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Home Source documents Exhibit 15 (Document 568-15): Videotaped Deposition of Adam Werner, Ph.D., May 3, 2023 — Case No. 1:21-MD-2989-CMA

Exhibit 15 (Document 568-15): Videotaped Deposition of Adam Werner, Ph.D., May 3, 2023 — Case No. 1:21-MD-2989-CMA

Summary

Exhibit 15, entered June 8, 2023 as Document 568-15 in In re January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA in the Southern District of Florida, is a 190-page filing of the transcript of the videotaped deposition of Adam Werner, Ph.D., taken by Defendants on May 3, 2023 at the New York offices of Cravath, Swaine & Moore LLP. Antony Ryan of Cravath examined him for the Robinhood defendants, and Laurence Rosen of The Rosen Law Firm defended the deposition for the securities class action plaintiffs. The questioning opens with Werner's education, employment, compensation and the reports he has written. Todd DeSimone of Veritext Legal Solutions reported the deposition.

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Date
2023-06-08

Cite this document

“Exhibit 15 (Document 568-15): Videotaped Deposition of Adam Werner, Ph.D., May 3, 2023 — Case No. 1:21-MD-2989-CMA.” Original at archive.org, dated 2023-06-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-06-08-covid-era-misc-5d055d42-1/, SHA-256 5d055d42c794511aace38abcd4b87c750a5a6be45990f4501fe91865f29862dd.

Full text

Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 1 of
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                               Exhibit 15
Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 2 of
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                                                                   Page 1

    1
    2      IN THE UNITED STATES DISTRICT COURT
    3      FOR THE SOUTHERN DISTRICT OF FLORIDA
    4      Case No. 1:21-MD-2989-CMA
    5      -----------------------------------x
    6      IN RE JANUARY 2021 SHORT SQUEEZE
    7      TRADING LITIGATION
    8
           -----------------------------------x
    9                     May 3, 2023
                          10:06 a.m.
  10
  11
  12              Videotaped Deposition of ADAM WERNER,
  13       Ph.D., taken by Defendants, pursuant to
  14       Notice, held at the offices of Cravath
  15       Swaine & Moore LLP, 825 Eighth Avenue, New
  16       York, New York, before Todd DeSimone, a
  17       Registered Professional Reporter and Notary
  18       Public of the State of New York.
  19
  20
  21
  22
  23
  24
  25

                                  Veritext Legal Solutions
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                                                 Page 2                                              Page 4
        1                                                  1           WERNER
        2 APPEARANCES:
        3 THE ROSEN LAW FIRM
                                                           2   videographer. The court reporter is
          275 Madison Avenue                               3   Todd DeSimone from Veritext. I am not
        4 40th Floor                                       4   authorized to administer an oath, I am
          New York, New York 10016
        5    Attorneys for Plaintiffs
                                                           5   not related to any party in this
          BY: LAURENCE ROSEN, ESQ.                         6   action, nor am I financially interested
        6    lrosen@rosenlegal.com                         7   in the outcome.
        7
        8
                                                           8        If there are any objections to
          CRAVATH, SWAINE & MOORE LLP                      9   proceeding, please state them at the
        9 825 Eighth Avenue                               10   time of your appearance. Counsel will
          New York, New York 10019
       10    Attorneys for Defendants
                                                          11   now state their appearances and
          BY: ANTONY L. RYAN, ESQ.                        12   affiliations for the record, beginning
       11    aryan@cravath.com                            13   with the noticing attorney.
             ROBERT DeNUNZIO, ESQ.
                                                          14        MR. RYAN: Antony Ryan, Cravath
       12    rdenunzio@cravath.com
             CHARLOTTE LEPIC, ESQ.                        15   Swaine & Moore LLP, representing the
       13    clepic@cravath.com                           16   Robinhood defendants, and I'm joined
       14                                                 17   here today by my colleagues Robert
       15
       16 ALSO PRESENT:                                   18   DeNunzio and Charlotte Lepic.
       17 PHIL GLAUBERSON, Videographer                   19        MR. ROSEN: Laurence Rosen on
       18                                                 20   behalf of the securities class action
       19
       20                                                 21   plaintiffs and the class, and also here
       21                                                 22   to defend the deposition of Dr. Werner.
       22                                                 23        THE VIDEOGRAPHER: Will the
       23
       24                                                 24   court reporter please swear in the
       25                                                 25   witness.
                                                 Page 3                                              Page 5
        1            WERNER                          1             WERNER
        2         THE VIDEOGRAPHER: Good morning. 2                * * *
        3    We are going on the record at 10:06     3     A D A M W E R N E R, Ph.D.,
        4    a.m., 5-3-23.                           4     called as a witness, having been first
        5         Please note that microphones       5     duly sworn, was examined and testified
        6    are sensitive and may pick up           6     as follows:
        7    whispering and private conversations.   7 EXAMINATION BY MR. RYAN:
        8    Please mute your phones at this time    8     Q. Good morning, Dr. Werner.
        9    and please place your phones away from  9     A. Good morning.
       10    the microphones as they can interfere  10     Q. Could you please state your
       11    with the audio. Audio and video        11 full name for the record.
       12    recording will continue to take place  12     A. Legally it is Dr. Adam Davis
       13    unless all parties agree to go off the 13 Werner. If you look at my license, it goes
       14    record.                                14 back to when I was 16 years old, someone
       15         This is media unit one of the     15 mistyped it at the DMV, so I have always
       16    video-recorded deposition of Dr. Adam  16 been Adam David Werner.
       17    Werner in the matter of In Re January  17     Q. Got it. What is your
       18    2021 Short Squeeze Trading Litigation, 18 educational background, Dr. Werner?
       19    filed in the United States District    19     A. I got my undergraduate degree
       20    Court, Southern District of Florida,   20 with honors in economics at Oberlin
       21    21-MD-2989-CMA. The location of this   21 College. I got my Ph.D. in finance from
       22    deposition is Cravath Swaine & Moore,  22 Northwestern University. I believe I also
       23    825 Eighth Avenue, New York, New York. 23 have a master's in finance or MS in
       24         My name is Phil Glauberson        24 finance, but I think that is just like give
       25    representing Veritext and I am the     25 it to you sort of as part of the process.
                                                                                           2 (Pages 2 - 5)
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        1            WERNER                                   1             WERNER
        2     Q. Do you understand that you are               2     Q. All right. Why don't you
        3 appearing here today as an expert in this           3 correct me then.
        4 litigation?                                         4     A. I recently retired from
        5     A. I do.                                        5 teaching at Cal Poly.
        6     Q. What is your area of expertise?              6     Q. Got it. And when did you
        7     A. Economics and finance.                       7 retire from teaching at Cal Poly?
        8     Q. Now, am I right that after you               8     A. I believe it was April 4th,
        9 graduated from Oberlin, you worked for a            9 April 3rd, something like that.
       10 year as a research assistant for the               10     Q. And is that the end of a term
       11 Federal Reserve Bank in Cleveland?                 11 at Cal Poly?
       12     A. I did that for six months.                  12     A. I think it was the beginning of
       13 Immediately after college I actually worked        13 a quarter, the day prior to the beginning
       14 as a secretary at the New York Public              14 of a quarter.
       15 Library, but I didn't feel, that was               15     Q. Understood. So that school
       16 probably not relevant to my expert opinion.        16 operates on a quarter system and you
       17     Q. All right. And then after                   17 retired at the end of -- approximately the
       18 those six months at the New York Public            18 end of March of 2023?
       19 Library, did you work as a research                19     A. Correct.
       20 assistant for the Federal Reserve Bank in          20     Q. All right. And am I right,
       21 Cleveland?                                         21 then, that for some period of years up
       22     A. I did.                                      22 until recently you were a lecturer in
       23     Q. And then you went to graduate               23 economics at Cal Poly San Luis Obispo?
       24 school at Northwestern?                            24     A. Correct.
       25     A. Correct.                                    25     Q. What is your association with
                                                    Page 7                                                   Page 9
        1            WERNER                                   1              WERNER
        2    Q. And then am I right that since                2 Crowninshield Financial Research?
        3 then you have been affiliated with a                3     A. Again, I mean, I think the
        4 variety of economic consulting firms?               4 title is affiliated expert, but I'm a 1099
        5    A. I think that's accurate.                      5 employee. So I don't know if that makes me
        6    Q. And those include Cornerstone,                6 a consultant.
        7 NERA, CRA, LitiNomics, Gnarus, and the              7     Q. Okay. And for the last --
        8 Berkeley Economic Consulting Group; is that         8 well, strike that.
        9 right?                                              9           Am I right that you have been
       10    A. Correct.                                     10 affiliated with Crowninshield since around
       11    Q. Were you employed by those                   11 2015?
       12 organizations?                                     12     A. I think that's correct. I can
       13    A. The first three. Since then I                13 check my vitae if it makes it easier.
       14 think I have been a 1099 employee. I don't         14     Q. Sure.
       15 recall at Berkeley Economic Consulting, I          15     A. So just to be accurate. So, I
       16 think I was still a 1099 employee. But, I          16 don't know, is this an exhibit?
       17 mean, at one point I subsumed the firm             17           MR. ROSEN: I brought those.
       18 because the principals went to the Brattle         18           THE WITNESS: Oh, you brought
       19 Group. So I don't know technically what            19     these, sorry. Okay.
       20 status I was, whether I was paying myself          20           MR. ROSEN: Those are what I
       21 as a 1099 employee or a W-2 employee.              21     thought were the relevant reports.
       22    Q. Am I right that you are                      22     Q. We will make it an exhibit in a
       23 presently a lecturer in economics at Cal           23 moment.
       24 Poly San Luis Obispo?                              24     A. Yes, 2015.
       25    A. You actually are incorrect.                  25     Q. All right. And then from 2015
                                                                                                 3 (Pages 6 - 9)
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        1            WERNER                                  1            WERNER
        2 until you recently retired from Cal Poly           2 cases for The Rosen Law Firm?
        3 San Luis Obispo, how much of your                  3     A. I mean, I would be speculating.
        4 professional time was spent teaching at the        4 If you want me to go through it, I can try
        5 school versus consulting with                      5 to figure it out.
        6 Crowninshield?                                     6     Q. Is it more than ten?
        7    A. Time?                                        7     A. Oh, I'm sure it is more than
        8    Q. Yes.                                         8 ten. Let me ask a clarifying question, so
        9    A. Probably 50/50.                              9 when you say reports, would a rebuttal
       10    Q. Okay. And did the majority of               10 report and an initial -- so, for example,
       11 your compensation during that time frame          11 in this case, right, I have submitted two
       12 come from Crowninshield?                          12 reports, is that one engagement or would
       13    A. I would say about 65 percent of             13 you consider that two reports?
       14 my compensation came from Crowninshield.          14     Q. I would consider that two
       15    Q. Do you know Steven Feinstein?               15 reports in one case. So let me ask -- let
       16    A. I do, as does Dr. Grenadier,                16 me reask the question so we have a clear
       17 Professor Grenadier I believe.                    17 record.
       18    Q. And did Dr. Feinstein hire you              18          Am I right that you have
       19 originally at Crowninshield?                      19 submitted expert reports or declarations in
       20    A. I don't know the answer to that             20 more than ten cases in which you have
       21 question. Again, I'm a 1099 employee, so          21 worked with The Rosen Law Firm?
       22 as an affiliate, I don't know if I was ever       22     A. I believe that is correct.
       23 technically hired by Crowninshield.               23     Q. And are there other occasions
       24    Q. Did you meet with Dr. Feinstein             24 beyond the cases in which you have
       25 before you began your affiliation at              25 submitted expert reports or declarations in
                                                  Page 11                                                Page 13
        1            WERNER                                  1            WERNER
        2 Crowninshield?                                     2 which you have consulted with The Rosen Law
        3     A. I certainly spoke with him                  3 Firm?
        4 numerous times on the phone. I don't think         4    A. Yes.
        5 I physically met -- I don't recall                 5    Q. Have you ever submitted an
        6 physically meeting him.                            6 expert report or declaration on behalf of a
        7     Q. All right. And did                          7 defendant in a securities case?
        8 Dr. Feinstein encourage you to become              8    A. Maybe once or twice.
        9 affiliated with Crowninshield?                     9    Q. Okay. And what cases are
       10     A. I don't think so. I think I                10 those?
       11 reached out to him.                               11    A. So I'm going to start -- so I'm
       12     Q. I see. He is somebody who you              12 looking, again, here, this is my initial
       13 knew beforehand?                                  13 report -- this is my original declaration
       14     A. No.                                        14 here.
       15     Q. How did it come about that you             15    Q. Right.
       16 reached out to Dr. Feinstein?                     16    A. So now I'm looking at Exhibit 1
       17     A. I was familiar with his work               17 to my initial declaration. So I believe
       18 and I needed more support than I had at the       18 that this case, and this is on page 50 of
       19 time.                                             19 my initial declaration, and this is Exhibit
       20     Q. Now, am I right that you have              20 1 to my initial declaration, Securities and
       21 worked with The Rosen Law Firm before this        21 Exchange Commission versus Bradley Davis.
       22 lawsuit?                                          22 I believe that was a civil securities class
       23     A. That is correct.                           23 action. Oh, was it a securities class
       24     Q. And approximately how many                 24 action? You know, I don't know. It dealt
       25 times have you provided an expert report in       25 with securities, but, I mean, I think
                                                                                             4 (Pages 10 - 13)
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                                                       Page 14                                               Page 16
        1            WERNER                                       1             WERNER
        2 technically, was it a securities class                  2 expert report or declaration with the
        3 action? It was a securities case. As a                  3 opinion that a market for a security was
        4 legal matter, I don't think -- I mean, it               4 inefficient?
        5 wasn't a class action, right? It was a                  5    A. Inefficient?
        6 suit brought by the SEC. So maybe that                  6    Q. Yes.
        7 doesn't count.                                          7    A. I don't believe so, but let
        8    Q. All right. So let me just ask                     8 me -- with the caveat that oftentimes when
        9 you a follow-up question about that case.               9 I'm retained, I render an opinion that I
       10 So that was a case that is captioned                   10 don't believe a stock is efficient or I
       11 Securities and Exchange Commission v.                  11 can't claim that a stock is efficient,
       12 Bradley C. Davis, right?                               12 oftentimes my opinions aren't used by
       13    A. Correct.                                         13 potential clients.
       14    Q. And were you retained on behalf                  14    Q. All right. But in matters
       15 of Mr. Davis?                                          15 where you submitted an expert report or a
       16    A. I was.                                           16 declaration, you can't think of one where
       17    Q. All right. Okay. So assuming                     17 you have provided the opinion that the
       18 for a moment that that was a case brought              18 market for a security was inefficient,
       19 by the SEC and not a securities class                  19 right?
       20 action, are there any matters in which you             20    A. Right. Well, so in this case I
       21 have submitted an expert report or                     21 opined that I couldn't prove or I didn't
       22 declaration on behalf of a defendant in a              22 have enough evidence to show that two
       23 securities class action?                               23 stocks were efficient. I don't think
       24    A. I don't -- well, let me just go                  24 that's the same as rendering an opinion
       25 through here and make sure, let's be as                25 that those two stocks are inefficient. So
                                                       Page 15                                               Page 17
        1            WERNER                                       1            WERNER
        2 accurate as possible.                                   2 I believe the answer to your question is
        3         So I'm pretty sure this is not                  3 no.
        4 a securities class action, but Gwyn Hartman             4     Q. All right. Meaning that it is
        5 Revocable Living Trust v. Southern Michigan             5 right that you can't think of a matter
        6 Bancorp. So I believe the answer to your                6 where you submitted an expert report or
        7 question is no, for securities class                    7 declaration and provided the opinion that
        8 actions.                                                8 the market for a security was inefficient,
        9    Q. So I asked you just now if                        9 right?
       10 there were any matters in which you                    10     A. Again, with the caveat that
       11 submitted an expert report on declaration              11 when I have found that, my reports haven't
       12 on behalf of a defendant in a securities               12 been submitted, but yes.
       13 class action. Let me ask you now, is it                13     Q. All right. And is it then also
       14 also the case that you have never testified            14 the case that you haven't provided
       15 in court on behalf of a defendant in a                 15 testimony in court that the market for a
       16 securities class action?                               16 security was inefficient in your opinion?
       17    A. So have I testified without                      17     A. I'm just trying to be careful.
       18 submitting a report?                                   18 I'm going back to this logic game that
       19    Q. Yes. I'm just trying to be                       19 we're doing here. I think, again, I
       20 careful and cover all my bases here.                   20 believe -- wait, could you -- I'm sorry,
       21    A. I'm just trying to be careful                    21 could you reask the question?
       22 too. I'm trying to figure out how that                 22     Q. Sure, no problem. Is it also
       23 might occur. State court maybe? I don't                23 the case that you have not provided
       24 believe so.                                            24 testimony in court that the market for a
       25    Q. Have you ever submitted an                       25 security was inefficient in your opinion?
                                                                                                 5 (Pages 14 - 17)
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        1            WERNER                                   1            WERNER
        2     A. I believe that is correct.                   2 you were not on the tenure track?
        3     Q. Have you ever provided an                    3     A. I was not, correct.
        4 opinion that the market for a security was          4     Q. And is it the case that you
        5 efficient at one time but not at another?           5 have never held the position of professor
        6     A. I don't recall as I sit here                 6 at Cal Poly San Luis Obispo or any other
        7 today.                                              7 university?
        8     Q. Now, your CV includes a list of              8     A. Yeah. I mean, well, so at the
        9 certain publications; is that right?                9 two places I have taught, at the Kellogg
       10     A. Correct.                                    10 Graduate School of Management where I
       11     Q. Am I right that you have not                11 taught MBA courses and at Cal Poly where I
       12 published any articles in a peer-reviewed          12 taught economics courses, and we will just
       13 economics or finance journal?                      13 say a portfolio of economics courses, I was
       14     A. Well, okay, so let me -- let me             14 not in a tenure track position.
       15 ask a clarifying question here, because I          15     Q. All right. And while you were
       16 was reading Dr. Fischel's report the other         16 teaching at the Kellogg Graduate School of
       17 day and he alluded to academic literature          17 Management at Northwestern, were you a
       18 and then he cited to the Wall Street               18 graduate teaching assistant?
       19 Journal. Would that -- would something             19     A. Well, I was a graduate teaching
       20 appearing in the Wall Street Journal count         20 assistant for some courses, and then for
       21 as academic literature?                            21 some courses I taught MBA courses, I myself
       22     Q. Well, I'm asking you, sir,                  22 taught the MBA courses.
       23 about peer-reviewed journals. Do you               23     Q. Okay.
       24 understand that phrase, a peer-reviewed            24     A. So not as a graduate assistant,
       25 journal?                                           25 as I guess -- I don't know what the title
                                                   Page 19                                             Page 21
        1             WERNER                                  1             WERNER
        2     A. Yeah, I understand that                      2 is. I mean, when was that? So maybe 25
        3 academic literature is peer-reviewed, so            3 years ago. I don't remember what the title
        4 I'm asking a clarifying question, is the            4 was, maybe like lecturer, adjunct.
        5 Wall Street Journal considered                      5     Q. All right. But you didn't have
        6 peer-reviewed literature?                           6 a title as a professor at Northwestern
        7     Q. I certainly don't consider the               7 University, right?
        8 Wall Street Journal to be peer-reviewed,            8     A. That is correct.
        9 no. So let me ask you the question.                 9     Q. All right. And you have never
       10          Have you ever published an                10 had the title of professor at Cal Poly San
       11 article in a peer-reviewed journal of              11 Luis Obispo either, right?
       12 economics or finance?                              12     A. I think I have answered that
       13     A. I don't believe so. I believe               13 already, so the answer hasn't changed.
       14 my commentary at the Federal Reserve was           14     Q. All right. The answer being
       15 peer-reviewed by other economists and the          15 that you have never held that title at Cal
       16 Federal Reserve Board, but other than that,        16 Poly San Luis Obispo, right?
       17 I don't believe so.                                17     A. Correct.
       18     Q. All right. And that's an                    18     Q. Okay. Why don't we mark the
       19 article that you published jointly with an         19 two exhibits. So these will be Exhibits
       20 economist at the Federal Reserve Bank of           20 281 and 282. Exhibit 281 will be the
       21 Cleveland when you were a research                 21 Declaration of Dr. Adam Werner and Exhibit
       22 assistant there in 1993; is that right?            22 282 will be the Rebuttal Report of Dr. Adam
       23     A. That is correct.                            23 Werner. And I'm happy for you to use the
       24     Q. And am I right that while you               24 copies you brought with you if that is
       25 were teaching at Cal Poly San Luis Obispo,         25 easier.
                                                                                            6 (Pages 18 - 21)
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        1            WERNER                                        1            WERNER
        2     A. I assume the copies are the                       2 grammatical errors you were just referring
        3 same.                                                    3 to?
        4     Q. They should be exactly the                        4     A. That is correct.
        5 same. Why don't I give you the ones that                 5     Q. Have you been asked to consider
        6 will have exhibit stickers on them.                      6 any supplementation to these reports?
        7     A. Okay.                                             7     A. Supplementation by your
        8          (Defendant's Exhibit 281 marked                 8 reports? So do the reports by your experts
        9 for identification.)                                     9 count as supplemental material? To the
       10          (Defendant's Exhibit 282 marked                10 extent I would refer to them in my rebuttal
       11 for identification.)                                    11 report, I would assume that is encompassed,
       12     Q. So here is 281, and now I'm                      12 so is that correct?
       13 handing you 282.                                        13     Q. Yes. I meant that to be
       14     A. Okay, thank you.                                 14 encompassed, so let me ask the question
       15     Q. All right. And is Exhibit 281                    15 again.
       16 your initial declaration that you submitted             16          Apart from the opinions that
       17 in this action? I'm trying to find a date               17 are set forth in your two reports you
       18 here, but I'm not seeing one.                           18 submitted in this action, is there any
       19     A. Well, I'm going to guess it is                   19 additional analysis that you have done
       20 February 16th, 2023.                                    20 since submitting your second report?
       21     Q. It was certainly sometime in                     21     A. I have not done any additional
       22 February.                                               22 analysis. Oh, I should also clarify, I
       23     A. Looking at Mr. Fischel's                         23 have read the depositions of both of
       24 initial report.                                         24 your -- of the two defense experts. That
       25     Q. Sounds right. Let me reask the                   25 wasn't obviously encompassed in my rebuttal
                                                        Page 23                                               Page 25
        1             WERNER                                       1            WERNER
        2 question so we have a clear record.                      2 report, so that may have informed my
        3          Is Exhibit 281 your initial                     3 opinion. But I personally, no, I have not
        4 declaration that you submitted in this                   4 performed any additional work since
        5 action in February of 2023?                              5 submitting these two reports.
