- I think the best way I convey it

  10       is the but-for price would have been an economist's best

  11       estimate of what the price would have been in the actual

  12       world had the circumstance -- circumstances had been what

  13       is described in the but-for world, what the price would

  14       have been in that world.

  15             Q.    BY MR. ROSEN:      Do you have any sense of what

  16       portion of the volume of trading on the NYSE and NASDAQ

  17       that is represented by investors who buy primarily based

  18       on their view of the fundamental value?

  19             A.    I don't know the answer to that question.

  20             Q.    Okay.   So, well, you know, is it true that

  21       there's a quite a lot of people or there are many people

  22       who -- who are considered -- who consider themselves

  23       value investors or value investing is sort of a strategy,

  24       an investment strategy that people use, some people use.

  25                   Is that fair?

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    1            A.    It is fair.    But I would add that what one

    2      person called a value investor is very different than

    3      others.     I -- I teach a class that's primarily on value

    4      investing.     And even people who are real-world value

    5      investors, they have very different views of what value

    6      investing is.     It's sort of a constant shock to me.

    7                  But value investing as a term is used all the

    8      time among certain kinds of investors.

    9            Q.    Have you ever heard of the investment strategy

  10       called technical analysis?

  11             A.    I have.

  12             Q.    And what do you understand that to be?

  13             A.    So, again, with the caveat that that's a very

  14       broad term, technical analysis is -- technical analysis

  15       is generally used by investors who focus more on what I

  16       would call trends and timing issues.

  17                   So an example of a technical analysis put to

  18       work would be somebody who believes in what you asked me

  19       earlier about momentum.        They may believe over certain

  20       time horizons stocks that went up are more likely to go

  21       up again.

  22                   There are also technical analysts who do the

  23       exact opposite, and they try to find stocks that moved up

  24       recently, and they think they're going to go back down.

  25                   So for any sort of drawing I could do on a

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    1      chalkboard of a price path of a stock, I could find

    2      analysts that see all different -- technical analysts

    3      that see all sort of things.            But in general, technical

    4      analysis is focused on trends and pattern spotting.

    5              Q.     And are there -- are there investment funds that

    6      use technical analysis as an investment strategy?

    7              A.     I'm sure there are.

    8              Q.     What about high-frequency trading?      Could --

    9      what exactly is this?

  10               A.     Sure.

  11                      It -- a lot of high-frequency trading would fit

  12       into technical analysis.          So high-frequency trading, very

  13       generally, is doing some sort of pattern recognition, but

  14       as the name implies, over very short frequencies,

  15       sometimes fractions of a second.

  16                      And generally nowadays, they're computer driven,

  17       and the competition in that world has gotten down to who

  18       has the fastest connection to the trading platform.               And

  19       so they compete over large amounts of investments in some

  20       sort of wire or wireless technology to trade as fast as

  21       possible, seeking profits from very short-term trading

  22       patterns.

  23               Q.     Now I've heard the term "program trading" in the

  24       past.        Is that -- is that a broader -- is -- is

  25       high-frequency trading a subset of program trading?

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    1            A.    I would say so because they're both often --

    2      obviously for high frequency, they're computer generated,

    3      there's not an individual that's thinking in split

    4      seconds.     They're both computer driven.

    5                  But there's a large body of trading that's

    6      program trading that's very different.             So an example

    7      might be a strategy that uses a computer to formulate

    8      hedges.

    9                  So an institution might use computer trading

  10       that would invest in an equity that the computer figured

  11       out how to get an insurance like put option on it at the

  12       same time to get rid of some of downside.

  13                   And that's not necessarily the same thing as

  14       high-frequency trading.

  15             Q.    And earlier the term "momentum trading," I don't

  16       know if I mentioned it or you mentioned it.             Could you

  17       explain what "momentum trading" is?

  18             A.    Sure.

  19                   Let's just be generic for the moment and just

  20       say there is a horizon, which could be a week or a month

  21       or a day.     And momentum generally believes that what we

  22       call there is positive auto-correlation.             That is a rise

  23       in a security's price over a particular period of time is

  24       more highly to be followed by a subsequent rise.

  25                   So that's a particular pattern, and momentum

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    1      traders sometimes believe there are such patterns over

    2      these split seconds that we previously spoke about.             But

    3      they also believe that it may also be true over longer

    4      periods like weeks or months.

    5                  I am not aware of a momentum trader that

    6      believes they last for many years.             In fact, generally

    7      people believe the opposite over longer periods of time.

    8            Q.    What about the investment strategy called trend

    9      following?     Is that separate from momentum trading?