        6    A. I believe it is, but let me                        6     Q. All right. Have you asked
        7 just go through it quickly.                              7 anybody at Crowninshield to perform any
        8          (Witness perusing document.)                    8 additional work since you submitted these
        9    A. It appears to be.                                  9 two reports?
       10    Q. Thank you. And is Exhibit 282                     10     A. I don't believe so.
       11 your rebuttal report that you submitted in              11     Q. Have you been asked by counsel
       12 this action on or about March 28th, 2023?               12 at The Rosen Law Firm to consider
       13    A. It appears to be.                                 13 performing any additional work since
       14    Q. And is there anything contained                   14 submitting your second report?
       15 in either of these reports that you wish to             15     A. Not that I recall.
       16 change, amend or withdraw?                              16     Q. All right. Let me ask you in
       17    A. Substantively, no.                                17 your opening report, sir, Exhibit 281, if
       18    Q. How about nonsubstantively?                       18 you could look with me, please, at
       19    A. I may have found one or two                       19 paragraph 1.
       20 grammatical errors in my review of these,               20     A. Okay.
       21 but I don't recall where they were. So,                 21     Q. Sir, do you see that in the
       22 again, substantively, no.                               22 first paragraph there, there is a list of
       23    Q. All right. So am I right that                     23 nine companies that are then defined as the
       24 you are unaware of any errors in either of              24 affected companies or affected stocks?
       25 your reports beyond the one or two                      25     A. I do.
                                                                                                   7 (Pages 22 - 25)
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        1            WERNER                                   1            WERNER
        2     Q. All right. And so then is it                 2 things were efficient prior to the class
        3 right that you were asked by The Rosen Law          3 period. I don't know whether that's the
        4 Firm to determine whether the common stock          4 right analysis. It was the analysis I was
        5 of those nine affected companies traded in          5 asked to perform.
        6 efficient markets prior to the class                6    Q. Got it, okay. So you took the
        7 period?                                             7 assignment you got from The Rosen Law Firm
        8     A. In efficient markets, plural?                8 as a given in determining the scope of the
        9     Q. Yes, traded in efficient                     9 work you did; is that right?
       10 markets, plural.                                   10    A. Could you reread the question,
       11     A. I believe that's correct.                   11 please?
       12     Q. So was the limitation on this               12         (The record was read.)
       13 assignment that you were asked about               13    A. I mean, there is a lot of words
       14 whether the stocks traded in efficient             14 there. I mean, I was asked to -- I was
       15 markets prior to the class period, was that        15 asked to do what I was asked to do and I
       16 prior to the class period limitation part          16 did it. I don't know, you know, whether
       17 of the assignment you were given by The            17 there was some --
       18 Rosen Law Firm?                                    18         MR. ROSEN: Are you asking
       19     A. It was.                                     19    whether we limited the scope of what
       20     Q. And so another way of putting               20    work he could do?
       21 that would be The Rosen Law Firm did not           21         MR. RYAN: No.
       22 ask you to evaluate whether the common             22    Q. So let me try to ask the
       23 stock of these nine affected companies             23 question a better way.
       24 traded in efficient markets during the             24         So you understand that there
       25 class period; isn't that right?                    25 may be a legal question in this case as to
                                                   Page 27                                                Page 29
        1            WERNER                                   1             WERNER
        2     A. I believe that's correct.                    2 what the right period is over which to
        3     Q. And is it the case, then, that               3 analyze efficiency, right?
        4 the suitability for the case of evaluating          4     A. I mean, I assume so. I don't
        5 the efficiency of the markets prior to the          5 know one way or the other.
        6 class period and not during the class               6     Q. Okay.
        7 period, that's not something that you're            7     A. That seems to make sense to me.
        8 opining on yourself, is it?                         8     Q. And am I right that you as an
        9     A. I'm just -- I'm slightly                     9 expert in economics and finance are not
       10 confused by the word "suitability." Could          10 offering any opinion as to what the right
       11 you expand upon that?                              11 period is over which to analyze market
       12     Q. Sure. Let me try to ask it a                12 efficiency in this case?
       13 better way.                                        13          MR. ROSEN: Objection. In this
       14     A. Okay.                                       14     line of questioning, are you asking him
       15     Q. Are you offering any opinion in             15     just about this opening report or are
       16 this case as to whether the right analysis         16     you also asking him about the rebuttal
       17 for analyzing efficiency of markets for the        17     report?
       18 nine affected stocks is to analyze their           18          MR. RYAN: I'm asking him about
       19 efficiency prior to the class period and           19     all of his opinions in this case.
       20 not during the class period?                       20          MR. ROSEN: Okay. Just reread
       21         MR. ROSEN: Objection to the                21     the question.
       22     extent it calls for a legal conclusion.        22          MR. RYAN: Sure.
       23     A. So what do you mean by "right               23     Q. Am I right that you as an
       24 analysis"? I don't -- I mean, my                   24 expert in economics and finance are not
       25 assignment was to determine whether these          25 offering any opinion in this case as to
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        1             WERNER                                  1            WERNER
        2 what the right period is over which to              2 281, and this is specifically called
        3 analyze market efficiency in this case?             3 Exhibit 2, is a list of documents and other
        4     A. I mean, I'm sorry, I'm not                   4 information considered; is that right?
        5 trying to be difficult, I just have a               5    A. I'm sorry, could you reread the
        6 problem with this description of the right          6 question?
        7 period. I was asked to determine whether            7    Q. Yes. Am I right that Exhibit 2
        8 or not, at least in my initial report,              8 to your opening report, which is Deposition
        9 whether these stocks were efficient prior           9 Exhibit 281, is a list of documents and
       10 to the class period, that's what I did.            10 other information considered?
       11         I was asked to opine whether or            11    A. That is correct.
       12 not class-wide damages could be measured in        12    Q. And then similarly for your
       13 this matter in my initial report and that's        13 rebuttal report which we have marked as
       14 what I did. I don't know if that was the           14 Deposition Exhibit 282, you similarly have
       15 right thing to do or the wrong thing to do;        15 an exhibit, again, called Exhibit 2, which
       16 it was my assignment and that's what I did.        16 this time lists documents considered in
       17     Q. Understood. And so let me just              17 addition to those cited in your opening
       18 follow up since in your answer just now you        18 report?
       19 said --                                            19    A. Yeah, documents considered in
       20     A. Well, I mean, look, if we want              20 addition to those cited in the Werner
       21 to get into it exactly, I can read to you          21 declaration. That's Exhibit 2 to Exhibit
       22 exactly what my assignment was on the off          22 282, yeah.
       23 chance there was something inaccurate about        23    Q. Right. And are there any
       24 what I said, but that's my remembrance of          24 documents that you considered in forming
       25 what my assignment was.                            25 your opinions in this lawsuit that are not
                                                   Page 31                                               Page 33
        1            WERNER                                   1            WERNER
        2     Q. Understood. I'm not -- I'm not               2 set forth in one of the two Exhibit 2's
        3 trying to change any of the words. Am I             3 that we just looked at?
        4 right that your assignment is set forth --          4     A. Up until the submittal of this
        5 strike that.                                        5 second report?
        6          Am I right that your assignment            6     Q. Yes, sir.
        7 for your opening report is set forth in             7     A. That is correct.
        8 paragraphs 1 and 2 of your opening report           8     Q. All right. Since the submittal
        9 that we have marked as Exhibit 281?                 9 of the second report, are there any
       10     A. That is correct.                            10 documents that you have considered in
       11     Q. Okay. And am I right that                   11 forming your opinions in this lawsuit that
       12 neither in your opening report nor in your         12 are not set forth in one of the two Exhibit
       13 rebuttal report have you analyzed whether          13 2's that we just looked at?
       14 the common stock of any of these nine              14     A. Well, I believe the depositions
       15 companies traded in efficient markets              15 of your two experts informed --
       16 during the class period?                           16 subsequently informed my opinion, as well
       17     A. I believe that is correct.                  17 as a few academic articles I have looked at
       18     Q. All right. And is the reason                18 with regards to estimating demand for
       19 that you haven't performed that analysis           19 securities. I don't recall off the top of
       20 that that was not part of your assignment          20 my head what those articles were, but I
       21 from The Rosen Law Firm with respect to            21 distinctly remember looking at two
       22 either the opening or the rebuttal report?         22 articles.
       23     A. I believe that's correct.                   23     Q. Anything other than the two
       24     Q. All right. Now, one of the                  24 deposition transcripts and the two academic
       25 attachments to your opening report, Exhibit        25 articles you just referred to?
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        1            WERNER                                    1            WERNER
        2     A. I don't believe so.                           2 that in my initial recitation.
        3     Q. What do you mean by estimating                3    Q. Thank you, all right. And you
        4 demand for securities?                               4 will provide those two articles to counsel,
        5     A. Well, so something similar to                 5 right?
        6 what Dr. Fischel, sorry, similar to what             6    A. I will.
        7 Mr. Fischel did in the IPO litigation, so            7    Q. Thank you. All right, now,
        8 trying to determine how changes in order             8 turning now to your rebuttal report which
        9 flow affect demand for securities.                   9 we have marked as Exhibit 282, do you see
       10     Q. All right. And do you                        10 that there is a series of intraday stock
       11 recall --                                           11 price charts at the back of your rebuttal
       12     A. As in like individual                        12 report that are labeled Exhibit 6A through
       13 securities. So the supply and demand for,           13 Exhibit 6I?
       14 let's say, Apple Computer, that would be --         14    A. 6A through Exhibit 6I, do you
       15 that's what I mean.                                 15 have a page number there?
       16     Q. What were those two academic                 16    Q. Yes, 96 until the end. I
       17 articles?                                           17 didn't even notice the page numbers.
       18     A. I don't recall.                              18    A. I figured that would be
       19     Q. Do you have them somewhere?                  19 quicker.
       20     A. I do, somewhere.                             20    Q. That is quicker.
       21     Q. Okay.                                        21    A. Okay. I am there.
       22     A. Not on me.                                   22    Q. Okay. And am I right that
       23     Q. Understood. Would you be able                23 Exhibit 6A through 6I are intraday stock
       24 to send them after this deposition to               24 price graphs, one for each of the nine
       25 Mr. Rosen?                                          25 affected stocks?
                                                    Page 35                                               Page 37
        1            WERNER                                    1             WERNER
        2     A. Sure.                                         2     A. That is correct. Intraday, to
        3     Q. Thank you. All right, now --                  3 the extent we are also talking about
        4     A. Actually, can we take a quick                 4 periods when the markets -- after the
        5 break?                                               5 markets closed.
        6     Q. Sure.                                         6     Q. There are periods here --
        7          MR. RYAN: Let's go off the                  7     A. I'm sorry -- my bad, go ahead.
        8     record.                                          8     Q. There are periods here before
        9          THE VIDEOGRAPHER: This will                 9 the market opens, right?
       10     end media unit one. We are going off            10     A. Correct.
       11     the record at 10:46.                            11     Q. All right. And were these
       12          (Recess taken.)                            12 graphs generated using a program called
       13          THE VIDEOGRAPHER: We are back              13 Stata?
       14     on the record at 10:50. This will               14     A. I believe that's correct.
       15     begin media unit two.                           15     Q. So we have asked your counsel
       16 BY MR. RYAN:                                        16 if we could receive the backup stat
       17     Q. Did you have some item that you              17 accompanied for these nine exhibits. Is
       18 thought of on the break that you wanted to          18 that something that you could provide to us
       19 clarify, Dr. Werner?                                19 after this deposition?
       20     A. I did. Thanks. Well, I think                 20          MR. ROSEN: Objection. So we
       21 when I was talking about the demand, I'm            21     have an outstanding objection to that
       22 not sure whether I talked about -- the              22     request, and that still stands. So it
       23 articles dealt with how the change in               23     is not up to Dr. Werner, you know.
       24 demand affects the price of the underlying          24          MR. RYAN: I actually didn't
       25 stock. I don't know if I was clear about            25     realize, to be honest, Larry, that you
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        1            WERNER                                  1            WERNER
        2    had an objection. I just thought you            2 on here, it is just an equal weighted index
        3    hadn't responded. Again, I'm not                3 as opposed to a value weighted index.
        4    saying in sort of a snide way, I just           4    Q. So equal weighted means it is
        5    actually didn't realize you had an              5 simply an average of the nine stocks where
        6    objection.                                      6 each of the stocks counts to the same
        7    A. Can I say one thing about these              7 extent?
        8 graphs?                                            8    A. Correct, correct.
        9    Q. Yes.                                         9    Q. All right. And was this Table
       10    A. I mean, you can use any program             10 12 similarly generated using Stata code in
       11 to generate these graphs, right. I can put        11 the way we just talked about?
       12 this data in Excel and the problem is             12    A. I believe so, yes.
       13 putting in these vertical lines, so, you          13    Q. All right. Now let me ask you
       14 know, if I printed this out in Excel and          14 about Table 7 to your rebuttal report which
       15 just drew in lines, that would be the             15 appears on page 21, and do you see that
       16 equivalent of what my Stata code did just         16 there is a column here in your Table 7
       17 for clarification. There is not some              17 called Statistically Significant News Days?
       18 rocket science going on here that I needed        18    A. I do.
       19 a powerful computing code to do this graph.       19    Q. Whose regression analysis did
       20    Q. All right. But you or folks                 20 you use to determine statistical
       21 working with you at Crowninshield used the        21 significance for purposes of Table 7 to
       22 Stata program to generate the stock price         22 your rebuttal report?
       23 graphs in Exhibit 6A through 6I, right?           23    A. My regression analysis that I
       24    A. I believe that is correct.                  24 used in my first report, which if I
       25    Q. And so there would be some                  25 remember correctly is Exhibit 281.
                                                  Page 39                                               Page 41
        1            WERNER                                  1            WERNER
        2 Stata code that underlies these graphs,            2     Q. Got it, okay. So let's go
        3 right?                                             3 back, please, to your opening report, which
        4     A. I think by definition the                   4 as you just mentioned is Exhibit 281, and
        5 answer is yes.                                     5 I'm now looking at Opinion 1 which appears
        6     Q. Okay. So now let me ask you                 6 in the middle of page 3.
        7 about Table 12 to your rebuttal report,            7         MR. ROSEN: What page are you
        8 which is on page 44.                               8     on?
        9     A. Okay, here we go, Table 12,                 9         MR. RYAN: Page 3.
       10 right.                                            10     A. Okay.
       11     Q. And I'm looking now at the                 11     Q. All right. And do you see
       12 first sentence in paragraph 102 in Table          12 there that Opinion 1 reads "Seven of the
       13 12. Am I right that Table 12 is an                13 nine Affected Companies traded in an
       14 intraday price chart of an equal weighted         14 efficient market during the relevant
       15 index of the affected companies on January        15 period. Those seven companies are AMC,
       16 28th, 2021?                                       16 BlackBerry, Bed Bath & Beyond, Express,
       17     A. That is correct.                           17 GameStop, Nokia and Trivago"?
       18     Q. And by equal weighted, you mean            18     A. Do I see it?
       19 that you counted each of the companies the        19     Q. Yes.
       20 same even though, for example, the market         20     A. Yes. You expounded upon the
       21 capitalization of BlackBerry may be 100           21 ticker symbols, but that's in essence what
       22 times the market capitalization of Koss?          22 this says.
       23     A. Counted them the same? I mean,             23     Q. All right. And am I right,
       24 I guess that's right. It is just an equal         24 then, in your opening report your opinion
       25 -- yeah, there is not some sophistry going        25 for seven of the affected companies is that
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        1            WERNER                                   1            WERNER
        2 they traded in an efficient market during a         2     Q. So is it the case that in your
        3 one-year period that ended on January 27th,         3 rebuttal report you performed additional
        4 2021?                                               4 analyses regarding market efficiency for
        5     A. In this report?                              5 seven of the nine stocks over the period
        6     Q. Yes.                                         6 that Mr. Fischel used and that you define
        7     A. That is correct. Subsequently                7 as the immediate pre-class period?
        8 in my rebuttal report I looked at the               8     A. That is correct.
        9 period -- well, let's be exact. Oh, we              9     Q. And am I right that you do not
       10 were just looking at this.                         10 perform those additional analyses regarding
       11          MR. ROSEN: Table 7 on 22.                 11 market efficiency in your rebuttal report
       12     A. Well, Table 7, but in terms                 12 for the other two stocks at issue in this
       13 of -- I looked at the market efficiency for        13 case?
       14 those seven stocks from I want to say --           14     A. So for Koss and Tootsie Roll, I
       15 well, again -- well, I will just say               15 believe that is correct.
       16 January 2021.                                      16     Q. Okay. So now let's go back to
       17     Q. All right. It might be helpful              17 your opening report, Exhibit 281, and we
       18 if we look at paragraph 17 of your rebuttal        18 were looking at Opinion 1 on page 3. Are
       19 report, Exhibit 282.                               19 you there?
       20     A. Oh, I now realize when I say                20     A. Opinion 1 on page 3, yup.
       21 January 2021, that includes part of the            21     Q. All right. And so you express
       22 class period. So that was inaccurate.              22 here an opinion that seven of the nine
       23     Q. All right. So I'm hoping that               23 affected companies traded in an efficient
       24 maybe we can get this precise by looking at        24 market during what you called the relevant
       25 paragraph 17. Do you see that midway               25 period, right?
                                                   Page 43                                                Page 45
        1            WERNER                                   1            WERNER
        2 through paragraph 17 of your rebuttal               2     A. Correct.
        3 report there is a sentence that reads               3     Q. And, again, that means the full
        4 "Therefore, for purposes of the Cammer and          4 year up to and through January 27th, 2021,
        5 Krogman analysis I perform herein, I focus          5 right?
        6 on the period from January 4th, 2021                6     A. Correct.
        7 through January 27th, 2021," and you then           7     Q. All right. And am I right that
        8 define that period as the immediate                 8 you express no opinion regarding whether
        9 pre-class period, and you go on, "which is          9 the other two companies, namely Koss and
       10 Mr. Fischel's period of choice and                 10 Tootsie Roll, traded in an efficient market
       11 encompasses Dr. Grenadier's pre-class              11 during any period?
       12 period"?                                           12     A. Could you reread the question,
       13     A. Correct.                                    13 please?
       14     Q. All right. So am I right,                   14         (The record was read.)
       15 then, that in your rebuttal report you             15     A. I believe that's correct. I
       16 performed an additional analysis for seven         16 mean, there were indicators of efficiency
       17 of the nine stocks for the period that you         17 for those two stocks -- different
       18 defined here as the immediate pre-class            18 indicators of efficiency, but I don't opine
       19 period?                                            19 that they traded in an efficient market.
       20     A. Well, a couple of                           20     Q. All right. You were unable to
       21 clarifications. So additional analyses I           21 reach what you believed was a reliable
       22 believe probably would be the right way to         22 conclusion that those two stocks did trade
       23 describe it, and then, I mean, I chose that        23 in an efficient market, right?
       24 because that's what -- that's what                 24     A. I mean, I don't -- "reliable"
       25 Mr. Fischel used.                                  25 is your word. I just -- again, there was
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        1             WERNER                                  1            WERNER
        2 indications of efficiency. I just didn't            2 additional assumptions like trading models,
        3 conclude that they traded in an efficient           3 etc.
        4 market.                                             4     Q. When you say that you would
        5     Q. All right. Are all of your                   5 need to make additional assumptions like
        6 opinions in your view based on reliable             6 trading models, etc., are those additional
        7 conclusions that you reached?                       7 assumptions you would need to make only to
        8     A. I think -- I believe the answer              8 calculate aggregate damages?
        9 to that question is yes.                            9     A. Not necessarily. I guess, I
       10     Q. Okay. And am I right, then,                 10 mean, I'm thinking about aggregate damages,
       11 that you were unable to reach a reliable           11 and so I'm thinking about a single versus
       12 conclusion as to whether either Koss or            12 multi-trader model. I mean, again, I
       13 Tootsie Roll traded in an efficient market?        13 talked about a demand model. It showed how
       14     A. So based on the prior                       14 stock price changes as demand changes. I
       15 statement, I believe that would logically          15 don't know if you call that a trading model
       16 follow.                                            16 or not. I don't know if that falls under
       17     Q. Okay. Now, do you see Opinion               17 the umbrella of what you consider a trading
       18 2 which appears on the top of page 5 of            18 model.
       19 your opening report, Exhibit 281?                  19     Q. I see. So you are, I think, if
       20     A. I do.                                       20 I understood you right in your answer just
       21     Q. And do you see that opinion                 21 now, referring back to some of the
       22 reads "With expert assistance, the finder          22 testimony you gave previously when you were
       23 of fact in this matter will be able to             23 talking about the two articles that you
       24 compute damages using a common class-wide          24 recall looking at since your second report,
       25 methodology that applies to the calculation        25 you are talking about constructing a model
                                                   Page 47                                              Page 49
        1            WERNER                                   1            WERNER
        2 of damages for each and every class                 2 of how a change in demand for a stock might
        3 member"?                                            3 affect that stock price; is that right?
        4         Did I read that right?                      4    A. I believe that's correct.
        5    A. You did.                                      5    Q. Okay. Have you constructed
        6    Q. What do you mean by the phrase                6 such a model?
        7 "with expert assistance"?                           7    A. I have not.
        8    A. With the assistance of an                     8    Q. Okay. So you haven't
        9 expert, I mean, I guess as opposed to a             9 constructed such a model for any of the
       10 layman.                                            10 nine stocks in this case, right?
       11    Q. All right. So do you mean,                   11    A. I have not.
       12 then, in your Opinion 2 that an expert             12    Q. Have you ever constructed such
       13 would be able to compute damages using a           13 a model for any security?
       14 common class-wide methodology?                     14    A. Have I ever constructed a model
       15    A. That's what I mean, yes.                     15 such as these models that I have discussed
       16    Q. And when you refer there to                  16 with regards to these two academic papers?
       17 damages, do you have per-share damages in          17 I don't believe so. But that doesn't
       18 mind?                                              18 mean -- I mean, I could just follow the
       19    A. I believe that is correct.                   19 instructions in the papers.
       20    Q. All right. You are not                       20    Q. Okay.
       21 referring there to aggregate damages, are          21    A. Do it that way.
       22 you?                                               22    Q. And since I haven't seen the
       23    A. One could calculate aggregate                23 papers --
       24 damages, but no, I'm referring to per-share        24    A. But I should say, I haven't
       25 damages. I mean, you would need to make            25 been asked to calculate damages.
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        1            WERNER                                   1              WERNER
        2    Q. Okay. I will ask you that in                  2     A. Michael Fishman and Kathleen
        3 just a moment.                                      3 Hagerty.
        4         So since I haven't seen the                 4     Q. What is market microstructure?
        5 papers yet, let me ask you what might be            5     A. Basically how stocks are
        6 the same question, but what might be                6 traded, or I should say assets are traded
        7 somewhat broader. Have you ever                     7 maybe. Stocks may be a little too broad --
        8 constructed a model regarding how a change          8 or a little too specific, not too broad.
        9 in demand and/or supply for a security may          9     Q. Have you ever published in
       10 affect the market price for that security?         10 market microstructure?
       11    A. Well, I mean, I'm sure I have                11     A. I have not.
       12 derived theoretical models on that. Based          12     Q. Have you ever taught a course
       13 on actual trading data, as I sit here, I           13 on market microstructure?
       14 don't recall, but I don't believe so.              14     A. I don't believe so.
       15    Q. Okay. And when you say that an               15     Q. Do you believe that market
       16 expert could in your opinion calculate             16 microstructure may be relevant to the type
       17 per-share damages in that way, what type of        17 of demand and/or supply models that we were
       18 expert do you have in mind?                        18 just talking about?
       19    A. An expert in finance.                        19     A. For those specific models, I
       20    Q. All right. Do you believe --                 20 think that that would certainly inform
       21    A. Finance and/or economics.                    21 one's opinion.
       22    Q. Do you believe that you would                22     Q. Do you have any other model in
       23 be qualified to perform such a damages             23 mind that could be used to compute damages
       24 calculation?                                       24 in this case using a common class-wide
       25    A. I believe so, but, again, I                  25 methodology?
                                                   Page 51                                             Page 53
        1            WERNER                                   1            WERNER
        2 haven't been asked to do so.                        2     A. Now I'm looking at my initial
        3    Q. All right. And you haven't                    3 report. So one such example, and let me
        4 ever done so at any time during your                4 underline example, because that seemed to
        5 career, right?                                      5 be missed by your experts, so one way to do
        6    A. I believe, from an empirical                  6 it, and this, again, I'm not a lawyer, but
        7 standpoint, I believe that is correct.              7 based on my understanding of Affiliated
        8 Wait, let's see. I'm trying to think about          8 Ute, so I'm looking at paragraph 93, and,
        9 the market microstructure class I took and          9 again, this is an example, one of at least
       10 whether we looked at it.                           10 three methodologies that I can think of to
       11         MR. ROSEN: You are just                    11 calculate damages, one of them being this
       12    focusing on this demand-based model?            12 demand-based model, I have been informed by
       13    You are not talking about the other             13 counsel for plaintiffs that under Section
       14    model? Because I kind of lost --                14 9(a)(2) and 10(b) of the Exchange Act in a
       15         MR. RYAN: So I was asking                  15 case where class members are defrauded,
       16    about a demand and/or supply-based              16 sorry, defrauded sellers, the measure of
       17    model.                                          17 damages, and here is beginning the quote
       18    A. Okay. So now we are adding                   18 citing to Affiliated Ute, is the difference
       19 supply-based model. I mean, if I have              19 between the fair value of all that the
       20 empirically looked at that, over the last          20 seller received and the fair value of what
       21 25 years, certainly when I took a market           21 he would have received had there been no
       22 microstructure course I probably did, but          22 fraudulent conduct.
       23 that was 20 years ago. I don't recall.             23          And let's be specific that when
       24    Q. Who did you take market                      24 we talk about fair value, we are not
       25 microstructure with?                               25 talking about some valuation model, we are
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        1             WERNER                                  1            WERNER
        2 talking about dollar value. When I say              2 to a regression on intraday data, you are
        3 valuation model, I mean let's just say a            3 talking about a correlation between the
        4 discounted cash flow model. I mean, that            4 timing of Robinhood's PCO restrictions and
        5 could be one way to measure it, but that's          5 stock price movements in the nine stocks;
        6 not what they are talking about here.               6 is that right?
        7          So, you know, I go on to talk              7     A. Am I talking about a
        8 about how one could look at the difference,         8 correlation between -- I mean, I don't --
        9 and now I'm reading from subpoint (b) of            9 I'm not -- I don't know if that's the right
       10 paragraph 96 on page 39. Well, I mean, I           10 way to generalize. It would measure the
       11 guess I could start at (a). Well, we will          11 impact of the Robinhood PCO restrictions on
       12 just go with (b). One way to possibly do           12 the stock price, or the price of the
       13 it is look at the price at the end of              13 underlying stocks.
       14 trading or the close of trading on January         14     Q. And when you say would measure
       15 27th and subtract off the seller's -- or           15 the impact, that's because one of your
       16 the investor's sales price. That could be          16 variables would be the time when Robinhood
       17 one potential measure of damages.                  17 put PCO restrictions in place?
       18     Q. All right. So you said just                 18     A. I'm not sure that that would be
       19 now that the difference between the market         19 one of the variables. One of the
       20 price at the close of trading on January           20 dependent, independent variables? Could
       21 27th, 2021 and the investor's sale price           21 you be more specific?
       22 during the class period could in your              22     Q. What would the inputs in the
       23 opinion be a way of calculating class-wide         23 regression that you were just referring to
       24 damages; is that right?                            24 be?
       25     A. That would be -- that is                    25     A. Well, again, I haven't been
                                                   Page 55                                             Page 57
        1            WERNER                                   1             WERNER
        2 correct.                                            2 asked to do this, so this is -- this is not
        3     Q. Do you have other ways to                    3 like some complete model I would have done.
        4 perform such a calculation in mind other            4 I mean, I could put in -- the dependent
        5 than that method based on the market price          5 variable could be -- I mean, yeah, I would
        6 at the close of trading on January 27th,            6 want to look at the stock price.
        7 2021?                                               7          I guess I could use dummy
        8     A. Sure. I mean, and this now                   8 variables to indicate when the PCO
        9 goes -- we're in my rebuttal report, right?         9 restrictions were indicated or were
       10 No.                                                10 installed. I mean, that's an extremely
       11     Q. I think we are in your opening              11 simplistic model. Again, this is not
       12 report, Exhibit 281.                               12 something I have been asked to do at this
       13     A. So let's go to Exhibit 282, and             13 point in time, but, you know, that might be
       14 I just want to use this for example                14 one way to do it. I'm sure I could come up
       15 purposes, or at least for illustrative             15 with additional variables I would want to
       16 purposes. So we are back to Table 12 here.         16 take into consideration, but that could be
       17 I could certainly run a regression on              17 one simple way to do it.
       18 intraday data looking at the impact of the         18    Q. All right. So when you
       19 PCO restrictions -- the imposition of the          19 referred just now to a dummy variable, you
       20 PCO restrictions, and I should say because         20 mean something like zero if there is no PCO
       21 we are dealing with Robinhood, the                 21 restriction in place and 1 if there is a
       22 Robinhood specific PCO restrictions, and           22 PCO restriction in place, right?
       23 determine the impact that they had on the          23    A. That would be one example. I
       24 price of the underlying securities.                24 actually hadn't thought about it in those
       25     Q. All right. And when you refer               25 specific terms, but sure.
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        1            WERNER                                   1            WERNER
        2    Q. Okay. And so the regression                   2 the demand-based model, the model using the
        3 that you have in mind just now is whether           3 price at the close on January 27th, 2021,
        4 Robinhood had a PCO restriction in place            4 and the regression along the lines of Table
        5 correlated with the stock price movement?           5 12 to your rebuttal report?
        6    A. Again, I don't -- correlated, I               6    A. I believe that's correct.
        7 don't -- maybe, again, like look, this is           7    Q. Okay. And am I right that
        8 just an extremely simplistic model. I               8 counsel for the class plaintiffs has not
        9 haven't been asked to measure damages. You          9 asked you to calculate damages?
       10 asked me how I might go about doing it.            10    A. That is correct, in this
       11 That would be one way I might go about             11 matter, that is correct.
       12 doing it. I haven't, you know, sat down            12    Q. Am I right that counsel for the
       13 and said all right, this is the exact model        13 class plaintiffs has not asked you to
       14 I want to use and this is how I would              14 calculate loss causation or to determine
       15 implement it. But, again, it is something          15 loss causation in this matter?
       16 an economist certainly could do.                   16    A. So now you are asking me a
       17    Q. All right. So is it the case                 17 different question?
       18 that you have not tried to implement a             18    Q. Yeah. Let me ask the question
       19 model of the type you have just described          19 again.
       20 based on the stock price movements and             20         Am I right that counsel for the
       21 whether Robinhood had a PCO restriction in         21 class plaintiffs has not asked you to give
       22 place?                                             22 an opinion on loss causation in this
       23    A. For this specific case?                      23 matter?
       24    Q. Yes.                                         24    A. That is correct. When you said
       25    A. I mean, other than the visual                25 "calculate," I appreciate the
                                                   Page 59                                             Page 61
        1           WERNER                                    1             WERNER
        2 presentations, which, you know, are you             2 clarification, yes.
        3 going to believe me or your lying eyes?             3     Q. All right. And there are
        4 You know, it appears to me that they had            4 components of the damages calculations you
        5 impact.                                             5 were just going through that would relate
        6         Have I, you know, beyond the                6 to loss causation, right?
        7 surface observations, no, I have not gone           7     A. That is correct. I mean, I
        8 ahead and estimated a model that shows the          8 would only want to include the components
        9 exact impact of the PCO restrictions by             9 that are attributable to the alleged
       10 Robinhood on the underlying securities.            10 actions of Robinhood when calculating
       11    Q. Okay. And nor have you                       11 damages.
       12 constructed a model for how changes in             12     Q. All right. So back in your
       13 demand might affect the stock price, right?        13 opening report, Exhibit 281, if you could
       14    A. I believe that's what I stated               14 go with me, please, to page 4, I'm in
       15 previously.                                        15 paragraph 8(f).
       16    Q. Okay. And when you a few                     16     A. Hold on, easy. Page 4, okay,
       17 answers ago referred to, I believe you said        17 I'm there.
       18 three types of models that you had in              18     Q. Do you see that in paragraph
       19 mind --                                            19 8(f) you refer to empirical analyses that
       20    A. Three, maybe three types of                  20 study the relationship between information
       21 damage measurements, three different ways          21 flow and security price movement, and you
       22 to damage -- but yeah, if you want to              22 state that those analyses demonstrate that
       23 describe those as models, by all means go          23 a cause and effect relationship existed
       24 ahead.                                             24 between news flow and movements in the
       25    Q. Okay. And so were those three                25 security price of the seven companies? Do
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        1              WERNER                                 1            WERNER
        2 you see that?                                       2 interested in trying to understand this
        3     A. I do.                                        3 cause and effect relationship, and so we
        4     Q. All right. And when you refer                4 started off by saying that it was the
        5 there in paragraph 8(f) to a cause and              5 information in the news flow that was the
        6 effect relationship, is the news flow the           6 cause, and you are trying to measure
        7 cause?                                              7 whether there is an effect in the security
        8     A. Is the news flow the cause?                  8 price, right?
        9     Q. I'm trying to understand which               9    A. Well, the information in all of
       10 is the cause and which is the effect. Are          10 the news flow is the cause, yes.
       11 you stating here in paragraph 8(f) of your         11    Q. Okay. So am I right, then,
       12 opening report that the news flow is the           12 that you are not studying a cause and
       13 cause and the security price movements are         13 effect relationship in the reverse
       14 the effect?                                        14 direction, that is, you are not studying
       15     A. I believe that the information              15 whether security price movements cause a
       16 contained in the news flow is what is              16 change in the information flow?
       17 affecting the underlying stock price.              17    A. I mean, they could. Is that
       18     Q. All right. So you would agree               18 what I'm studying? No.
       19 that the information in the news flow is           19    Q. All right. And you are
       20 the cause in the cause and effect                  20 interested, in terms of market efficiency,
       21 relationship that you are describing in            21 you are interested just in the first cause
       22 paragraph 8(f)?                                    22 and effect relationship, right?
       23     A. I think that's a little --                  23    A. Yeah. I want to understand
       24 that's a little -- I mean, there are other         24 whether or not the information out in the
       25 factors that could cause the price changes         25 market is incorporated in the stock price.
                                                   Page 63                                               Page 65
        1            WERNER                                   1            WERNER
        2 beyond the information flow.                        2 In other words, are these stocks
        3    Q. Right. But when in paragraph                  3 informationally efficient.
        4 8(f) you describe a cause and effect                4     Q. Okay.
        5 relationship, is the cause that you are             5     A. That is my understanding under
        6 describing there the information in the             6 Halliburton II.
        7 news flow?                                          7     Q. Could you please turn to page
        8    A. It is the information in the                  8 10 of your opening report, paragraph 21.
        9 market.                                             9     A. Page 10, okay.
       10    Q. All right. And so you are                    10     Q. I take it you agree that the
       11 performing an analysis, if I understand you        11 efficient market hypothesis is the
       12 right, of whether information that reaches         12 foundation of modern finance theory?
       13 the market affects the stock price?                13     A. Well, it is certainly one of
       14    A. That is correct.                             14 the foundations of modern finance theory.
       15    Q. And you're not studying the                  15 I mean, are the Miller-Modigliani
       16 inverse of that relationship, that is,             16 principles also foundations of the modern
       17 you're not studying whether changes in the         17 finance theory? They are in the pantheon,
       18 stock price affect the news flow; is that          18 how about that?
       19 right?                                             19     Q. All right. And you wrote here
       20    A. I don't know. I mean, they                   20 in paragraph 21 of your opening report that
       21 could certainly be correlated. To the              21 "A security trades in an efficient market
       22 extent that I'm looking at news flow as a          22 when all publicly available information is
       23 proxy of news, I'm not sure.                       23 incorporated in the security price and any
       24    Q. Okay. So this is something                   24 new information that impacts the economic
       25 that I'm very interested in, right? So I'm         25 outlook of the firm gets quickly reflected
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        1             WERNER                                   1            WERNER
        2 in its security price," right?                       2 efficiency, I mean this is not the correct
        3     A. That is correct.                              3 standard for evaluating market efficiency
        4     Q. What do you mean by the                       4 in a securities class action. And, again,
        5 economic outlook of the firm?                        5 that's based on my understanding of what
        6     A. Well, how people -- what people               6 the Supreme Court said in Halliburton II.
        7 expect the firm to be worth in the future.           7     Q. Okay. So you are not a lawyer,
        8     Q. Do you agree that finance                     8 sir, are you?
        9 theory holds that the market price of a              9     A. Not today.
       10 stock reflects the discounted value of              10     Q. Not ever, right?
       11 expected future cash flows to the                   11     A. Not ever, not ever. I don't
       12 stockholder?                                        12 know, maybe in traffic court.
       13     A. I believe that people who --                 13     Q. And you don't have any legal
       14 that that is a definition of fundamental            14 training, do you?
       15 value market efficiency. But I'm not                15     A. Other than dealing with
       16 sure that -- so academically that's what my         16 securities law over the last 25 years, no.
       17 statement is. I'm not sure -- my                    17     Q. All right. And you don't hold
       18 understanding is the courts are looking for         18 yourself out as an expert in securities
       19 informational efficiency. And so to the             19 law, do you?
       20 extent that you may have -- well, let's use         20     A. I do not.
       21 the exact words so I don't screw it up.             21     Q. Okay. All right, so let's go
       22 Actually, let's look at my rebuttal report.         22 back to my question. Do you agree as an
       23          So I'm looking at paragraph 82,            23 economist that finance theory holds that
       24 page 35, of what is Exhibit 282 for this            24 the market price of a stock reflects the
       25 deposition, and I think what you're talking         25 discounted value of expected future cash
                                                    Page 67                                                   Page 69
        1              WERNER                                  1            WERNER
        2 about, and I will just read the sentence.            2 flows to the stockholder?
        3 "While neither expert explicitly admits              3     A. And I would just give the same
        4 this, Dr. Grenadier's and Mr. Fischel's              4 answer, that is a definition of fundamental
        5 analyses inappropriately require that all            5 market efficiency.
        6 of the Affected Companies' stocks be                 6     Q. Is that a definition that you
        7 fundamentally efficient in order to                  7 as an economist agree with?
        8 establish the market prices of the Affected          8     A. As the definition of
        9 Companies' stocks were reasonable proxies            9 fundamental -- if you are asking me is that
       10 for information. Fundamentally,                     10 the correct definition of fundamental
       11 efficiency" -- and this is what you were            11 market efficiency? Yes, that is the
       12 describing -- "means that a market is only          12 correct definition of fundamental market
       13 considered efficient if an asset's price            13 efficiency.
       14 is, at all times, a perfect representation          14     Q. I see. And when you use the
       15 of the present value of the asset's                 15 term "fundamental market efficiency," do
       16 expected future cash flows. That is, using          16 you mean, as stated in paragraph 82 of your
       17 fundamental efficiency as a standard means          17 rebuttal report --
       18 the market for a security is inefficient            18     A. Hold on, I've got to go back
       19 unless that security prices matches a               19 there, I'm sorry, I closed off. Paragraph
       20 specific target price derived from one              20 82, right?
       21 specific valuation model. This is not the           21     Q. Yes.
       22 correct standard for evaluating market              22     A. Do you have a page number? It
       23 efficiency."                                        23 is just easier.
       24           And when I say this is not the            24     Q. It is page 35.
       25 correct standard for evaluating market              25     A. All right, 35. Okay, go ahead.
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        1             WERNER                                      1             WERNER
        2    Q. When you use the term                             2 I'm just stating what I stated in my
        3 "fundamental market efficiency," do you                 3 report.
        4 mean, as stated in paragraph 82 of your                 4     Q. I'm asking you what you are
        5 rebuttal report, that the market for a                  5 opining, sir. Are you opining that what
        6 security is inefficient unless that                     6 you in paragraph 82 of your rebuttal report
        7 security price matches a specific target                7 call fundamental efficiency is not the
        8 price derived from one specific valuation               8 correct standard for evaluating market
        9 model?                                                  9 efficiency in a securities class action?
       10    A. Well, I mean, I don't -- I                       10     A. That is my understanding.
       11 would encompass the entire part that I read            11     Q. Is it an opinion that you are
       12 previously. I think that gives a fuller                12 rendering as an expert?
       13 explanation. I don't know if that one                  13     A. I don't believe so.
       14 sentence by itself encompasses the entire              14     Q. You are merely repeating what
       15 definition.                                            15 lawyers have told you they believe the law
       16    Q. And when you write in the last                   16 is, right?
       17 sentence of paragraph 82 of your rebuttal              17     A. Well, as well as my reading,
       18 report that "this is not the correct                   18 but as a layman. To be specific, as an
       19 standard for evaluating market efficiency,"            19 economist, that's my understanding. So
       20 that's just a statement of your                        20 based on, yes, based on conversations with
       21 understanding of what securities law is,               21 lawyers, both plaintiff and defense
       22 right?                                                 22 lawyers, as well as my conversations I
       23    A. Well, I mean, it is based on my                  23 guess with my colleagues and my reading of
       24 understanding of what my clients have told             24 academic articles, Supreme Court decisions.
       25 me over the last -- well, I don't know,                25          I mean, look, economists make a
                                                       Page 71                                               Page 73
        1             WERNER                                      1             WERNER
        2 when was Halliburton II? 2014. So the                   2 distinction between fundamental efficiency
        3 last nine years.                                        3 and informational efficiency. I mean,
        4     Q. Your clients being plaintiffs                    4 Dr. Fischel -- fuck -- sorry -- can we
        5 securities class action lawyers, right?                 5 strike -- can we strike that? No.
        6     A. Well, my clients being lawyers.                  6          Mr. Fischel, right, delineates
        7 They are not all plaintiffs securities                  7 between, and he did this in the IPO case as
        8 class action lawyers.                                   8 well as some of his academic work,
        9     Q. Okay. So you are not opining                     9 delineates between fundamental efficiency
       10 as an expert here today whether what you               10 and informational efficiency. So, I mean,
       11 define in paragraph 82 of your rebuttal                11 is there a difference? Yeah, there is a
       12 report as fundamental efficiency is or is              12 difference.
       13 not the correct standard for evaluating                13     Q. All right.
       14 market efficiency in a securities class                14     A. But, I mean, it is not like
       15 action, are you?                                       15 economists just say oh, stocks must be --
       16     A. Am I opining about whether or                   16 it is not like all economists or all
       17 not that is the correct standard? I mean,              17 financial economists have determined that
       18 I say it is the incorrect standard. I                  18 all stocks might be fundamentally
       19 don't know, is that opining that it is not             19 efficient. Again, I mean, I cite to
       20 the correct standard?                                  20 Fischel in his -- well, I guess since I'm
       21     Q. Okay. So then are you, I guess                  21 citing to Fischel, we should go to the
       22 I'm just -- I'm quite surprised to hear                22 cite. Where are we here? Again, I'm back
       23 that, so are you opining here today --                 23 at 282, Exhibit 282 to this deposition.
       24     A. Well, I'm asking you. I don't                   24          So among other things that he
       25 know whether that is considered opinion.               25 said, I'm looking at paragraph 84, page 36,
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                                                       Page 74                                             Page 76
        1            WERNER                                       1            WERNER
        2 "Unfortunately, no direct method exists for             2 that in an efficient market finance theory
        3 testing how closely prices reflect value                3 holds that the market price of a stock
        4 because the value of an asset cannot be                 4 reflects the discounted value of expected
        5 measured apart from its price."                         5 future cash flows to the stockholder?