   10            A.    I would put -- so that's not a term that I use.

   11      I would view trend following as a -- as an analogous term

   12      for technical analysis.

   13            Q.    Okay.   So what about "swing trading"?         Do you

   14      know what "swing trading" is?

   15            A.    I don't.

   16            Q.    How about the investment strategy called "moving

   17      average crossover"?

   18            A.    I know what a moving average is.          That's sort of

   19      a -- you know, if you have a list of data, you can

   20      calculate an average, and then every day that data shifts

   21      forward another day, and you can calculate another

   22      average.     And you can track those averages over time.

   23                  That's all -- I know what a moving average is.

   24      The strategy you're talking about conveys that it uses

   25      the moving average, which sounds like technical analysis,

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    1      but I do not know that particular strategy you mentioned.

    2            Q.    Okay.    And you mentioned index investing.

    3      That's another separate strategy; is that correct?

    4            A.    I would say so.      In my view, yes, it is.

    5            Q.    And what about growth investing?               Is that

    6      separate from value investing?

    7            A.    It is.    With the same caveat.             Some people say

    8      growth investing sounds just like someone else's value.

    9      But in general, growth investing is what it sounds like.

   10      You're trying to find stocks that are going to grow

   11      faster than others in the future.

   12            Q.    What about socially responsible investing; is

   13      that a separate investment strategy?

   14            A.    So I would mostly say yes.               I'm not 100 percent

   15      sure I would call it wholly an investment strategy.                    It

   16      could also be a more broad strategy of what people view

   17      as something that's good for society as opposed to what's

   18      good for their portfolio.         They get enmeshed.

   19                  But social investment strategy is a strategy

   20      where investors take into account things other than

   21      financial values, and you can come up with your own list

   22      of what they're looking at, but it could be whatever they

   23      think is good for society, they may take that as an

   24      attribute and something that makes them want to invest

   25      more in it.

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    1            Q.    What about the investment strategy called

    2      "events-driven investing"?        Have you heard that term?

    3            A.    I believe so.

    4            Q.    And that's, for example, mergers or investing

    5      when a merger is announced?         Is that an example of

    6      events?

    7            A.    That would be my understanding.        There's a hedge

    8      fund strategy that they will call events driven, and

    9      sometimes it's things that are even broader in a macro

   10      context.     Like I think of a George Soros as doing this

   11      kind of thing.     About sort of like large events dealing

   12      with monetary policy and things like that.           So I'm

   13      familiar with events, not just corporate events, but also

   14      macro events, too.

   15            Q.    Now we -- your -- your -- your report mentions,

   16      it uses the term "short squeeze," and you understand what

   17      that -- you have a general idea of what a short squeeze

   18      is supposed to be; right?

   19            A.    I think that you put it correctly.        I have a

   20      general idea.     It's a bit of a term of art.        As I think I

   21      convey in my report, the definitions vary, but we all

   22      agree on some basic principles of a short squeeze.

   23            Q.    Do you -- do you think it would be fair to

   24      characterize investing because you believe there is a

   25      short squeeze to be a form of event-driven investing?

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    1             A.   I -- I don't really have a good answer to that

    2      because I don't use the phrase "event-driven investing."

    3      I don't disagree with it.          It's just -- it's not a phrase

    4      I would normally use so I'm not sure how to answer that

    5      one.

    6             Q.   Is that because the term "event driven" is so --

    7      is very vague?

    8             A.   I wouldn't even go that far.              I would just

    9      simply say event-driven investing isn't the kind of term

   10      I normally do.      So I don't really want to venture out and

   11      offer an opinion on a phrase that I normally don't do.

   12                  Part of it's vagueness, but it's vagueness in my

   13      own mind.     It's possible there are traders on Wall Street

   14      who would say, "I know exactly what you mean by that."

   15      But "event driven" to me is a very broad term.                 So I'm

   16      not really sure how I would convey that.

   17             Q.   What about "contrarian investing"?              Is that a

   18      type of investment strategy that people use?

   19             A.   Yes, it is.

   20             Q.   And how does that work?

   21             A.   So --

   22             Q.   Or not work?

   23             A.   Sure.

   24                  As a general principle, a contrarian does what

   25      it sounds like.      They try to make investments that are

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    1      currently out of favor with the idea that they think that

    2      things will turn around.

    3                  So I would view a contrarian strategy as being

    4      somewhat the opposite as a momentum trader.