        6         And then he goes on to say --                   6     A. And, again, I refer to you,
        7 now I'm reading from Halliburton, sorry.                7 that is the definition of fundamental
        8 Oh, all right, yeah, so here, paragraph 86,             8 market efficiency. Does finance theory
        9 page 37, this is quoting from Mr. Fischel's             9 hold that fundamental market efficiency is
       10 Cornell Law Review article in '89.                     10 exactly what you wrote? The answer is yes.
       11 "Indeed, the constant search for market                11     Q. Okay. And do you agree, then,
       12 professionals for mispriced securities is              12 that as a result new information that
       13 the mechanism whereby price reflects                   13 causes the market to significantly alter
       14 information about underlying values, and to            14 its expectations of future cash flows will
       15 emphasize, again, the critical question is             15 cause a quick repricing of the security to
       16 not whether market prices are always a                 16 reflect these new expectations?
       17 perfect proxy for the underlying value of              17     A. Oh, I would certainly expect
       18 the asset, but whether a better proxy                  18 that to be the case, yes, whether it is
       19 exists on a consistent basis. Thus far,                19 fundamentally efficient or informationally
       20 the answer to this critical question is                20 efficient.
       21 no."                                                   21          MR. RYAN: Okay. Why don't we
       22         And to the best of my                          22     take a quick break.
       23 knowledge, even though this was written in             23          THE VIDEOGRAPHER: This will
       24 '89, the answer to that question continues             24     end media unit two. We are going off
       25 to be no today.                                        25     the record at 11:41.
                                                       Page 75                                             Page 77
        1            WERNER                                       1            WERNER
        2     Q. Do you understand, sir, that                     2         (Recess taken.)
        3 the judge in this case will determine what              3         THE VIDEOGRAPHER: We are back
        4 the law is?                                             4     on the record at 11:49. This will
        5     A. I think that's true in every                     5     begin media unit three.
        6 case, right? But as opposed to other                    6 BY MR. RYAN:
        7 cases?                                                  7     Q. All right. So did I understand
        8     Q. Do you understand that it is                     8 you before, Dr. Werner, correctly that
        9 true in this case?                                      9 based on discussions you have had with
       10     A. I believe that's true. I have                   10 lawyers, your understanding is that what
       11 no reason not to.                                      11 you call fundamental efficiency does not
       12     Q. All right. And so am I right                    12 apply in a securities class action?
       13 that you are not purporting to opine as to             13     A. I don't know if that's
       14 what the legal standard for market                     14 accurate. I mean, I don't know, there
       15 efficiency in this case should be?                     15 could be instances where it does apply.
       16     A. Oh, that is correct. That is                    16     Q. Let me ask a better question.
       17 correct, yes.                                          17 Let me ask a better question, since I think
       18     Q. All right.                                      18 I may have asked a bad one.
       19     A. Is now a good time to take a                    19     A. Sure, sure.
       20 break?                                                 20     Q. Did I understand you correctly
       21     Q. Let me just ask you this                        21 before, Dr. Werner, that based on
       22 question again, because I'm trying to                  22 discussions you've had with lawyers your
       23 finish this question about what finance                23 understanding is that what you call
       24 theory holds.                                          24 fundamental efficiency is not required for
       25          Do you agree as an economist                  25 a finding of market efficiency in a
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                                                    Page 78                                               Page 80
        1            WERNER                                    1            WERNER
        2 securities class action?                             2         Could you repeat the question,
        3     A. My understanding, and it's not                3 please?
        4 just on my discussions with lawyers, it is           4     Q. Sure. When you approached your
        5 also discussions with my colleagues,                 5 assignment in this matter and the opinions
        6 reading of case law, and, again, I'm not a           6 on market efficiency that you gave in this
        7 lawyer, review of academic literature, that          7 matter, am I right that you did not attempt
        8 the basis under Halliburton II is that               8 to apply the proposition from finance
        9 stocks must be informationally efficient.            9 theory that holds that in an efficient
       10 That's the impression I'm under. If that's          10 market the market price of a stock reflects
       11 wrong, then I'm incorrect or my                     11 the discounted value of expected future
       12 understanding is incorrect.                         12 cash flows to the stockholder?
       13     Q. All right. So you are under                  13     A. I did not apply the standard of
       14 the impression that only what you call              14 foundational market efficiency.
       15 informational efficiency is required in a           15     Q. All right.
       16 securities class action, right?                     16         MR. ROSEN: He misspoke. He
       17     A. I believe that -- I believe                  17     used the word "foundational."
       18 that is correct.                                    18         THE WITNESS: Oh, foundational,
       19     Q. All right. And so the flip                   19     you are right. I should have said
       20 side of that, then, would be that you are           20     fundamental market efficiency. You
       21 under the impression that in a securities           21     used the word "foundational," so it
       22 class action, what you call fundamental             22     obviously stuck in my brain.
       23 efficiency is not required, right?                  23     Q. Okay. And so when you say that
       24     A. I guess the question, is it                  24 you did not render in your opinions in this
       25 necessary or sufficient? I think as                 25 case attempt to apply what you call
                                                    Page 79                                               Page 81
        1            WERNER                                    1            WERNER
        2 long -- so it might be -- I don't know.              2 fundamental market efficiency, you are
        3 Let's not get into logic.                            3 saying that you did not attempt to apply
        4     Q. Right. I was asking you                       4 the proposition that the market price of a
        5 whether it was necessary, not whether it             5 stock reflects the discounted value of
        6 was sufficient.                                      6 expected future cash flows to the
        7     A. I guess the answer to that                    7 stockholder, right?
        8 question is yes, that is my understanding.           8     A. My answer hasn't changed.
        9     Q. Okay. And so when you                         9     Q. And so is your answer that you
       10 approached your assignment in this matter           10 did not attempt to apply that because that
       11 and the opinions on market efficiency that          11 is what you believe fundamental market
       12 you gave in this matter, am I right that            12 efficiency is?
       13 you did not attempt to apply the                    13     A. Again, it's the same answer I
       14 proposition from finance theory that holds          14 gave you five, ten minutes ago. It hasn't
       15 that in an efficient market the market              15 changed.
       16 price of a stock reflects the discounted            16     Q. So I don't know what the answer
       17 value of expected future cash flows to the          17 is, sir. So I'm entitled to understand
       18 stockholder?                                        18 whether the answer is yes or no.
       19     A. So, I mean, do we want to                    19     A. So can you go back to the part
       20 stipulate that that's the definition of             20 where he last asked me that question? It
       21 foundational market efficiency? I don't             21 has been like five or six times. So
       22 know why you keep reading that particular           22 whenever you find it, you can just read my
       23 statement rather than just say fundamental          23 response to him.
       24 market efficiency. But you are asking the           24     Q. I'm entitled to an answer to
       25 questions.                                          25 this question. So let me ask again. It is
                                                                                             21 (Pages 78 - 81)
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                                                   Page 82                                               Page 84
        1            WERNER                                   1             WERNER
        2 a quite simple question. My question is             2 digests all available information and
        3 this:                                               3 translates that information into a market
        4         In your work on this case and               4 price?
        5 in the opinions that you rendered in this           5     A. I believe that statement is
        6 case, am I right that you did not attempt           6 accurate. But, again, I mean, I can cite
        7 to apply the proposition from finance               7 to Mr. Fischel, I'm not sure if it was in
        8 theory that the market price of a stock             8 the IPO litigation or other litigation,
        9 reflects the discounted value of expected           9 that he defined fast and quickly as an
       10 future cash flows to the stockholder?              10 18-hour period. You know, one's definition
       11     A. I did not use fundamental --                11 of fast is definitely possibly subjective.
       12 the fundamental -- the definition of               12     Q. Do you agree that a corollary
       13 fundamental market efficiency as the               13 of the efficient market hypothesis is that
       14 standard in my work in this case.                  14 disclosure of confirmatory information, or
       15     Q. All right. And you believe                  15 information already known by the market,
       16 that the proposition that I read out in my         16 will not cause a change in the stock price?
       17 immediately preceding question is the              17          MR. ROSEN: Could you reread
       18 definition of fundamental market efficiency        18     that question.
       19 which you did not apply?                           19          (The record was read.)
       20     A. I believe it is the definition              20     A. I think under the definition of
       21 of fundamental market efficiency.                  21 fundamental market efficiency, that
       22     Q. Okay. Do you agree that an                  22 statement is correct.
       23 efficient capital market rapidly and               23     Q. Do you believe that that
       24 efficiently digests all available                  24 statement is incorrect under the definition
       25 information and translates that information        25 of what you call informational market
                                                   Page 83                                               Page 85
        1            WERNER                                   1           WERNER
        2 into the processed form of a market price?          2 efficiency?
        3     A. Okay, so that sounds like                    3     A. Well, it could be incorrect.
        4 something I may have said. Is that                  4     Q. So you believe that that
        5 something you want me to look at or do you          5 statement is not necessarily correct under
        6 want to reread it?                                  6 what you call informational market
        7     Q. I'm happy to ask the question                7 efficiency?
        8 again.                                              8     A. I believe your statement is
        9     A. You can let him reread it. It                9 correct.
       10 is fine.                                           10     Q. Okay. And so in providing your
       11          MR. RYAN: Sure. Go ahead.                 11 opinions on market efficiency in this
       12          (The record was read.)                    12 matter, am I right that you did not attempt
       13     A. I mean, could you read it                   13 to apply the proposition that disclosure of
       14 again? I mean, if you want me to look at           14 confirmatory information or information
       15 something, I'm happy to look at it, but let        15 already known by the market will not cause
       16 me just -- let me process all of the               16 a change in the stock price?
       17 information incorporated in that question.         17     A. Could you repeat that, please?
       18          (The record was read.)                    18         (The record was read.)
       19     A. In the processed form of a                  19     A. There is one word I missed
       20 market price? What do you mean by                  20 there. Sorry, can you reread it again?
       21 processed form?                                    21 And I will stop you when I reach the word
       22     Q. Well, let me ask the question               22 that I was focused on and forgot.
       23 more simply then.                                  23         (The record was read.)
       24          Do you agree that an efficient            24     A. So it's the word "proposition."
       25 capital market rapidly and efficiently             25 I don't know if I applied that proposition
                                                                                            22 (Pages 82 - 85)
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                                                 Page 86                                               Page 88
        1            WERNER                                 1            WERNER
        2 or not.                                           2 efficiency.
        3     Q. All right. You didn't set out              3     Q. Well, how would you define
        4 to apply that proposition I take it then?         4 crazy stock price movements?
        5     A. I didn't, I mean, I didn't do              5     A. It's your -- it's your term. I
        6 it one way or the other. I didn't set out,        6 don't know. It's not -- it's not anything
        7 I didn't not set out.                             7 I have thought about. I don't sit around
        8     Q. Okay.                                      8 thinking, you know what, this is a crazy
        9     A. I mean -- well, we -- I'm sure             9 stock price movement or this is not a crazy
       10 we will get into it more later. Go ahead.        10 stock price movement. That's why I'm
       11     Q. Do you agree that if you saw              11 asking, go ahead, show me what you mean. I
       12 all sorts of crazy stock price movements on      12 mean, I'm sure you have examples. I'm
       13 no information, that might inform you that       13 happy to render an opinion about those.
       14 the stock was not efficient?                     14     Q. Right. I do certainly have
       15     A. Crazy stock price movements, so           15 examples in this case of crazy stock price
       16 I'm sure you have examples of what you mean      16 movements, that's for sure.
       17 by crazy stock price movements. So would         17     A. I should say what you believe
       18 you like to give me some examples? I mean,       18 are examples of crazy stock price
       19 you --                                           19 movements.
       20     Q. I will, but let me -- let me              20     Q. Were you an expert in a case
       21 ask you -- let me ask you the general            21 called Hi-Crush Partners?
       22 question first.                                  22     A. Evidently.
       23          So do you agree that if you saw         23     Q. Do you remember being an expert
       24 what you considered crazy stock price            24 in that case?
       25 movements on no information that might           25     A. I do not recall being an expert
                                                 Page 87                                               Page 89
        1            WERNER                                 1            WERNER
        2 inform you that the stock wasn't efficient?       2 in that case. But I was -- I mean, it's on
        3     A. So things that I thought were              3 my vitae.
        4 crazy?                                            4     Q. All right. Let me hand you
        5     Q. Yes.                                       5 what we have marked as Deposition Exhibit
        6     A. Could that inform my opinion?              6 283, which is a transcript of the
        7 It certainly could inform my opinion as to        7 deposition of Dr. Adam Werner in the case
        8 whether or not the stock was fundamentally        8 captioned In Re Hi-Crush Partners LP
        9 efficient.                                        9 Securities Litigation held on April 24th,
       10     Q. Could it inform your opinion as           10 2014.
       11 to whether or not the stock was, to use          11          (Defendant's Exhibit 283 marked
       12 your term, informationally efficient?            12 for identification.)
       13     A. I don't, as I sit here today, I           13     A. April 24th, so over nine years
       14 don't know. It is not anything I have            14 ago. All right, go ahead.
       15 thought about. I mean, in your                   15     Q. So if I could ask you, please,
       16 hypothetical you are talking about crazy         16 to look at page 124 of this deposition,
       17 stock price movements.                           17 line 25.
       18     Q. I am.                                     18     A. Page 124. Hold on. 124.
       19     A. I don't know what you mean by             19     Q. Do you see that you said at
       20 crazy stock price movements. So it is not        20 page 124, line 25, to page 125, line 4 "So,
       21 anything -- I haven't sat down with anyone       21 I mean, if I saw all sorts of crazy stock
       22 and said hey, let's think about crazy stock      22 price movements on no information, that
       23 price movements without defining what crazy      23 might inform me that the stock wasn't
       24 stock price movements are and then how does      24 efficient"?
       25 that affect my opinion about market              25          Do you see that?
                                                                                          23 (Pages 86 - 89)
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                                                  Page 90                                              Page 92
        1            WERNER                                  1             WERNER
        2    A. I do see that.                               2 That's what the --
        3    Q. All right. And that is                       3          MR. ROSEN: Are you saying the
        4 testimony that you gave in the Hi-Crush            4     class period or the stock period?
        5 case, right?                                       5          MR. RYAN: I'm asking the class
        6    A. Right, or, I'm sorry, correct.               6     period.
        7    Q. And the reason that you gave                 7          MR. ROSEN: Where does the
        8 that testimony is that if you saw all sorts        8     class period say that? I saw study
        9 of crazy stock price movements without any         9     period. I didn't see class period.
       10 new information coming to the market, that        10     A. Wait, hold on. So this is just
       11 might inform you that the stock was not           11 a question the lawyer is asking, so I have
       12 trading in an efficient market, right?            12 no idea what we are talking about.
       13    A. Well, let me -- let me read                 13     Q. Okay.
       14 around this so I know exactly. I mean,            14     A. Like I said, I barely remember
       15 look, I don't even -- I don't have this           15 this case. So yeah, I don't know what was
       16 report. I don't remember this case at all.        16 going on here. But if you want me to read
       17 So let me -- let me read some of the              17 it and try to get context so I can answer
       18 context in which -- and I will figure out         18 your questions, I'm happy to do that.
       19 whether the facts and circumstances are           19     Q. Do you see on page 122 on lines
       20 similar to this case and what exactly I           20 13 to 18 the lawyer who is questioning you
       21 meant.                                            21 asks you whether you agree with him that in
       22          (Witness perusing document.)             22 your event study in that case there were no
       23    Q. So if you have read pages 122               23 statistically significant dates during the
       24 to 125 I think you have all the context           24 class period, and he explains that the
       25 that we need to understand this.                  25 class period was from September 19th
                                                  Page 91                                              Page 93
        1            WERNER                                  1           WERNER
        2     A. Oh, well, I don't want to                   2 through November 12th of 2012?
        3 disagree with you, but, again, this is --          3     A. I mean, yeah, that's the way I
        4 when was this deposition? Over nine years          4 would read it as I sit here today.
        5 ago. And I believe it was before -- I              5     Q. And then do you see that the
        6 don't know, when did the Halliburton II            6 lawyer goes on to ask you about how there
        7 decision come out? Anyway, I mean, I need          7 is a subsequent event period that you study
        8 to read what I need to read to answer your         8 for one year after the class period in the
        9 question properly, right?                          9 Hi-Crush case from November 13th, 2012
       10     Q. All right. So let me try to --             10 through November 13th, 2013 where there are
       11 let me ask you a question --                      11 a number of statistically significant dates
       12     A. So do you want to rescind that             12 in your regression analysis?
       13 question? Or do you want me to continue to        13     A. Well, again, in order to answer
       14 try to answer it?                                 14 these questions, I really need to put these
       15     Q. Why don't I withdraw my                    15 statements that I made into context. So
       16 previous question and ask you this                16 I'm happy to read this and let that inform
       17 question:                                         17 my opinion of exactly what I said if you
       18         Do you see on page 122 of this            18 would like me to. But I would like that
       19 transcript from the Hi-Crush case that you        19 opportunity so I can answer the question as
       20 had -- that you were analyzing a class            20 accurately as possible. Again, I don't
       21 period in this case from September 19th           21 remember this case at all.
       22 through November 12th, 2012?                      22     Q. Right. So what I'm asking you
       23     A. I do see that that's what I was            23 right now is whether you see on pages 122
       24 doing, yes, or at least that's what the           24 to 123 that that is what the lawyer is
       25 lawyers -- again, I don't recall this.            25 asking you, whether you agree that in this
                                                                                           24 (Pages 90 - 93)
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                                                   Page 94                                               Page 96
        1             WERNER                                  1             WERNER
        2 case, the Hi-Crush case, you analyzed an            2     Q. And then do you see on page
        3 event period for one year subsequent to the         3 124, beginning at line 5, the lawyer asks
        4 class period and there were statistically           4 you to explain how you were able to
        5 significant dates during that period?               5 conclude based on the presence of
        6     A. So if you are just asking if                 6 statistically significant events during the
        7 you are reading that statement correctly,           7 subsequent period, the subsequent one-year
        8 the answer is yes, you are reading the              8 period, how that forms your opinion that
        9 statement correctly. But I have no context          9 the market was efficient during the class
       10 for what that guy was asking or why he was         10 period, and then do you see your answer
       11 asking it without reading more of my               11 that begins at line 19 that reads "Answer:
       12 deposition.                                        12 Well, there are no -- I mean, I don't --
       13     Q. Okay. And then do you see on                13 you are right, I don't see any
       14 page 123 at lines 8 through 17 you are             14 statistically significant price movements,
       15 asked to confirm that there were no                15 but there was also no significant news
       16 statistically significant dates during the         16 issue during that time. So, I mean, if I
       17 class period in Hi-Crush, and you confirmed        17 saw all sorts of crazy stock price
       18 that that's accurate? Do you see that?             18 movements on no information, that might
       19     A. Where?                                      19 inform me that the stock wasn't efficient"?
       20     Q. On page 123, lines 8 through                20          Do you see that?
       21 17.                                                21     A. I see your reading of that,
       22     A. Wait, I'm sorry, so it seems                22 yes. I mean, you read it correctly, not
       23 like -- my reading of this is that there           23 that I see your reading, you are obviously
       24 were some disagreement over what the class         24 reading. I'm not seeing words in front of
       25 period was. Was that the case?                     25 me.
                                                   Page 95                                               Page 97
        1            WERNER                                   1             WERNER
        2     Q. That's not my understanding.                 2     Q. And so what you are saying
        3 My understanding is these questions are             3 there was that even though there were no
        4 just distinguishing between the class               4 statistically significant stock price
        5 period and a one-year period that you also          5 movements during the class period in the
        6 analyzed in the Hi-Crush case following the         6 Hi-Crush case, that wasn't inconsistent
        7 class period.                                       7 with efficiency, because there was also no
        8     A. Okay. So during the class                    8 material information that was coming out
        9 period, and this is me asking it, I'm using         9 about the company during the period, and so
       10 your definition or everyone's definition,          10 you didn't expect to see statistically
       11 so that to me suggests that there was some         11 significant stock price movements, right?
       12 conflict over what the proper class period         12     A. I'm sorry, where are you
       13 was.                                               13 reading from? Where are we talking about
       14         I certainly want more                      14 material information? I missed that part.
       15 information about that so that I can -- I          15          Again, if you want me to answer
       16 mean, again, if you want to ask me if you          16 these questions and you are going to talk
       17 are just reading it correctly, the answer          17 about material information, I definitely
       18 is yes. If you want me to give a                   18 need to read more of this. I will point
       19 substantive answer, I need to understand           19 out -- see, I don't remember the facts of
       20 what was going on here.                            20 this case. Was there a corrective
       21         Again, to the extent that there            21 disclosure at the end of the class period?
       22 was some -- I don't know if part of this           22 Like is this one of these cases where, you
       23 conflict leaked into this additional period        23 know, the class period ended on the 26th
       24 that I was looking at. I have no idea as I         24 and the corrective disclosure came after
       25 sit here today.                                    25 the market closed on the 26th, and so that
                                                                                            25 (Pages 94 - 97)
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                                                  Page 98                                               Page 100
        1             WERNER                                 1             WERNER
        2 we observed the stock price movement on the        2 information during the class period.
        3 27th?                                              3          MR. ROSEN: Do you have his
        4          I don't -- I mean, I would say            4     report so --
        5 that I need, in order to answer your               5     A. There you go. I can look at my
        6 questions, I need to understand the facts          6 report and tell you.
        7 and circumstances surrounding this case,           7     Q. Let me ask you the question
        8 and my guess is the facts and circumstances        8 this way: As you sit here today, do you
        9 surrounding this case, to the extent that I        9 agree that if during a particular time
       10 recall it, which I don't, are different           10 period you see all sorts of crazy stock
       11 than the facts and circumstances associated       11 price movements on no information, that
       12 with this case.                                   12 might inform you that the stock wasn't
       13    Q. So do you see that the phrase               13 efficient?
       14 that you used in your answer that I just          14     A. Do I agree today -- I think
       15 read out beginning at page 124, line 19,          15 if -- and, again, this is nine years ago,
       16 was "no significant news"?                        16 and, again, I believe before Halliburton II
       17    A. I'm sorry, where are we?                    17 came out, I believe if I put in the term
       18    Q. Do you see that in the answer I             18 "fundamental market efficiency," your
       19 just read out from page 124, line 19,             19 statement is correct.
       20 through page 125, line 4, you used the            20          But, well, I mean, to the
       21 phrase, on lines 22 to 23, "no significant        21 extent I can answer the question, that's my
       22 news"?                                            22 answer. But, again, I mean, this was -- I
       23    A. I do see that.                              23 don't recall this case at all. I mean, I
       24    Q. All right. So isn't it the                  24 can't even -- I couldn't even find a
       25 case that what you are testifying here was        25 report. You presumably have the report.
                                                  Page 99                                               Page 101
        1             WERNER                                 1             WERNER
        2 that during the class period in the                2 I'm happy to take a look at it if you want
        3 Hi-Crush case you didn't see any                   3 me to. Maybe that will reflect -- refresh
        4 statistically significant price movements,         4 my memory as to it.
        5 but there was also no significant news             5     Q. So in the work that you are
        6 issued during that period, and therefore           6 doing in this litigation that brings us
        7 the lack of statistically significant stock        7 here today, in the short squeeze trading
        8 price movements was not inconsistent with          8 litigation, am I right that you are not
        9 market efficiency?                                 9 applying the principle that if you see all
       10     A. Again, I don't know what I was             10 sorts of crazy stock price movements on no
       11 saying in this case. This is nine years           11 information, that might inform you that the
       12 ago. Again, I'm happy to read more of this        12 stock wasn't trading in an efficient
       13 so I understand exactly what was going on         13 market?
       14 in this case to accurately answer your            14     A. I think, again, I don't recall
       15 question.                                         15 this case at all.
       16          I mean, I guess I -- I assume            16     Q. I'm not asking you about the
       17 what I meant there was fundamental market.        17 case.
       18 I mean, do I even mention market                  18     A. No, no, no. I'm speculating
       19 efficiency? I probably -- yeah, again, I          19 that what I was talking about here was
       20 don't recall this at all, but I'm happy to        20 fundamental market efficiency. What I am
       21 read and refresh my recollection and give         21 talking about and what I have realized over
       22 you the best answer I can. So I don't             22 the last nine years based on literature,
       23 understand -- I don't know the facts and          23 based on discussions, based on case law, is
       24 circumstances of this case. I don't know          24 that the standard is informational market
       25 why there wouldn't have been any                  25 efficiency. That is the standard I'm
                                                                                          26 (Pages 98 - 101)
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                                                 Page 102                                            Page 104
        1            WERNER                                  1             WERNER
        2 applying for this case.                            2 informational market efficiency.
        3     Q. So regardless of the specifics              3     Q. All right. And so if in this
        4 of the Hi-Crush case, is it the case that          4 case you believe that there were crazy
        5 at some earlier point in time during your          5 stock price movements on no information, am
        6 career as a testifying expert, you were            6 I right that you would not draw any
        7 applying a standard that you now consider          7 conclusion from that one way or the other
        8 to be fundamental market efficiency?               8 as to whether the markets for those stocks
        9     A. I think from an academic                    9 were informationally efficient?
       10 perspective, to the extent I was thinking         10     A. Again, I don't know what I
       11 like an academic and thinking about a             11 meant by "crazy" nine years ago.
       12 theoretical world, that is correct.               12     Q. I'm not asking you that, sir.
       13     Q. And so am I understanding you              13 I'm not asking you anything about --
       14 right, then, that over time in your career        14     A. But you are. You are asking me
       15 as a testifying expert you have consciously       15 about crazy stock price movements, right?
       16 changed the standard that you are applying        16 Was that not in the question?
       17 and you are no longer applying a                  17     Q. Hi-Crush was not in the
       18 fundamental efficiency standard, you are          18 question.
       19 now applying what you call an informational       19     A. No, no, but the word "crazy"
       20 efficiency standard?                              20 was in the question, correct?
       21     A. Well, I mean, it's not just me             21     Q. Let me ask you the question
       22 who calls it informational market                 22 again.
       23 efficiency. I mean, Mr. Fischel calls it          23          If in this case you believed
       24 informational market efficiency, thousands        24 that there were crazy stock price movements
       25 of economists call it informational market        25 on no information, am I right that you
                                                 Page 103                                            Page 105
        1            WERNER                                  1            WERNER
        2 efficiency. It is an accepted term within          2 would not draw any conclusion from that one
        3 the finance world.                                 3 way or the other as to whether the markets
        4         So am I applying the standard              4 for those stocks were informationally
        5 of informational market efficiency which is        5 efficient?
        6 accepted throughout academia? Yeah, that's         6     A. Again, I don't know what you
        7 what I'm applying. I'm sorry, whoa, did I          7 mean by "crazy."
        8 say fundamental or informational?                  8     Q. All right. So that term "crazy
        9     Q. You said informational.                     9 stock price movements" is one that you
       10     A. I'm sorry, this is just --                 10 agree that you used under oath, right?
       11 again, I'm just confused by this case.            11     A. Nine years ago, right. Do you
       12     Q. So let me get back to my                   12 want me to reread this so I get an
       13 question. Is it the case, then, that over         13 understanding and context of "crazy"?
       14 time in your career as a testifying expert        14 Because I'm happy to do it so I have a
       15 you have consciously changed the standard         15 better understanding of what I meant by
       16 that you are applying and you are no longer       16 "crazy" nine years ago. But if you have a
       17 applying a fundamental efficiency standard,       17 definition today of "crazy" that you would
       18 you are now applying an informational             18 like me to use in this matter, define it
       19 efficiency standard?                              19 for me and I will try to apply it to this
       20     A. I believe that is correct. I               20 matter.
       21 believe my understanding is that the              21     Q. Okay.
       22 standard, and, again, based on everything I       22     A. Does that make sense? I mean,
       23 have stated, that in this, I don't know,          23 I think I'm being reasonable here. I'm
       24 realm, the world of securities class              24 just trying to answer the question to the
       25 actions, that the standard of efficiency is       25 best of my ability, and you are using a
                                                                                       27 (Pages 102 - 105)
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                                                 Page 106                                             Page 108
        1             WERNER                                 1            WERNER
        2 subjective term that I guess I used in a           2    A. I do. Whoa, all right, I do.
        3 deposition nine years ago. Who knows what          3    Q. Could you please turn to page
        4 was going on in my life at that point in           4 132.
        5 time.                                              5    A. 132. Okay.
        6          So is there a corollary to what           6    Q. All right. Are you with me
        7 "crazy" means today? I honestly -- I don't         7 here on the last page of your Exhibit 7A?
        8 know what you mean, so give me some                8    A. I am here, yeah.
        9 examples, I'm happy to take a look at them.        9    Q. And these are the day-by-day
       10 But it's a subjective term, so I need to          10 results of your AMC event study, right?
       11 understand what it means, or what you think       11    A. Oh, okay, yeah. I just saw
       12 it means. I think that's reasonable.              12 this one page in a vacuum and I thought I
       13     Q. All right. And you understand              13 couldn't figure out why I would just put
       14 that in the Hi-Crush case itself there in         14 one, you know, point on a page.
       15 fact were no statistically significant            15         MR. ROSEN: Which exhibit are
       16 stock price movements during the class            16    you on?
       17 period, and so you were introducing a             17         THE WITNESS: 7A, so page 132.
       18 counterfactual of the crazy stock price           18    And for context you may want to look at
       19 movements, right? You understand that,            19    131 before that.
       20 don't you?                                        20    Q. Right. So Exhibit 7A begins on
       21     A. No, I don't understand it. I               21 page 125, right?
       22 don't remember the case. But, again,              22    A. Yeah.
       23 either -- here, I will give you the best          23    Q. And on --
       24 answer I can. If you give me the report           24    A. Yes.
       25 and allow me to look at it, or allow me to        25    Q. And on pages 125 to 132 there
                                                 Page 107                                             Page 109
        1            WERNER                                  1            WERNER
        2 read my deposition testimony so I have a           2 is an entry for each day during your
        3 clear understanding of what was happening          3 one-year period, right?
        4 in this case.                                      4     A. Correct.
        5     Q. All right. Could you turn,                  5     Q. And you found that in your
        6 please, to Exhibit 7A.                             6 event study on January 27th, 2021 the
        7     A. So we're going off of this? We              7 residual return for AMC was 138.05 percent,
        8 are going off "crazy"?                             8 right?
        9     Q. We are going off the Hi-Crush               9     A. Well, oh, yeah, I'm sorry. I'm
       10 case. I'm taking you up on your invitation        10 looking at the wrong page. On a
       11 for me to give you some facts of this case        11 logarithmic -- on a logarithmic basis, yes,
       12 so we can see whether the stock price             12 that is correct, the abnormal return.
       13 movements are crazy.                              13     Q. And if we look, for example, at
       14     A. Okay. Hold on. Hold on. What               14 Koss, this is now page 172 in Exhibit 7F.
       15 is this? Did you give me the whole                15     A. Okay, hold on. Okay.
       16 deposition?                                       16     Q. You found that the residual
       17     Q. Yes, sir.                                  17 return for Koss on January 27th, 2021 was
       18          MR. ROSEN: You just turned               18 176.03 percent, right?
       19     around the front page.                        19     A. Correct, again, on a
       20     A. Do I need this anymore?                    20 logarithmic basis, but yes.
       21     Q. No.                                        21     Q. And I will do one more. If we
       22     A. Okay, we are fine.                         22 look at Express, this is now on page 156,
       23     Q. Do you have your opening                   23 Exhibit 7D to your opening report --
       24 report, marked as Exhibit 281 to this             24     A. Oh, I'm sorry, what page?
       25 deposition?                                       25     Q. 156.
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        1            WERNER                                    1            WERNER
        2    A. 156.                                           2      A. They are large.
        3    Q. You found that the residual                    3      Q. Do you agree that they are the
        4 return for Express on January 27th, 2021             4 largest for any day during your study?
        5 was 118.43 percent, right?                           5      A. Oh, as I sit here, I don't
        6    A. Correct.                                       6 recall. I'm happy to look through all of
        7    Q. All right. And so do you agree                 7 these exhibits and let you know if that's
        8 with me that at least for AMC, Koss and              8 the case.
        9 Express, those were crazy stock price                9      Q. That is not something you
       10 movements on January 27th, 2021?                    10 thought about before I just asked you that
       11    A. No, I don't think I will ever                 11 question?
       12 use the term "crazy stock price movements"          12      A. That these are the largest
       13 again. I would say they are large.                  13 stock price movements?
       14    Q. They are each over 100 percent                14      Q. Yes, sir.
       15 residual return on one day, right?                  15      A. These three companies?
       16    A. That is correct.                              16      Q. On January 27th, 2021, yes,
       17    Q. And by residual return, we mean               17 sir.
       18 adjusted for market and industry index              18      A. I mean, I have thought about
       19 returns, right?                                     19 the stock price movements. I haven't
       20    A. Correct.                                      20 thought about whether they are the largest
       21    Q. So this is, in effect, a                      21 stock price movements throughout the seven
       22 company-specific return for each of these           22 companies I studied, or nine companies I
       23 stocks was each over 100 percent on that            23 studied. So, I mean, no, I haven't thought
       24 day, right?                                         24 about the fact that these are the largest
       25    A. That is correct.                              25 stock price movements among the nine
                                                   Page 111                                              Page 113
        1             WERNER                                   1            WERNER
        2     Q. That is highly abnormal, isn't                2 companies.
        3 it?                                                  3     Q. That wasn't the question I
        4     A. It is large.                                  4 meant to ask, so let me ask a better
        5     Q. Do you agree with me that it is               5 question.
        6 highly abnormal?                                     6     A. All right, sure.
        7     A. I haven't performed a study to                7     Q. You have noticed before this
        8 determine whether or not it is highly                8 line of questioning at your deposition,
        9 abnormal. It is large.                               9 haven't you, that January 27th, 2021 was
       10     Q. You have performed a day-by-day              10 the largest stock price movement during
       11 study of the returns over a full year for           11 your one-year period for AMC, right?
       12 each of those three stocks as well as other         12     A. I believe that's correct, but I
       13 stocks, right?                                      13 can look through it and verify that for
       14     A. Correct.                                     14 you.
       15     Q. And so that study informs you                15     Q. And you have noticed --
       16 as to whether those one-day returns are             16     A. Wait, do you want me to look
       17 highly abnormal, doesn't it?                        17 for it?
       18     A. Again, what do you mean by                   18     Q. No, I'm asking you whether
       19 highly abnormal? They are large. Highly             19 you -- whether you observed that fact
       20 abnormal relative to what? Is there some            20 before your deposition here today.
       21 statistical standard you are trying to put          21     A. So --
       22 into place here?                                    22     Q. Did you observe that fact?
       23     Q. Okay. So you are unable to                   23     A. I'm sure I did. But I don't
       24 apply the eyeball test to determine those           24 know that what you are saying is correct.
       25 are highly abnormal; is that right?                 25 If you want me to let you know that what in
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        1             WERNER                                   1             WERNER
        2 fact you are saying is correct, let me look          2 I can't. I gotta look at the report, or,
        3 through --                                           3 I'm sorry, I should use proper English. I
        4     Q. That is not my question, sir.                 4 have to look at the report.
        5     A. Well, it is your question.                    5     Q. So am I right, then, that it
        6     Q. No, my question is not --                     6 was not important for any of your opinions
        7     A. Could you reread the question,                7 in this case whether the residual returns
        8 please?                                              8 on January 27th, 2021 were the highest of
        9          (The record was read.)                      9 any day during your one-year period for any
       10     A. Did I observe that fact?                     10 of these nine stocks?
       11 Right, so I don't recall.                           11     A. Again, are we stipulating to
       12     Q. Okay.                                        12 the fact that it is the highest day?
       13     A. If that fact as you stated is                13     Q. No. I'm asking you was it
       14 in fact a fact. So let me look through --           14 important for any of your opinions in this
       15     Q. That means that you didn't --                15 case whether the residual returns on
       16     A. No.                                          16 January 27th, 2021 were the highest of any
       17          MR. ROSEN: Hold on, don't                  17 day during your one-year period for any of
       18     argue with him. Your question, what             18 these nine stocks? Was that important to
       19     you just said, that means if he didn't          19 any of your opinions or not?
       20     observe it, therefore he never saw it.          20     A. So, again, I don't know if -- I
       21     That's not true. He may not remember,           21 don't remember if this is the largest stock
       22     right?                                          22 price movement during that period. If you
       23          So he may not have memorized               23 want me to look and tell you and verify
       24     all the stock price movements for the           24 that it is in fact the largest stock price
       25     nine stocks over that one-year period.          25 movement, I will be happy to answer your
                                                   Page 115                                             Page 117
        1             WERNER                                   1            WERNER
        2     When you ask him a question whether              2 question.
        3     that is the largest, he just wants to            3    Q. That's not my question.
        4     look to see if that is true because he           4    A. Or do you want to stipulate --
        5     may not be remembering.                          5    Q. Let me try to ask the question
        6     Q. My question is not whether it                 6 again.
        7 is the largest. My question, sir, is                 7    A. There seems to be a fundamental
        8 before today's deposition did you observe            8 misunderstanding here, because when you say
        9 whether the stock price movement in AMC on           9 "observe," at some point I observed it.
       10 January 27th, 2021 was the largest of any           10 Did I mentally note that it was the largest
       11 of the daily stock price movements for AMC          11 stock price movement? I may have at one
       12 during your one-year period?                        12 point, but I can't be expected to sit here
       13     A. Again, if you want to stipulate              13 today, I've got what, nine stocks,
       14 to the fact that that is the largest stock          14 basically 253 days, so nine times 253, can
       15 price movement along that one-year period,          15 I borrow this pen here?
       16 then I'll say yes, I observed it. But if            16    Q. Dr. Werner, "observe" was many
       17 you want me to answer that question without         17 questions ago. Please try to focus on this
       18 that stipulation, I need to look at daily           18 question I'm asking. Here is my question:
       19 stock price.                                        19         Was it important to any of your
       20     Q. Okay.                                        20 opinions whether or not the stock price
       21     A. I mean, this isn't a memory                  21 movements on January 27th, 2021 were the
       22 test, right? Like I can't tell you well,            22 highest of any day during your one-year
       23 you know, Dr. Werner, can you tell me what          23 period for any of the nine stocks you
       24 the price of Tootsie Roll was on December           24 studied? Was that important to any of your
       25 12th, 2020 and what the abnormal return is,         25 opinions, sir?
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        1             WERNER                                   1            WERNER
        2     A. So, okay, why don't you want me               2 some significance? Okay, then -- I mean,
        3 to look at the data and verify that what             3 we have been talking about this for ten
        4 you are saying is correct?                           4 minutes. I could have just looked through
        5     Q. Because that's not my question.               5 this exhibit in one minute and verified
        6     A. Well, you are making a                        6 that what you are saying is accurate.
        7 statement in your --                                 7     Q. Are you able to identify any of
        8     Q. Respectfully, I'm not.                        8 your opinions for me that would change
        9          MR. ROSEN: Objection. You                   9 based on whether or not the stock price
       10     want him to answer two questions, one           10 movements on January 27th were the largest
       11     of which assumes the truth of the               11 during the one-year period?
       12     question -- of the stock prices.                12     A. Okay, so now you are asking me
       13          MR. RYAN: It doesn't.                      13 a different question.
       14          MR. ROSEN: Before he answers               14     Q. That is the same question I
       15     it, he just wants to check if those             15 have been trying to ask you, worded
       16     really were the largest. Now, there is          16 slightly differently. I'm getting at the
       17     a way to get to what you want                   17 importance of your opinions.
       18     without --                                      18     A. Can you read the question
       19          MR. RYAN: Let me ask -- let me             19 again, please?
       20     try to make very clear now.                     20         (The record was read.)
       21     Q. I am not making any statement                21     A. With regards to this report, I
       22 about the fact of whether January 27th was          22 don't know without verifying that what you
       23 the largest stock price movement or not.            23 are saying is accurate, but no, my opinions
       24 I'm not making any statement about that.            24 would not change.
       25 I'm asking you this question --                     25     Q. Could you turn, please, to
                                                   Page 119                                              Page 121
        1            WERNER                                    1            WERNER
        2    A. But you have been, correct?                    2 paragraph 62, which is on page 26 of your
        3    Q. No. I am asking you the                        3 opening report, Exhibit 281.
        4 following question, sir --                           4     A. Paragraph 62. Paragraph, not
        5    A. All right, so we are going to                  5 page, right?
        6 agree to disagree.                                   6     Q. Yes. The bottom of page 26.
        7         MR. ROSEN: Why don't you just                7     A. Did you say rebuttal or --
        8    ask him if there were large stock price           8     Q. Opening report.
        9    movements?                                        9     A. Opening report, okay. What am
       10         MR. RYAN: Not my question.                  10 I in here? Oh, okay. Okay.
       11    Larry, let me ask my question.                   11     Q. And do you see you wrote there
       12         MR. ROSEN: I'm just trying to               12 "Prior to running a regression, one must
       13    solve this --                                    13 decide on an estimation period over which
       14         MR. RYAN: Let me ask my                     14 to measure the relationship between the
       15    question, please.                                15 security at issue and the corresponding
       16    Q. Was it important for you in                   16 market and industry indices"?
       17 reaching your opinions to know whether              17         Do you see that?
       18 January 27th, 2021 was or was not the               18     A. Is the question do I see it?
       19 largest stock price movement of any day             19     Q. Yes.
       20 during the one-year period for any of these         20     A. Yes, you read that correctly.
       21 stocks?                                             21     Q. And was your estimation period
       22    A. I don't know how to answer that               22 here the one year through January 27th,
       23 question without verifying. I mean, was it          23 2021?
       24 large? Yes. I don't know why you are                24     A. Well, I mean, we might as well
       25 stuck on the largest. Like does that have           25 be as accurate as possible. So I'm reading
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        1            WERNER                                   1            WERNER
        2 from paragraph 1 of my -- of Exhibit 281 to         2    Q. All right. And am I right that
        3 this exhibit, the time period I looked at           3 you used dummy variables for January 27th,
        4 was January 28th, 2020 through January              4 2021 because of the potentially abnormal
        5 27th, 2021.                                         5 returns on that date?
        6     Q. All right. So that was --                    6    A. I'm sorry, could you reread the
        7     A. And that is what I have defined              7 question?
        8 as the relevant period. So if we just want          8         (The record was read.)
        9 to refer to it as the relevant period, we           9    A. Well, I used it because it was
       10 can do that.                                       10 the -- my understanding was it was the
       11     Q. And so that one year through                11 mitigating factor to the beginning of
       12 January 27th, 2021 is what you used as the         12 Robinhood's actions, which is akin to
       13 estimation period for your regression,             13 something I would do if I was looking at a
       14 correct?                                           14 corrective disclosure.
       15     A. That is correct.                            15         That having been said, if I had
       16     Q. All right. Now, do you see,                 16 known that -- well, I believe what I did
       17 then, in the sentence that spans the pages         17 was correct from a theoretical standpoint.
       18 from pages 26 to 27 of your opening report,        18 My analysis, and when I say my analysis, I
       19 you write "In event study analysis, the            19 mean my news/no news test, do not change if
       20 choice of using the period preceding the           20 I don't dummy out the 27th.
       21 event window, here the year prior to               21    Q. When you referred just now to
       22 Robinhood's challenged actions, as the             22 the beginning of Robinhood's actions, do
       23 regression estimation period is a widely           23 you mean the time when Robinhood first put
       24 used and generally accepted methodology"?          24 the so-called PCO restrictions in place?
       25     A. Correct.                                    25    A. Well, the actions at issue in
                                                  Page 123                                             Page 125
        1            WERNER                                   1            WERNER
        2    Q. Okay. And by the event period,                2 this case.
        3 do you mean the period of time during which         3     Q. All right.