    5            Q.    All right.   So there are nine stocks that are

    6      the subject of this litigation that are listed in the

    7      Complaint.     I'll name a couple of them.          AMC, GameStop,

    8      Koss, Bed Bath & Beyond, Blackberry, et cetera.

    9                  You're familiar with those nine stocks; right?

   10            A.    I am.

   11            Q.    I'll just -- I'll just use the term "nine

   12      affected stocks" or the nine stocks if that is -- and if

   13      you don't understand my use of the term, let me know, but

   14      I'll -- rather than list all nine.

   15                  So do you -- is it your opinion that those nine

   16      stocks were overvalued as of close of trading on

   17      January 27, 2021?

   18            A.    So that is not part of my opinion.          It's

   19      related -- the question is obviously related to my

   20      opinion that as of that period of time, I don't believe

   21      they traded in efficient markets.             That's my opinion.

   22                  Now whether they were above or below some sort

   23      of value, I didn't form an opinion on that.             I -- my

   24      opinion was whatever their value was, it wasn't tethered

   25      to value-relevant information.

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    1                  THE REPORTER:     Excuse me.        Nicholas Lin is

    2      asking to join the deposition.

    3                  MR. RYAN:    Yes, he is with Robinhood.         He's an

    4      inhouse lawyer at Robinhood.

    5                  (Nicholas Lin enters deposition room.)

    6                  THE REPORTER:     Thank you.

    7                  MR. RYAN:    Thank you.

    8                  THE REPORTER:     You can continue, Counsel.

    9            Q.    BY MR. ROSEN:     Professor Grenadier, would you

   10      agree that price is typically the best estimate of value

   11      for publicly traded stock?

   12            A.    I'm sorry, I actually didn't hear the -- I

   13      didn't quite hear the end of your sentence.              I don't hear

   14      everything crystal clear.         I hear everything pretty

   15      darned good, but I didn't get that one.

   16                  MR. ROSEN:    Let me close my window because it

   17      could be noise from the outside.

   18            Q.    Would you agree that typically price is the best

   19      estimate of value for publicly traded stocks?

   20            A.    So in the context -- if I believe for these

   21      stocks, they are traded in an efficient market, which is

   22      often the case, then yes, I would agree with you.

   23            Q.    Okay.   And for stocks that are not traded in an

   24      efficient market, what is the best estimate of value if

   25      not price?

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    1            A.     Then that's an almost impossible question to

    2      answer.      Because if you can't rely on the price as the

    3      best estimate of value, in an efficient market, we're

    4      left to individual calculations.             So I don't know what

    5      more I can say is investors would have to use other

    6      resources to value them, not necessarily silly resources,

    7      but sometimes very sophisticated resources to value them.

    8      In some grand scheme of things, the people with the best

    9      information and the best methods would probably come up

   10      with the best estimate of -- of, you know, true value or

   11      whatever you want to call it of a security, but there's

   12      no one thing that we would all rely on.

   13            Q.     And you didn't perform any tests to try to

   14      estimate the value of any of these nine affected stocks

   15      either in the pre-class period or the class period?

   16            A.     Let me make sure I understand your question.

   17                   So in terms of did I do any tests to try to

   18      value?      Can you -- can you give me an example of what you

   19      might mean?

   20            Q.     Well, I don't know.       Did you do a discounted

   21      cash flow analysis of any of the nine stocks?

   22            A.     I did not.

   23            Q.     Did you perform any other analyses in an effort

   24      to try to determine what their fundamental value was at

   25      any time during the pre-class or class period?

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    1            A.    I did not.     My focus was on the prices

    2      themselves, or more importantly, the movements of the

    3      prices themselves of the -- I think you call the affected

    4      stocks, and what was the value relevant information that

    5      was conveyed at those times.            That, of course, was the

    6      substance of my report.

    7            Q.    Can you -- do you recall what the specific

    8      restrictions were that Robinhood imposed on these nine

    9      stocks on January 28th, 2021?

   10            A.    So I'm happy to answer that with a general

   11      conveyance of that information.              Of course, there was a

   12      table with my specific understanding about literally

   13      which stocks, which time of day.

   14                  But my understanding is they changed over time,

   15      but there are these so-called PCO restrictions from

   16      Robinhood.

   17                  Quick question:       My understanding is you said

   18      Robinhood restrictions; is that correct, in your

   19      question?

   20            Q.    Yeah, yeah.     I was just asking about Robinhood.

   21            A.    That was my recollection, but before I went on

   22      and on, I wanted to make sure.

   23                  Yes.   And those restrictions are essentially

   24      sell only, no buy.        And then over time, they changed.

   25      But in general they weakened to things such as limits on

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