        4 Robinhood's challenged actions were in              4     A. So all of the actions.
        5 place?                                              5     Q. And do you understand that that
        6    A. Well, I mean, the class, event                6 began on the morning of January 28th, 2021?
        7 period is analogous to the class period.            7     A. I believe that's correct, but
        8    Q. All right. And in this case is                8 let me just look at my report to refresh my
        9 the proposed class period the period of             9 memory.
       10 time during which at least some of                 10     Q. And I would refer you, again,
       11 Robinhood's challenged actions were in             11 to what we were looking at before, Table 12
       12 place?                                             12 in your rebuttal report.
       13    A. I mean, I believe that's                     13     A. Do you have a page number for
       14 correct. But if you want to give me the            14 Table 12?
       15 complaint, I can verify that that is               15     Q. Page 44.
       16 exactly what it is.                                16     A. Okay.
       17    Q. Now, do you see in paragraph                 17     Q. And then I would also refer you
       18 63, do you see that you write "For each            18 to paragraph 103, the text of which is
       19 Affected Company, I also used dummy                19 beneath that, carrying on to the following
       20 variables in the regression model to               20 page, page 45 of your rebuttal report. Do
       21 control for the potentially abnormal               21 you see that?
       22 returns on each Affected Company's earnings        22     A. Yeah. I'm just reading it.
       23 announcement dates and on January 27th,            23          (Witness perusing document.)
       24 2021"?                                             24     A. Okay, so this is a subset of
       25    A. I do, yes.                                   25 the -- the PCO restrictions are a subset of
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        1            WERNER                                    1            WERNER
        2 the restrictions at issue in this case.              2 look at the -- I don't recall, but if you
        3     Q. All right. So is it your                      3 showed me the complaint, I would be happy
        4 understanding that the first Robinhood               4 to give you the most accurate answer I can.
        5 restrictions at issue in this case were              5    Q. All right. I will take the
        6 imposed starting 8:03 a.m. eastern time on           6 answer that you don't recall now.
        7 January 28th, 2021?                                  7         So your understanding, then, is
        8     A. I'm sorry, can you repeat the                 8 that the full day of January 27th, 2021 was
        9 question?                                            9 unaffected by Robinhood PCO restrictions,
       10     Q. Is it your understanding that                10 right?
       11 the first Robinhood restrictions at issue           11    A. When you say the entire day, do
       12 in this case were imposed starting 8:03             12 you mean the entire trading day? And when
       13 a.m. eastern time on January 28th, 2021?            13 I mean trading day, ending at 4:00 p.m.
       14     A. For AMC, BlackBerry, Bed Bath &              14 eastern time?
       15 Beyond, Express, Koss, Nokia and Trivago,           15    Q. Well, why don't I start with
       16 that is correct.                                    16 that question. Do you -- strike that.
       17     Q. And that is all the stocks                   17         Is it your understanding, then,
       18 except Tootsie Roll, right?                         18 that the full trading day of January 27th,
       19     A. Correct. All of the affected                 19 2021 ending at 4:00 p.m. eastern time was
       20 -- I believe what I called the affected             20 unaffected by Robinhood PCO restrictions?
       21 stocks, the nine stocks at issue in this            21    A. To the best of my recollection,
       22 case.                                               22 I believe that is correct.
       23     Q. And for Tootsie Roll as stated               23    Q. All right. And is it similarly
       24 on page 45 of your rebuttal report, the             24 your understanding that aftermarket trading
       25 first Robinhood restrictions at issue in            25 on January 27th, 2021 was unaffected by
                                                   Page 127                                             Page 129
        1            WERNER                                    1             WERNER
        2 this case were imposed a little under two            2 Robinhood PCO restrictions?
        3 hours later, at 9:54 a.m. eastern time,              3     A. I'm sorry, can you repeat the
        4 right?                                               4 question?
        5     A. I'm sorry, could you reread the               5     Q. Is it similarly your
        6 question?                                            6 understanding that aftermarket trading,
        7     Q. And for Tootsie Roll as stated                7 after 4:00 p.m. eastern time on January
        8 on page 45 of your rebuttal report, the              8 27th, 2021, was unaffected by Robinhood PCO
        9 first Robinhood restrictions at issue in             9 restrictions?
       10 this case were imposed a little under two           10     A. And so we're just talking about
       11 hours later, at 9:54 a.m. Eastern time,             11 the 27th now, we are not talking about the
       12 right?                                              12 premarket on the 28th?
       13     A. That's my understanding.                     13     Q. Just on January 27th, 2021
       14     Q. Okay. So going back to my                    14 eastern time.
       15 original question, you agree then that the          15     A. Yeah, let me refresh my memory.
       16 first Robinhood restrictions for any of the         16          (Witness perusing document.)
       17 stocks that are at issue in this case were          17     A. Okay, yeah, so I think the PCO
       18 put in place starting at 8:03 a.m. eastern          18 -- the first PCO restrictions, as you
       19 time on January 28th, 2021, right?                  19 stated earlier, were on the 28th at 8:03.
       20     A. The PCO restrictions.                        20     Q. Okay. Why then in your
       21     Q. All right. And you are not                   21 regression analysis did you use a dummy
       22 aware of there being any restrictions at            22 variable for January 27th, 2021 when that
       23 issue in this case that were imposed before         23 day was unaffected by any Robinhood PCO
       24 the PCO restrictions, are you?                      24 restrictions?
       25     A. Well, okay, now I would want to              25     A. Again, my understanding was
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        1            WERNER                                   1            WERNER
        2 those stock price movements were the                2     Q. All right. And isn't that why
        3 mitigating factor in Robinhood's actions.           3 you use a dummy variable for January 27th,
        4 That having been said, if I left the dummy          4 2021 here?
        5 variables out, I knew it would cause such           5     A. I have stated why I used the
        6 consternation. My answers don't -- my               6 dummy variable. I'm sorry, January 27th,
        7 answers don't change if I don't dummy out           7 2021?
        8 the 27th.                                           8     Q. Yes.
        9     Q. What do you mean by the                      9     A. Right, yeah, I mean, I have
       10 mitigating factor? I'm not following you.          10 stated why I have done that, and I have
       11     A. Well, maybe mitigating is the               11 also stated if I hadn't done it, my results
       12 wrong term. It was -- it was the price             12 wouldn't have changed.
       13 changes on the 27th that Robinhood's               13     Q. And did you do it because of
       14 actions were a reaction to. So in the same         14 the presence of a non-model explained event
       15 way that if I was looking at a corrective          15 that may be expected to shift the model's
       16 disclosure in a case I would often dummy           16 outcome?
       17 that -- I wouldn't often -- I would dummy          17     A. No, I did it because of what I
       18 that out, because -- I mean, yeah, that's          18 said before.
       19 it.                                                19     Q. Okay. In your report on page
       20     Q. I see. So your understanding                20 27 of your opening report in paragraph 71,
       21 is that Robinhood's PCO actions were a             21 you cite to two academic articles for your
       22 reaction to the stock price movements on           22 use of --
       23 January 27th?                                      23     A. I'm sorry, what page are we on
       24     A. Among other things, yes.                    24 now?
       25     Q. Okay. And among what other                  25     Q. Page 27, same page we were on
                                                  Page 131                                             Page 133
        1            WERNER                                   1            WERNER
        2 things?                                             2 before, of your opening report.
        3     A. Well, I mean, they couldn't                  3     A. Of my opening report. Sorry,
        4 essentially meet their margin calls, so             4 we are going back and forth. Okay.
        5 they needed to put those restrictions in            5     Q. Do you see that in note 71 you
        6 place. And, I mean, margin call is a                6 cite to two academic articles to support
        7 euphemism, but I can give you the exact             7 your use of dummy variables?
        8 term. But for you and I, it would be the            8     A. I do.
        9 equivalent of a margin call.                        9     Q. And the first article is
       10     Q. All right. Are you referring                10 entitled Event Studies with a Contaminated
       11 to the collateral call from the NSCC?              11 Estimation Period, and it is authored by
       12     A. Correct.                                    12 Nihat Aktas and others. Do you see that?
       13     Q. Okay. Do you agree with me                  13     A. I do.
       14 that a dummy variable is used to indicate          14     Q. All right. And it's your
       15 the absence or presence of some non-model          15 understanding, isn't it, that what these
       16 explained event that may be expected to            16 authors are discussing is the use of
       17 shift the model's outcome?                         17 contaminating events in the estimation
       18         MR. ROSEN: Objection. Could                18 window?
       19     you reread the question?                       19     A. I'm happy to look at -- I mean,
       20         (The record was read.)                     20 if you want me to go based on the title,
       21         MR. ROSEN: Objection. But you              21 that seems accurate. But I would want to
       22     can answer it if you understand the            22 refresh my memory to know exactly what they
       23     question.                                      23 did here.
       24     A. It could. I mean, people use                24     Q. All right.
       25 dummy variables for all sorts of reasons.          25     A. Do you have -- do you have
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        1              WERNER                                 1             WERNER
        2 their paper?                                        2 Again, I'm more than happy to look at that
        3      Q. Yes, I do. And isn't it your                3 article and refresh my memory.
        4 understanding that January 27th, 2021 was a         4          Is now a good time for lunch?
        5 contaminating event during the estimation           5     Q. Sure. Why don't we take a
        6 period in the sense that Nihat Aktas and            6 break.
        7 co-authors used that term?                          7          THE VIDEOGRAPHER: This will
        8      A. Well, now I would need to look              8     end media unit three. We are going off
        9 at the paper to answer that question.               9     the record at 12:56.
       10      Q. Well, let me ask it more                   10          (Luncheon recess: 12:56 p.m.)
       11 generally.                                         11
       12          It's your understanding, isn't            12
       13 it, that January 27th, 2021 was a                  13
       14 contaminating event during your estimation         14
       15 period?                                            15
       16      A. No, that's not necessarily my              16
       17 understanding.                                     17
       18      Q. I'm not sure what you meant by             18
       19 "necessarily" there. Is it your belief             19
       20 that it was a contaminating event or not?          20
       21      A. Well, what do you mean by                  21
       22 "contaminating event"? Do you mean                 22
       23 contaminating event in the context of what         23
       24 they are talking about? Because if that's          24
       25 what you are talking about I would like to         25
                                                  Page 135                                             Page 137
        1            WERNER                                   1            WERNER
        2 see their definition of contaminating               2       AFTERNOON SESSION
        3 event.                                              3           1:38 p.m.
        4     Q. All right. So I'm using the                  4 A D A M W E R N E R, Ph.D., resumed.
        5 term "contaminating event" to mean a                5         THE VIDEOGRAPHER: We are back
        6 firm-specific event that will most likely           6     on the record at 1:38. This will begin
        7 affect the estimation of the                        7     media unit four.
        8 return-generating process. Okay?                    8 CONTINUED EXAMINATION
        9     A. Okay. All right, can you                     9 BY MR. RYAN:
       10 reread that definition for me?                     10     Q. Good afternoon, Dr. Werner.
       11          (The record was read.)                    11     A. Good afternoon.
       12     A. Okay.                                       12     Q. Could you turn, please, in your
       13     Q. All right. With that                        13 opening report, Deposition Exhibit 281, to
       14 definition in mind, do you agree that              14 page 11, paragraph 23 on the top of the
       15 January 27th, 2021 was a contaminating             15 page.
       16 event in your estimation window?                   16     A. Page 11, paragraph 23, okay.
       17     A. Based on my understanding of                17     Q. And do you see you wrote there
       18 that statement, I don't know if that would         18 that "While financial economists rely on
       19 fall under the rubric or the umbrella of a         19 event study analysis as direct evidence
       20 contaminating event as stated by you.              20 demonstrating security price response to
       21     Q. Okay. But you did decide to                 21 new information, they accept other factors
       22 cite this Aktas article as support for your        22 as tending to support the existence of an
       23 use of the dummy variable described in             23 efficient market for a security"?
       24 paragraph 63 of your opening report, right?        24         Do you see that?
       25     A. I did cite to that article.                 25     A. I do.
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        1            WERNER                                   1             WERNER
        2     Q. And Cammer factor five often                 2     Q. And you agree that these other
        3 uses event study analysis, right?                   3 Cammer and Krogman factors are ones that
        4     A. That is correct.                             4 tend to support the existence of an
        5     Q. And do you agree that Cammer                 5 efficient market for a security, right?
        6 factor five is a direct test of market              6     A. Well, I mean, so it's
        7 efficiency?                                         7 ultimately up to the court to decide
        8     A. I think in academia that is                  8 whether or not a stock is efficient, right?
        9 correct. I think for legal matters, and,            9 I'm just asked to do these analyses, and so
       10 again, I'm not a lawyer, you look at all           10 that's what I present.
       11 Cammer and Krogman factors. You know, I            11          So, you know, I think it's true
       12 have seen cases, I can't think of any off          12 to say that academics, you know, would
       13 the top of my head, but I have certainly           13 tend, as you used the word, term, "direct
       14 seen cases in the Second Circuit where, you        14 evidence," would say -- then say is direct
       15 know, they just ignore factor five and they        15 evidence.
       16 determine efficiency based on the other            16          You know, have I seen people
       17 Cammer and Krogman factors.                        17 talk about market efficiency in terms of
       18     Q. Do you agree that in academia               18 let's say firm size or analyst coverage?
       19 Cammer factor five, the event study                19 You know, so, for example, if I look here
       20 analysis, is the only direct test of market        20 at footnote 35 of my report, or 34, this is
       21 efficiency?                                        21 on page 11, this paper by Brad Barber, et
       22     A. Let me think about that.                    22 al, The Fraud on the Market Theory and the
       23          MR. ROSEN: Are you trying to              23 Indicators of a Common Stock's Efficiency.
       24     turn that off the screen?                      24 So, you know, economists have looked at
       25          MR. DeNUNZIO: Correct.                    25 other factors as well.
                                                  Page 139                                              Page 141
        1            WERNER                                   1            WERNER
        2          MR. ROSEN: It will probably                2    Q. All right. But you would
        3     turn off itself.                                3 agree, wouldn't you, that financial
        4     A. Why don't we just wait for                   4 economists accept the other Cammer and
        5 that. Could you reread the question?                5 Krogman factors as tending to support the
        6     Q. Yes. Do you agree in academia,               6 existence of an efficient market but not as
        7 Cammer factor five, the event study                 7 often direct evidence as the way Cammer
        8 analysis, is the only direct test of market         8 factor five does?
        9 efficiency?                                         9    A. I'm sorry, are you reading
       10     A. So it is certainly a test -- a              10 somewhere from my reports?
       11 direct test of market efficiency. I don't          11    Q. Yes, from the first sentence of
       12 know if it is the only test of market              12 paragraph 23.
       13 efficiency.                                        13         You would agree, wouldn't you,
       14     Q. All right. So you wrote here                14 that financial economists accept the other
       15 in paragraph 23 of your opening report that        15 Cammer and Krogman factors as tending to
       16 financial economists would rely on event           16 support the existence of an efficient
       17 study analysis as direct evidence, right?          17 market but not as direct evidence the way
       18     A. That is correct.                            18 Cammer factor five does?
       19     Q. And then you wrote that                     19    A. I think for the most part
       20 financial economists accept other factors,         20 that's an accurate statement. But, again,
       21 not that they rely on them, right?                 21 there are other things beyond the Cammer
       22     A. In terms of the Cammer and                  22 and Krogman factors that academicians look
       23 Krogman factors?                                   23 at when they discuss market efficiency.
       24     Q. Yes, sir.                                   24 But within the context of securities class
       25     A. That is correct.                            25 action, I think that to the extent that
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        1             WERNER                                 1             WERNER
        2 academics look at this stuff, I think              2 stock's price reacted differently on days
        3 that's probably accurate.                          3 in which new information was revealed
        4     Q. Do you agree as a financial                 4 ('news days') versus all other days
        5 economist that Cammer factor five is more          5 ('non-news days')"?
        6 informative than the other factors in              6          Do you see that?
        7 determining market efficiency?                     7     A. I do see that, yes.
        8     A. So as a financial economist and             8     Q. All right. And is this
        9 not as a court, again, I'm not a lawyer, I         9 sometimes described as a news/no news test?
       10 certainly find it informative. You know,          10     A. Yes.
       11 having done this now for 20, 25 years, I          11     Q. All right. What is a news/no
       12 don't know if I would adopt the other             12 news test?
       13 Cammer and Krogman factors if I was trying        13     A. You know, basically it's run an
       14 to show market efficiency. That's not             14 event study, you define, come up with a
       15 really anything I thought about.                  15 definition of what news is, you look at the
       16     Q. All right. Well, let me ask                16 frequency under which there are
       17 you to think about it now. Do you agree           17 statistically significant changes on news
       18 sitting here as a financial economist that        18 days versus non-news days, and then usually
       19 Cammer factor five is more informative than       19 you perform some kind of statistical
       20 the other factors in determining market           20 analysis. Often I will use a Fisher's
       21 efficiency?                                       21 exact test to determine whether these
       22     A. Well, again, so it's not                   22 reactions -- or the frequency of reactions
       23 ultimately up to me to make that decision.        23 to news is significantly different between
       24 It is up to the court to decide which             24 the two subsamples, the subsamples being
       25 factors are important and not important.          25 defined as what is the news days and the
                                                 Page 143                                               Page 145
        1            WERNER                                  1             WERNER
        2 So I'm just presenting the information. It         2 non-news days.
        3 is up to them to determine, you know,              3     Q. All right. So one part of this
        4 interpret.                                         4 test is to determine how the stock price
        5     Q. Absolutely it is. And so I'm                5 reacts on the so-called news days, right?
        6 merely asking for your opinions as a               6     A. What do you mean, "determine"?
        7 financial economist, which is all I can do,        7 Determine, I mean, you look -- you
        8 since a financial economist is what you            8 calculate the abnormal return and then you
        9 are, not a court, and all I can do is ask          9 look at the abnormal returns relative to
       10 you questions in that role.                       10 the news days versus the non-news days.
       11         So my question is do you agree            11     Q. Okay. So one part of this test
       12 sitting here as a financial economist that        12 is to observe how the stock price reacts on
       13 Cammer factor five is more informative than       13 the so-called news days, right?
       14 the other factors in determining market           14     A. What you have defined as news
       15 efficiency?                                       15 days, yes, that is correct.
       16     A. As a financial economist, I                16     Q. Okay. Why is it important to
       17 think that's an accurate statement.               17 then compare that result, namely the result
       18     Q. Now, let me ask you about                  18 of how the stock price reacted to news on
       19 paragraph 67 of your opening report, this         19 the so-called news days, to the second set
       20 is on page 28.                                    20 of results, which is how the stock price
       21     A. 67, okay.                                  21 reacted on the so-called non-news days?
       22     Q. And do you see about halfway               22     A. Why is it important?
       23 through there is a sentence there where you       23     Q. Yes, sir.
       24 wrote "In order to test this proposition,         24     A. Because you are trying to
       25 one must first examine whether or not a           25 determine whether or not the stock price
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        1            WERNER                                    1             WERNER
        2 reacts differently to news days as opposed           2     A. Nothing. I mean, it is going
        3 to non-news days, that's why it is                   3 to depend upon -- let me give you an
        4 important.                                           4 example. And I don't mean to say "nothing"
        5     Q. And if the stock price does                   5 like I'm being flippant. But let's say
        6 react statistically significantly                    6 that I'm looking at earnings announcements.
        7 differently on the news days from how it             7 So I'm looking at a one-year period, there
        8 reacts on the non-news days, what can you            8 is four earnings announcements, each
        9 conclude from that, if anything?                     9 earnings announcement meets expectations.
       10     A. I'm sorry, so let me -- so if                10 I have defined news days as earnings days.
       11 the stock -- could you reread the question,         11          So I observe no statistically
       12 please?                                             12 significant stock price reaction on those
       13     Q. Sure.                                        13 four days because the earnings meet
       14     A. I'm not sure it is completely                14 expectations. Now, the news/no news test
       15 accurate, that's why I would like it                15 is going to fail. I'm not going to see a
       16 reread.                                             16 statistically significant difference
       17         (The record was read.)                      17 between those two subsamples, but it
       18     A. I mean, one of the conclusions               18 doesn't then render that stock inefficient.
       19 people draw is that the stock price reacts          19     Q. All right. But it is an
       20 to news.                                            20 absence of evidence to support efficiency,
       21     Q. And that would tend to support               21 right, on that test?
       22 a finding of market efficiency?                     22     A. Is it an absence of evidence to
       23     A. Correct.                                     23 support -- I don't understand.
       24     Q. All right. And so then if the                24     Q. All right. So you earlier
       25 stock price does not react statistically            25 testified that if you find a statistically
                                                   Page 147                                             Page 149
        1             WERNER                                   1             WERNER
        2 significantly differently on the news days           2 significant difference and the stock price
        3 from how it reacts on the non-news days,             3 is reacting more on the news days than on
        4 what can you conclude from that, if                  4 the non-news days, you testified that was
        5 anything?                                            5 evidence in support of market efficiency,
        6    A. Well, it could depend upon how                 6 right?
        7 you define news days.                                7     A. Well, I don't think -- I don't
        8    Q. Sure. So news days are defined                 8 think I said anything about the stock
        9 however the person carrying out this                 9 reacting more on news days versus non-news
       10 analysis has defined the news days, right?          10 days.
       11    A. Okay.                                         11     Q. All right. Let me ask the
       12    Q. And you were able to answer for               12 question differently then.
       13 me what one could conclude if there was a           13          You testified before that if
       14 statistically significant difference in how         14 the stock price reacts differently to a
       15 the stock price reacted on what were the            15 statistically significant extent on news
       16 news days as defined by the person carrying         16 days as compared to non-news days, that in
       17 out the study as compared to the non-news           17 your opinion would be evidence in support
       18 days, right?                                        18 of market efficiency, right?
       19    A. Yes.                                          19     A. That is correct.
       20    Q. So my question now is about the               20     Q. And so if the finding is the
       21 inverse of that. If the stock price does            21 opposite, that there is no statistically
       22 not react statistically significantly               22 significant difference in how the stock
       23 differently on the news days from how it            23 price reacts on the news days as compared
       24 reacts on the non-news days, what can you           24 to the non-news days, wouldn't you agree
       25 conclude from that, if anything?                    25 with me that that is a lack of evidence on
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        1             WERNER                                  1             WERNER
        2 that test in support of market efficiency?          2 movements on each one of those days, would
        3     A. And I repeat, no.                            3 that then indicate to me that the stock was
        4     Q. You don't agree with me that is              4 not traded in an efficient market? I don't
        5 a lack of evidence in support of market             5 know. I would have to think about it.
        6 efficiency?                                         6          But I think in terms of what
        7     A. No, because, again, look at the              7 you're asking, I'm comfortable with the
        8 example I gave you, right? The stock price          8 first assertion you are making. It is not
        9 didn't react on news that was expected. To          9 clear to me that the corollary, by taking
       10 me that means that that's an indicator the         10 the other side of the coin, is necessarily
       11 stock is efficient. Just because it fails          11 correct.
       12 the news/no news test, under that guise,           12     Q. Okay. So it's your testimony
       13 under my definition of what news is in that        13 that if somebody runs a properly designed
       14 case, doesn't then render the stock -- it          14 news/no news study --
       15 is not necessarily an indicator that the           15     A. Okay, so let me stop you,
       16 stock is traded in an inefficient market.          16 because now you have said a properly run
       17     Q. All right. But you have                     17 news/no news study. So that means that the
       18 answered a different question from what I          18 news is defined properly.
       19 asked. I never asked you whether it is             19     Q. Uh-huh.
       20 evidence of inefficiency. What I asked             20     A. I just want to make that
       21 you, sir, was don't you agree with me that         21 clarifying statement.
       22 it is a lack of evidence in support of             22     Q. Okay.
       23 market efficiency?                                 23     A. Okay, go ahead.
       24     A. And I said no.                              24     Q. So is it your opinion, then,
       25     Q. All right. And so it is your                25 that if somebody runs a properly designed
                                                  Page 151                                               Page 153
        1             WERNER                                  1             WERNER
        2 testimony, then, that if you run this test          2 news/no news study and there is no
        3 of news/no news test, if it has a certain           3 statistically significant difference in the
        4 result, that would be evidence in support           4 stock price reaction on the news days as
        5 of market efficiency, and if it has a               5 compared to the non-news days, that that
        6 different result, it is just no evidence            6 shows nothing?
        7 showing anything either way at all?                 7     A. I would have to know more about
        8     A. No.                                          8 the test to answer that question, beyond
        9     Q. Is that your testimony?                      9 properly run.
       10     A. No. Again, it would depend                  10     Q. Okay. Now, looking at
       11 upon what you defined as news. I mean,             11 paragraph 68 of your opening report, am I
       12 again, I mean, I don't -- I can't -- off           12 right that you designed your news/no news
       13 the top of my head I can't give you another        13 test to isolate a test sample of news days
       14 example other than the earnings example,           14 that would be more likely than not to
       15 but it is a perfectly valid one.                   15 contain valuation relevant information?
       16          The earnings come in as they              16     A. Are you reading from somewhere
       17 are expected to come in, I mean, I guess I         17 in my report?
       18 would be disturbed if there -- I don't know        18     Q. Yes, sir.
       19 if you would call it a false positive, but         19     A. Okay. So where are we reading
       20 if earnings met expectations on each one of        20 from?
       21 those days, and that was the only                  21     Q. Three lines down from the
       22 information that came out, they met                22 bottom of the page on page 28.
       23 expectations, there was no other news that         23          Let me ask the question this
       24 we are talking about in a vacuum, if there         24 way: Do you agree with me that the right
       25 were statistically significant stock price         25 way to design a news/no news test is, and
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        1            WERNER                                     1            WERNER
        2 I'm now quoting from your words, "to                  2 that begins three lines from the bottom of
        3 isolate a test sample of news days that               3 page 28 of your opening report. You wrote
        4 would be more likely than not to contain              4 "In order to isolate a test sample of news
        5 valuation relevant information"?                      5 days that would be more likely than not to
        6    A. Right. So that's certainly one                  6 contain valuation relevant information, I
        7 example.                                              7 focused on the frequency of news releases
        8    Q. Did you attempt in your work on                 8 on each day during the relevant period for
        9 this case to design a news/no news test to            9 each Affected Company," right?
       10 isolate a test sample of news days that              10     A. That's what I said, yes.
       11 would be more likely than not to contain             11     Q. You didn't write anything about
       12 valuation relevant information?                      12 finding news that was informationally
       13    A. Well, to the extent I was                      13 relevant as opposed to valuation relevant,
       14 looking at informational efficiency, that's          14 did you?
       15 what I focused on. Does that mean that I             15     A. No. But I'm giving an overview
       16 looked at events that contained value                16 of a news/no news analysis, so, I mean, I
       17 relevant information? It is certainly                17 guess I should have said "for example."
       18 possible. I mean, I believe I did. But               18     Q. Okay. So is it your testimony
       19 that might not be the entire set of news             19 now that the news/no news test that you
       20 days that I looked at.                               20 actually ran in this case did not isolate a
       21    Q. All right. Let me -- I got                     21 test sample of news days that would be more
       22 confused there, so let me try to ask the             22 likely than not to contain valuation
       23 question this way: In performing the                 23 relevant information?
       24 news/no news test that is set forth in your          24     A. The news, I mean, I have
       25 opening report in this case, was it your             25 defined the news days as they are defined
                                                    Page 155                                             Page 157
        1            WERNER                                     1             WERNER
        2 objective to isolate a test sample of news            2 in my report.
        3 days that would be more likely than not to            3     Q. And did your news/no news test
        4 contain valuation relevant information?               4 isolate a test sample of news days that
        5    A. That was an example of one of                   5 would be more likely than not to contain
        6 the things that I attempted to look at.               6 valuation relevant information?
        7    Q. Sir, I don't know what you mean                 7     A. Oh, is it more likely to
        8 when you say it was an example.                       8 contain valuation relevant information?
        9    A. Well, so, again, I mean, we are                 9 That is certainly a possibility.
       10 making the distinctions between value                10     Q. Well, I'm asking you as the
       11 relevant and informationally relevant. So            11 person who performed the news/no news test
       12 yes, this is certainly one of the things             12 and who wrote these words to tell me
       13 that I would have looked at. But I also              13 whether in fact the test that you ran
       14 look at things that are informationally              14 isolated a test sample of news days that
       15 relevant.                                            15 would be more likely than not to contain
       16    Q. What you wrote in your report                  16 valuation relevant information.
       17 was "In order to isolate a test sample of            17     A. And I will give you the same
       18 news days that would be more likely than             18 answer.
       19 not to contain valuation relevant                    19     Q. Which is that it is possible,
       20 information, I focused on the frequency of           20 it is certainly a possibility?
       21 news releases on each day during the                 21     A. Well, I mean --
       22 relevant period for each Affected Company,"          22     Q. That's your answer?
       23 right?                                               23     A. Yeah, that's my answer.
       24    A. I'm sorry, where are you at?                   24     Q. Okay. In running a news/no
       25    Q. I'm on the last full sentence                  25 news test, is it appropriate -- is it
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        1            WERNER                                    1            WERNER
        2 appropriate to use a specific and objective          2 definitely want to do that. I'm not saying
        3 criterion to identify news events that               3 then I wouldn't want to do that if I was
        4 contain new valuation relevant information           4 looking at informational efficiency.
        5 such that one would, ex ante, reasonably             5     Q. That's why I asked you the
        6 expect a security price reaction?                    6 follow-up question. So is it your
        7     A. So where are you looking at?                  7 testimony that you would not want to do
        8     Q. I'm not reading from your                     8 that if you are testing for informational
        9 report, I'm asking you a question, sir. In           9 efficiency?
       10 running a news/no news test, in your                10     A. Right, and I'm saying that, I
       11 opinion, is it appropriate to use a                 11 mean, I don't know how to answer the
       12 specific and objective criterion to                 12 question other than what I have given you
       13 identify news events that contain new               13 as an answer.
       14 valuation relevant information such that            14     Q. Let me try to rephrase my
       15 one would, ex ante, reasonably expect a             15 question this way: If you are running a
       16 security price reaction?                            16 news/no news test for Cammer factor five
       17     A. I certainly agree with the                   17 purposes in order to test informational
       18 statement that you would want to use an             18 efficiency, do you believe it would be
       19 objective criterion. Are you reading from           19 appropriate to use a specific and objective
       20 the Ferrillo, Tabak and Dunbar paper?               20 criterion to identify news events that
       21     Q. I am not. I will get to that                 21 contain new valuation relevant information
       22 paper shortly.                                      22 such that one would, ex ante, reasonably
       23     A. So where -- I mean, do you want              23 expect a security price reaction?
       24 to -- well, you are asking the questions.           24     A. Well, so now you are saying
       25     Q. I'm asking you a question. As                25 informationally efficient. If I was
                                                   Page 159                                               Page 161
        1            WERNER                                    1            WERNER
        2 somebody -- so you -- let me ask this                2 looking at informational efficiency, I
        3 foundational question: As a testifying               3 might -- I might, and there is no -- there
        4 expert, you have run news/no news tests in           4 is not necessarily a problem looking at
        5 application of Cammer factor five on                 5 value relevant information, but if I'm just
        6 multiple occasions, right?                           6 talking about the definition of
        7     A. That is correct.                              7 informational efficiency, I might, and,
        8     Q. All right. And so do you                      8 again, I'm not -- I don't have these words
        9 believe that in running such a news/no news          9 in front of me, so this is off the top of
       10 test for Cammer factor five purposes it is          10 my head, I might want to exclude the term
       11 appropriate to identify news events that            11 "value" from that statement.
       12 contain new valuation relevant information          12     Q. Were you an expert in a case
       13 such that one would, ex ante, reasonably            13 called Omega Healthcare Investors?
       14 expect a security price reaction?                   14     A. I was.
       15     A. If I'm testing for fundamental               15     Q. Do you recall that in that case
       16 efficiency, yeah, I definitely want to do           16 you ran a news/no news test using the
       17 that.                                               17 criteria for a news day that I just read
       18     Q. All right. Is it your                        18 out?
       19 testimony you would not want to do that if          19     A. No, I don't recall.
       20 you are testing for informational                   20     Q. Okay. Why don't I show you
       21 efficiency?                                         21 your report.
       22     A. No. You are now making -- you                22          (Defendant's Exhibit 284 marked
       23 are making a distinction between a type 1           23 for identification.)
       24 and type 2 error. I'm saying that if I was          24     Q. All right, so I will hand you
       25 looking for fundamental efficiency, I would         25 in just a moment here what we have marked
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        1            WERNER                                   1            WERNER
        2 as Exhibit 284. It is a document entitled           2     Q. All right. And you believed
        3 Declaration of Dr. Adam Werner, March 16th,         3 that that was an appropriate way to conduct
        4 2022, in a case called In Re Omega                  4 the news/no news case in the Omega case?
        5 Healthcare Investors, Inc. Securities               5     A. In this specific case, given
        6 Litigation in the Southern District of New          6 the facts and circumstances surrounding
        7 York.                                               7 this case, yes, that was appropriate.
        8     A. Thank you.                                   8     Q. All right. In this case were
        9     Q. And is this your signature on                9 you testing for informational or
       10 page 41 of Exhibit 284, sir?                       10 fundamental efficiency?
       11     A. Page 41?                                    11     A. Well, I don't -- I'm not sure I
       12     Q. Yes, sir.                                   12 distinguished. I don't know. That's an
       13     A. Yes.                                        13 interesting question. I have to think
       14     Q. And is this an expert report                14 about it. But the facts and circumstances
       15 you submitted just about one year ago?             15 of this case are much different than the
       16     A. Yeah, that looks about right.               16 facts and circumstances of the case we're
       17     Q. All right. So if you could                  17 dealing with now.
       18 turn, please, with me to paragraph 77.             18     Q. Okay. But let me go on my
       19     A. 77, okay. Before we do that,                19 question though. So am I right that you
       20 let me just refresh my memory. I want to           20 are uncertain whether you were testing for
       21 make sure -- right, okay. I have done              21 informational or fundamental efficiency in
       22 that. What page do you want me to look at?         22 this Omega case?
       23     Q. Page 30.                                    23     A. Well, I mean, to the extent
       24     A. Page 30.                                    24 that we are talking about a REIT, basically
       25     Q. So let me just ask you first to             25 I think I'm testing for both. That's why
                                                  Page 163                                              Page 165
        1            WERNER                                   1             WERNER
        2 read paragraphs 75 and 76 to yourself.              2 I'm saying it is fact and case specific.
        3     A. Oh, page 30?                                 3 So -- well, go ahead, why don't you ask the
        4     Q. Yeah, page 30.                               4 questions. I don't want to explain to you
        5     A. I'm sorry. Okay.                             5 what a REIT is and how it trades.
        6     Q. So if you just read, please, to              6     Q. Do you then apply different
        7 yourself paragraphs 75 to 76, which are the         7 tests, either fundamental or informational
        8 beginning two paragraphs of this section.           8 efficiency, as an expert on class
        9         (Witness perusing document.)                9 certification in different cases?
       10     A. Okay, so it was coming from one             10     A. No, not necessarily. But I
       11 of my reports. All right, I have read it.          11 think my opinions have evolved over time.
       12     Q. This is a case where you                    12 My understanding of what courts find needed
       13 applied a news/no news test and then               13 with regards to market efficiency, and it
       14 conducted a Fisher's exact test to compare         14 is now clear to me that what they demand is
       15 the price reaction on the news days to that        15 informational efficiency, or I should say
       16 on the non-news days, right?                       16 that's my opinion. Those are the tests I
       17     A. I did.                                      17 run.
       18     Q. And in defining what                        18          But it is not inconsistent to
       19 constitutes a news days for the Omega case,        19 say that this thing is fundamentally
       20 you wrote "Using a specific and objective          20 efficient and informationally efficient,
       21 criterion to identify news events that             21 because if we are talking about a REIT
       22 contain new valuation relevant information         22 where the news days, if I looked at
       23 such that one would, ex ante, reasonably           23 frequency of news days and ran the same
       24 expect a security price reaction," right?          24 test I did, I'm sure they are going to be
       25     A. Correct.                                    25 highly correlated with the days I have
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        1            WERNER                                  1             WERNER
        2 identified here as earnings days.                  2 academic work, discussion with colleagues.
        3     Q. All right. So I just have to                3 What else? Off the top of my head, that
        4 follow up on this. You said just now that          4 would certainly fall under that umbrella.
        5 it was your opinion that courts demand only        5     Q. And this reading of academic
        6 informational efficiency. That's not your          6 work, again, would be legal academic work
        7 expert opinion as an expert in finance or          7 in which you're not an expert, right?
        8 economics, is it? That is simply your              8     A. No.
        9 understanding of what the lawyers have told        9     Q. All right. Is there any
       10 you and what you have read about the law as       10 article in a finance or economics journal
       11 somebody who has no legal training; isn't         11 published within the past year that you can
       12 that right?                                       12 point me to that has changed your
       13     A. That is correct.                           13 understanding of what the law requires in
       14     Q. Okay. Now, this report was                 14 terms of market efficiency in class
       15 submitted one year ago, in March of 2022,         15 actions?
       16 right?                                            16     A. All right, so let's cut up your
       17     A. Correct.                                   17 question there. First of all, the article
       18     Q. Okay. Has your understanding               18 doesn't have to be written in the last
       19 of the law changed within the past year?          19 year, right? I don't have a universal
       20     A. Yes. But, again, because of                20 knowledge of every finance article ever
       21 this particular -- again, the facts and           21 written. Is that fair?
       22 circumstances surrounding this case were          22     Q. You testified, sir, that your
       23 the basis for the tests I performed here.         23 understanding changed over the past year
       24     Q. What happened in the past year             24 and you have now said a number of things on
       25 to change your understanding of what the          25 the basis of which it changed. So I'm
                                                 Page 167                                             Page 169
        1            WERNER                                  1            WERNER
        2 law requires in terms of market efficiency         2 following up.
        3 in class actions?                                  3     A. Okay.
        4    A. I mean, among other things,                  4     Q. And you said that it changed
        5 more thorough reading of Halliburton II.           5 based on a rereading of Halliburton II,
        6 But, again, this isn't like those stocks in        6 talking to colleagues, and some academic
        7 this case. This is a completely different          7 work. And I'm asking you, you are not
        8 stock. The circumstances of this case are          8 saying, are you, that whatever the academic
        9 completely different. This is not a market         9 work is that you have read in the past year
       10 manipulation case. And so anything that I         10 that has changed your understanding of what
       11 have done here is not necessarily                 11 the law requires for market efficiency in
       12 appropriate for this particular case.             12 securities class actions was published in
       13    Q. Okay. So I just want to make                13 an economics or finance journal, are you?
       14 sure I have a complete answer. I asked            14     A. So could you go back? Because
       15 what happened in the past that changed your       15 I think your original question, you said
       16 understanding of what the law requires in         16 written in the last year, and this was my
       17 terms of market efficiency in class               17 cause for confusion. If you are asking if
       18 actions, and you said, among other things,        18 I have read academic papers outside of the
       19 a more thorough reading of Halliburton II.        19 realm of securities litigation that talks
       20         Is there anything else that has           20 about informational efficiency in the last
       21 happened in the past that would change your       21 year, absolutely.
       22 understanding of what the law requires in         22     Q. All right. And what articles
       23 terms of market efficiency in class               23 are those?
       24 actions?                                          24     A. I don't recall off the top of
       25    A. Well, yeah, sure, reading of                25 my head.
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        1             WERNER                                  1             WERNER
        2     Q. You are not able to name a                   2     A. I don't know how to answer that
        3 single one as you sit here today?                   3 question. Stricter to the extent that
        4     A. Well, I think I referenced some              4 fundamental efficiency requires a specific
        5 of them here. I mean, I hadn't read -- let          5 definition? I mean, at this point you have
        6 me find the reference to Mr. Fischel's              6 read the definition numerous times prior to
        7 paper, because I hadn't read that prior to          7 this morning, so I don't feel like I need
        8 this year. This is his '89 Cornell Law              8 to repeat them. Is that a stricter
        9 Review article. Well, we will just go with          9 definition than the definition of
       10 that. That would be one such example.              10 informational efficiency? I think that's
       11     Q. Okay. Are there any others                  11 correct. But I don't know, if you are
       12 that you can think of that have changed            12 asking me are the tests stricter, I'm not
       13 your understanding of the law over the past        13 sure.
       14 year other than Mr. Fischel's 1989 Cornell         14     Q. All right. So in other cases
       15 Law Review article?                                15 in which you are a class certification
       16     A. Off the top of my head, no.                 16 expert in recent years, you have applied
       17 But as I said, I have read numerous                17 the selection criteria in paragraph 77 of
       18 articles, it is just I don't recall what           18 the Omega report for your news/no news
       19 they were. In the same way that I recently         19 test, right?
       20 read two articles that look at how demand          20     A. I'm sorry, I have used the
       21 changes the price of an underlying stock, I        21 selection criteria? You said page 77?
       22 read those extremely recently, but I don't         22     Q. No, I said paragraph 77, so
       23 remember the names of the authors or the           23 that was on page 30 as I recall.
       24 names of the papers. That's not certainly          24     A. Okay.
       25 anything that I focus on.                          25     Q. And in this Omega case, for
                                                  Page 171                                               Page 173
        1            WERNER                                   1             WERNER
        2    Q. All right. Now, you have used                 2 your news/no news test, you identified news
        3 this formulation that we just looked at in          3 events that contain new valuation relevant
        4 paragraph 77 of the Omega report from March         4 information such that one would, ex ante,
        5 of 2022, you have used that formulation in          5 reasonably expect a security price
        6 expert reports that are outside the context         6 reaction, right?
        7 of REITs, haven't you?                              7     A. Well, to the extent that I was
        8    A. What do you mean, formulation?                8 talking about earnings announcements, yes,
        9    Q. That group of words put                       9 that earnings announcements usually contain
       10 together as a sentence, that sentence              10 value relevant information.
       11 appears in expert reports that you have            11     Q. And you applied this test I
       12 submitted recently that do not involve             12 have just read out from paragraph 77 of the
       13 REITs; isn't that right?                           13 Omega report in other recent expert reports
       14    A. Oh, it is certainly possible.                14 you have submitted in securities class
       15    Q. Okay.                                        15 actions on class certification, right?
       16    A. I mean, I don't recall off the               16     A. Well, I don't -- I'm not sure
       17 top of my head, but I would not be                 17 if I used that exact wording in my more
       18 surprised if that were in fact the case.           18 recent reports. So maybe you want to -- so
       19    Q. Okay. And if I'm following you               19 the test I used or my definition of news
       20 right, you believe that that standard for          20 that I used in this case, every market
       21 identifying news days that is set forth in         21 efficiency report I have done since then
       22 paragraph 77 of the Omega report is one            22 has utilized the specific news/no news test
       23 that goes to fundamental efficiency and is         23 that I used in this matter.
       24 therefore stricter than the one you have           24     Q. You can't point to a single
       25 applied here; is that right?                       25 report that you submitted before you
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        1             WERNER                                  1            WERNER
        2 submitted your opening report in this               2 on class certification where for the
        3 matter where you applied this version of            3 news/no news test you applied earnings
        4 the news/no news test; isn't that right,            4 announcements; is that right?
        5 sir?                                                5    A. I mean, I don't know the
        6     A. I believe that's correct. But,               6 frequency, the number, but yes, I have
        7 I mean, maybe you will understand it better         7 certainly done that in the past. And, I
        8 if I explain the evolution.                         8 mean -- I will just leave it at that.
        9          So when we had our discussion              9    Q. And you describe that criterion
       10 earlier about earnings days, right, and so         10 for selection of news days just now as
       11 it could be the case that, you know, each          11 extremely restrictive; is that right?
       12 earnings day met expectations and there was        12    A. Well, if I said "extremely," I
       13 no stock price movement. So what I was             13 misspoke. It is restrictive to the extent
       14 doing in this case was trying to find a            14 that, again, if earnings are meeting
       15 consistent methodology that would work             15 expectations, the fact that the news/no
       16 across all companies. So, you know,                16 news test doesn't pass doesn't then
       17 earnings announcements are extremely               17 render -- I can't -- it doesn't necessarily
       18 restrictive. I have stopped using that at          18 mean that I should arrive at the conclusion
       19 least at this point.                               19 that the stock trades in an inefficient
       20          In terms of looking at 8-Ks or            20 market, or, put another way, the stock does
       21 news releases, in the NEO case I discovered        21 not trade in an efficient market.
       22 that when I looked at the underlying               22    Q. You continue to believe that
       23 information, there were discussions of             23 the use of earnings announcements as the
       24 things like moving stock, like a CEO moving        24 selection criterion for news days in
       25 from his personal account to a trust. So           25 running a news/no news test for Cammer
                                                  Page 175                                               Page 177
        1             WERNER                                  1            WERNER
        2 it became obvious to me that using 8-Ks or          2 factor five on class certification is an
        3 press releases could be over or                     3 appropriate methodology, right?
        4 under-inclusive with regards to news that           4    A. I'm sorry, could you read -- at
        5 investors might find material. And then             5 some point I believed it was an appropriate
        6 based on court acceptance of these tests            6 methodology.
        7 that I ran in this case as well -- as well          7    Q. Sure. So let's start with
        8 as reports that I've seen by other experts,         8 that. At the time you submitted the
        9 it seemed to me that this was the most              9 reports in which you used earnings
       10 objective way to measure news.                     10 announcements as the selection criteria for
       11          And, by way of example, you               11 news days, you believed that was an
       12 know, you have two experts who arrive at           12 appropriate methodology, right?
       13 different conclusions with regards to which        13    A. I assume that that was one
       14 days contained material information over a         14 possible definition of news that one could
       15 five or six-day period. So it seemed to me         15 use.
       16 that I wanted to be as objective as                16    Q. And as you sit here today on
       17 possible, and so I have adopted this               17 May 3rd, 2023, do you continue to believe
       18 current methodology on this report and             18 that the use of earnings announcements as
       19 every report since.                                19 the selection criterion for news days in
       20     Q. All right. So let me follow                 20 running a news/no news test for Cammer
       21 up, because there was a lot of information         21 factor five on class certification is an
       22 in the answer.                                     22 appropriate methodology?
       23          So if I understood you right,             23    A. Again, it would depend upon the
       24 there are a number of expert reports that          24 facts and circumstances of the case. So,
       25 you previously submitted in other matters          25 you know, for instance, you know, I have
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        1             WERNER                                1             WERNER
        2 done a lot of efficiency studies on drug          2 three pages, do you see with me --
        3 manufacturers.                                    3     A. The last three pages?
        4     Q. I have noticed that.                       4     Q. Yes. Do you see a set of three
        5     A. Drug manufacturers don't -- it             5 charts that are headed Exhibit 1A, Exhibit
        6 is not necessarily earnings releases that         6 1B and Exhibit 1C?
        7 tend to move the stock price of the drug          7     A. I do.
        8 manufacturers, oftentimes it has to deal          8     Q. All right. And do you see that
        9 with the efficacy or FDA approval process.        9 Exhibit 1A states that it applies
       10 And so to the extent that if I'm looking at      10 Dr. Werner's news versus no news test using
       11 a pharmaceutical company and I do a news/no      11 earnings and guidance releases?
       12 news test based on earnings, it is very          12     A. Correct.
       13 possible, very likely that it is going to        13     Q. Do you see that in the heading?
       14 fail the news/no news test, but that does        14     A. Yes, correct.
       15 not necessarily mean that that trades --         15     Q. And then I know the type is a
       16 does not trade in an efficient market.           16 little bit small, but do you see in
       17     Q. Do you have in the stack that             17 footnote 1, Professor Grenadier says that
       18 Mr. Rosen kindly provided at the outset of       18 he has identified five publicly available
       19 the day, do you have the rebuttal expert         19 reports where you used earnings or guidance
       20 report of Professor Steven Grenadier?            20 announcements to define news days, and then
       21     A. I believe so. Oh, the                     21 he lists five matters that includes the
       22 rebuttal?                                        22 Omega Healthcare Investors matter that we
       23          MR. ROSEN: I don't have the             23 just looked at just now? Do you see that?
       24     rebuttal, I just brought the opening         24     A. I do.
       25     report.                                      25     Q. All right. And do you have any
                                                Page 179                                             Page 181
        1            WERNER                                 1             WERNER
        2     Q. Okay. Why don't we give you --             2 basis to disagree with Professor Grenadier
        3     A. Can I just get something to                3 when he says that you used earnings or
        4 drink?                                            4 guidance announcements in the five cases in
        5     Q. Absolutely.                                5 his footnote 1 to his Exhibit 1A?
        6          MR. RYAN: Let's go off the               6     A. I have no reason to disagree
        7     record.                                       7 with -- I haven't looked at each one -- I
        8          THE VIDEOGRAPHER: This will              8 haven't looked at each one since I received
        9     end media unit four. We are going off         9 this report, but I have no reason to doubt
       10     the record at 2:24.                          10 that what he is saying is accurate.
       11          (Recess taken.)                         11     Q. All right. And that's in part
       12          THE VIDEOGRAPHER: We are back           12 because you know that there are multiple
       13     on the record at 2:29. This will begin       13 expert reports, these are all from 2019 to
       14     media unit five.                             14 present, there are multiple expert reports
       15 BY MR. RYAN:                                     15 within the last four or five years where
       16     Q. All right. So during the break            16 you have used this earnings and guidance
       17 I have handed you what we have previously        17 release criterion for news days, right?
       18 marked as Exhibit 176, which is the              18     A. There are certainly five, yes.
       19 rebuttal expert report of Professor Steven       19     Q. Okay. And you earlier
       20 Grenadier in this case dated March 28th,         20 testified that using earnings and guidance
       21 2023. Have you seen this report before,          21 releases as opposed to the methodology that
       22 sir?                                             22 you used in this case was a more
       23     A. I believe so.                             23 restrictive methodology, right?
       24     Q. All right. If you could look              24     A. I don't, again, I don't think I
       25 to the very back of the report, the last         25 said the methodology is more restrictive.
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        1            WERNER                                     1            WERNER
        2 I don't quite remember what I said was more           2     Q. Okay. And indeed if we look
        3 restrictive. But, again, I don't think I              3 here in Professor Grenadier's Exhibit 1A,
        4 said the methodology was more restrictive.            4 he finds that only three of the nine stocks
        5 But, I mean, I don't want to quibble with             5 meet the Fisher's exact test using your
        6 you. Maybe that's what I did say.                     6 news versus no news test, but with earnings
        7     Q. Well, so let me ask you, you                   7 and guidance releases as the news, right?
        8 said that using earnings announcements was            8     A. Could you reread that question,
        9 extremely restrictive. What did you mean              9 please?
       10 by "restrictive"?                                    10         (The record was read.)
       11     A. Well, you are going to get                    11     A. So what do you mean by meets
       12 these false negatives that I have                    12 the Fisher's exact test? I'm not familiar
       13 discussed.                                           13 with that phrase.
       14     Q. Certain valuation relevant news               14     Q. Okay. So you see then in the
       15 that is not included among the news days?            15 far right column of Exhibit 1A there are
       16     A. I'm sorry, what?                              16 p-values?
       17     Q. By false negatives, do you mean               17     A. Correct.
       18 certain valuation relevant news that is not          18     Q. And the p-values below 5
       19 included among the news days?                        19 percent indicate statistical significance
       20     A. Certain value -- I don't -- I                 20 at the 95 percent confidence level, right?
       21 don't understand that sentence. What do              21     A. That is correct.
       22 you mean?                                            22     Q. Okay. And so am I right, then,
       23     Q. Okay. So you introduced the                   23 that in Professor Grenadier's Exhibit 1A,
       24 concept of false negatives as opposed to             24 he finds that only three of the nine stocks
       25 false positives, right?                              25 have a statistically significant difference
                                                    Page 183                                              Page 185
        1            WERNER                                     1            WERNER
        2     A. Maybe I should make a                          2 between the news days and the non-news days
        3 clarification. When I say false negatives,            3 using your news versus no news test, but
        4 I mean that it will identify -- it is                 4 with earnings and guidance releases as the
        5 possible that it will identify a stock that           5 news?
        6 actually trades in an efficient market as             6    A. There is a lot packed in there,
        7 one that, at least based on this particular           7 but I believe that is correct.
        8 criterion, appears to not trade in an                 8    Q. Okay. And you don't have any
        9 efficient market.                                     9 reason to dispute Professor Grenadier's
       10     Q. I see. Thank you, that is                     10 calculations here, do you?
       11 helpful.                                             11    A. The actual calculations?
       12          So when you said that using                 12    Q. Yes.
       13 earnings and guidance releases as the                13    A. No.
       14 criterion for news days was more                     14    Q. Okay. Now if we look at
       15 restrictive, what you were saying was it             15 Exhibit 1B, the following page to
       16 would lead more often to a negative result           16 Deposition Exhibit 176, Professor
       17 on the news/no news test for market                  17 Grenadier's rebuttal report, we see now he
       18 efficiency, right?                                   18 has a table that applies your news versus
       19     A. A negative result, meaning --                 19 no news test but this time uses Forms 8-K
       20     Q. No finding of efficiency.                     20 and 6-K for the news days, right?
       21     A. Based on that particular                      21    A. Correct.
       22 factor?                                              22    Q. And you understand that a Form
       23     Q. Yes, sir.                                     23 6-K is essentially the equivalent of a
       24     A. Yes. I believe what you have                  24 current event filing on Form 8-K if the
       25 said is correct.                                     25 issuer is foreign, right?
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        1            WERNER                                   1            WERNER
        2    A. Correct, correct.                             2 no reason to think it is incorrect.
        3    Q. Okay. So in footnote 1 to                     3     Q. Okay. And NEO, is that a
        4 Exhibit 1B Professor Grenadier states that          4 Chinese electric car company?
        5 he has identified seven publicly available          5     A. To the best of my recollection,
        6 reports where you used the filing of a Form         6 yes.
        7 8-K or 6-K to define the news days, right?          7     Q. And I do apologize if you
        8    A. Correct.                                      8 explained this in greater detail in that
        9    Q. And do you see there are seven                9 very long answer you gave, but I didn't
       10 reports listed which have dates from 2016          10 manage to write that down. Was there
       11 to 2021?                                           11 something that occurred as you were working
       12    A. I haven't counted them. I have               12 on the NEO case that led you to decide not
       13 no reason to doubt your calculation.               13 to use this approach any longer?
       14    Q. Okay. And do you have any                    14     A. Yes.
       15 reason to dispute what Professor Grenadier         15     Q. What was that?
       16 says in footnote 1 to his Exhibit 1B of his        16     A. Well, I mean, there is a couple
       17 rebuttal report, namely that you used this         17 of things. With regards to NEO, right, I
       18 Form 8-K or Form 6-K criterion to define           18 found news, I don't remember if it was in a
       19 news days in at least these seven reports?         19 press release or an 8-K, it is a foreign
       20    A. Without looking at -- I mean,                20 company, so it is a 6-K, that dealt with
       21 again, I haven't looked at these reports           21 news that I thought would not be material
       22 even since Professor Grenadier submitted           22 to investors.
       23 his report, but I have no reason to doubt          23         So the test would quantify
       24 that what you are saying is accurate.              24 those days as news days, but in fact there
       25    Q. Okay. And one reason why you                 25 is no reason to think that that information
                                                  Page 187                                               Page 189
        1             WERNER                                  1             WERNER
        2 say that, I take it, is you agree, even if          2 would have any impact on the stock price.
        3 you don't have the exact number of reports          3 And so to that extent, some firms, and, I
        4 in mind, that there are a number of expert          4 mean, you know, it is a case-by-case basis,
        5 reports over the past five years where you          5 some firms are going to be over-inclusive
        6 have used a Form 8-K or 6-K criterion for           6 in terms of what they report.
        7 news day selection in performing a news             7          So, for instance, this guy,
        8 versus no news test for Cammer factor five          8 again, reports that he changed his -- he
        9 for market efficiency, right?                       9 moved his stock, his company stock, and I
       10    A. Absolutely. But I want to                    10 think it was the CEO, from his personal
       11 point out that since the NEO report I have         11 account to a trust account, and there is no
       12 not used any of these methodologies to             12 reason for me as a financial economist to
       13 define my news/no news test.                       13 think that that would have any
       14    Q. Okay. And you see here that in               14 informational value to investors.
       15 Exhibit 1B, Professor Grenadier reports            15          And the flip side of that,
       16 that the Fisher's exact test showed                16 right, is that oftentimes firms will
       17 statistical significance for only two of           17 under-report news, so it is basically, to
       18 the nine stocks using the Form 8-K or 6-K          18 the extent that they are either filing
       19 news day selection criterion?                      19 press releases or 8 or 6-Ks, right, there
       20    A. That is correct.                             20 is some decision made on the part of the
       21    Q. All right. And you don't have                21 corporation that this news is material to
       22 any basis to dispute that calculation, do          22 the market, and so they are making that
       23 you?                                               23 choice, it is an objective criterion,
       24    A. I have not checked. I have not               24 where -- I'm sorry, subjective criteria,
       25 personally checked his calculation. I have         25 right. Whereas what I have done -- so if
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        1             WERNER                                   1             WERNER
        2 you think about this as a, you know, a               2 call it the Factiva news approach, I'm not
        3 sliding scale of most objective to most              3 sure that that's a fully accurate
        4 subjective, right, these methodologies are           4 description. But if you are saying what I
        5 going to be somewhere in here.                       5 have done -- if you are describing what I
        6          In terms of what I've done,                 6 have done and you want to call it the
        7 I've gone to this extreme point of the most          7 Factiva news/no news approach, I'm more
        8 objective test that one could do in                  8 than happy to accept that definition.
        9 performing those news/no news tests. And             9     Q. Okay, all right. So when you
       10 as I have stated previously, it has been            10 are talking about courts accepting this
       11 accepted by courts, well, beyond its being          11 Factiva headline approach, are you
       12 accepted by courts, it has also been                12 referring to reports from Dr. Tabak or from
       13 utilized by one of the authors of the               13 others?
       14 Ferrillo paper written in I believe 2004.           14     A. Certainly I believe Dr. Tabak.
       15          So it has got, even though the             15 I believe I have seen others, but off the
       16 Ferrillo paper doesn't deal specifically            16 top of my head, I don't recall.
       17 with that methodology, obviously if one of          17     Q. Okay. Is it just one court
       18 the co-authors of the paper deemed it               18 opinion or more than one that you have in
       19 sufficient to run a news/no news test, it           19 mind as accepting Dr. Tabak's use of this
       20 should be sufficient for me as well as the          20 more recent news/no news approach?
       21 fact that courts have accepted it.                  21     A. Well, I don't know how many
       22     Q. And when you say you have gone               22 times Dr. Tabak has used it, so I can't
       23 to this extreme point of the most objective         23 tell you if there is more than one court
       24 test that one could do in performing these          24 who has accepted it or not.
       25 news/no news tests, you are referring to            25     Q. Okay.
                                                   Page 191                                              Page 193
        1            WERNER                                    1           WERNER
        2 the Factiva headline approach that you used          2     A. I don't know, off the top of my
        3 in this case, right?                                 3 head, I don't know the frequency with which
        4     A. Right, correct. Well, I                       4 other experts have used this definition of
        5 don't -- that might be -- in general,                5 news/no news. So I can't tell you, you
        6 that's correct.                                      6 know, how many times courts have accepted
        7     Q. And when you refer to one of                  7 it.
        8 the co-authors of the Ferrillo paper, you            8     Q. Okay. But if I understood you
        9 are referring to Dr. Tabak, right?                   9 right, you were saying that you personally
       10     A. That is correct.                             10 have read a court opinion that accepted
       11     Q. Have you discussed news/no news              11 Dr. Tabak's use of an approach similar to
       12 selection criteria with Dr. Tabak?                  12 your Factiva headline approach for the
       13     A. It is possible. I worked with                13 news/no news test?
       14 him at NERA. I don't recall.                        14     A. Well, I'm not sure that the
       15     Q. Okay. Have you discussed it                  15 courts necessarily discussed the news/no
       16 within the last two years with him?                 16 news test specifically, but to the best of
       17     A. No.                                          17 my recollection, I believe some courts have
       18     Q. All right. When you said                     18 found -- have certified classes where this
       19 earlier that you believed that there are            19 methodology was used.
       20 some courts that have accepted your current         20     Q. Okay. So if you didn't learn
       21 approach, this Factiva headline approach,           21 this from speaking to Dr. Tabak, because
       22 the news/no news test, you are not                  22 you say you haven't spoken to him about
       23 referring to opinions you have rendered,            23 news/no news test in the past two years,
       24 are you?                                            24 and if you didn't learn this from reading a
       25     A. Oh, that is correct. When you                25 court opinion yourself because you said you
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        1            WERNER                                    1            WERNER
        2 don't know whether the court necessarily             2 Deposition Exhibit 176.
        3 discussed the no news test, what is the              3          So do you see that Exhibit 1C
        4 basis for your belief that some courts have          4 states that it is an application of your
        5 found this news/no news test using the               5 news/no news test but this time using press
        6 Factiva headline approach to be acceptable?          6 releases as the news day selection
        7    A. So you've said that I didn't                   7 criterion?
        8 read court opinions. I have said I have              8     A. Correct.
        9 read court opinions. I don't recall what             9     Q. And do you see that Professor
       10 court opinions.                                     10 Grenadier in footnote 1 to Exhibit 1C
       11    Q. Okay. So I believe you said                   11 states that he identified two reports where
       12 that you are not sure that the courts               12 you did that, the Ebix report from 2012 and
       13 necessarily discussed the news/no news test         13 the Hi-Crush report from 2014? Do you see
       14 specifically, but to the best of your               14 that?
       15 recollection you believe some courts                15     A. Yes. Yes, I do.
       16 certified classes where this methodology            16     Q. And do you have any reason to
       17 was used?                                           17 dispute Professor Grenadier's statement
       18    A. That's a correct statement.                   18 here in footnote 1 that you did indeed use
       19    Q. And so my question is if the                  19 a press release, news day selection
       20 court opinion doesn't talk about the                20 criterion in at least those two reports?
       21 news/no news test, how do you know that any         21     A. I believe that prior to 2014 I
       22 court has certified a class using this              22 definitely, so nine years ago, I definitely
       23 methodology?                                        23 used this methodology. I don't recall --
       24    A. Oh, okay, now I think I                       24 my guess is if I had used it since then,
       25 understand. It is certainly possible that           25 Dr. Grenadier may have highlighted it. So
                                                   Page 195                                              Page 197
        1             WERNER                                   1             WERNER
        2 the court discussed the news/no news test.           2 based on what I'm seeing here, yeah, I have
        3 It is also possible that I saw the report            3 used it twice, not since 2014.
        4 written by the expert in which this                  4     Q. All right. And do you see in
        5 methodology was used.                                5 Exhibit 1C Professor Grenadier calculates
        6     Q. And as you sit here today, you                6 that using the Fisher's exact test there is
        7 don't know which of the two it is?                   7 statistical significance to the comparison
        8     A. Which of the two it is? It                    8 of the high information flow days to the
        9 could be both.                                       9 low information flow days for only one of
       10     Q. Okay. But you're not telling                 10 the nine stocks?
       11 me that there is a court case out there             11     A. I don't think what you've said
       12 that you're aware of that accepts this              12 is correct.
       13 broad of a news/no news test where it is            13     Q. I may have bolloxed that, so
       14 just every headline result from Factiva,            14 let me try again.
       15 right?                                              15     A. Okay.
       16     A. I mean, I don't know how else                16     Q. Do you see in Exhibit 1C that
       17 to answer the question. I mean, I have              17 Professor Grenadier calculates Fisher exact
       18 answered the question to the best of my             18 test p-values using the press release
       19 ability.                                            19 method for each of the nine stocks?
       20     Q. Okay.                                        20     A. Yes, I do see that.
       21     A. I don't know that -- I mean, I               21     Q. And do you see that he finds
       22 did the best I could.                               22 statistical significance at the 95 percent
       23     Q. Okay. Let's turn to Exhibit                  23 confidence level for only one of the nine
       24 1C. This is in Professor Grenadier's                24 stocks using the press release method,
       25 rebuttal report previously marked as                25 namely Bed Bath & Beyond?
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        1            WERNER                                 1             WERNER
        2     A. Well, statistical significance,            2 three different recalculations in Exhibits
        3 to the extent that you are looking at a           3 1A, 1B and 1C, and here he is saying if he
        4 difference between news and no news, yes.         4 instead defines in effect a combined set of
        5     Q. Okay. And --                               5 news days that meet any of those three
        6     A. Or as defined here by using                6 criteria, and he defines that as the news
        7 press releases.                                   7 day set, then his result is that there is
        8     Q. Okay. So let me just make                  8 statistical significance for only two
        9 sure. Running a Fisher's exact test to            9 stocks, namely AMC and Bed Bath & Beyond,
       10 calculate statistical significance of the        10 right?
       11 difference between news and no news days is      11     A. Correct.
       12 the same methodology that you used in your       12          MR. ROSEN: What paragraph are
       13 opening report in this case, right?              13     you referring to?
       14     A. I believe that is correct.                14          MR. RYAN: Footnote 96, which
       15     Q. All right.                                15     is off of paragraph 53 on page 26 of
       16     A. But we haven't said anything              16     Professor Grenadier's rebuttal report.
       17 about the definition of news.                    17     Q. And you don't have any basis to
       18     Q. Understood. We have alluded to            18 disagree, do you, Dr. Werner, with the
       19 it several times. We are going to get into       19 calculations in Professor Grenadier's note
       20 it in more detail, worry not. All right.         20 96?
       21         So now if you could turn,                21     A. I have no reason to disagree
       22 please, with me in Professor Grenadier's         22 that the calculations are accurate.
       23 rebuttal report, this same document we have      23     Q. Okay. And you haven't done
       24 been looking at, to page 26.                     24 anything for any of the cases that are
       25         MR. ROSEN: This is Grenadier's           25 still ongoing that are cited here in
                                                Page 199                                           Page 201
        1            WERNER                            1            WERNER
        2    report again?                             2 footnotes 1 to Exhibit 1A or 1B of
        3          MR. RYAN: Yes.                      3 Professor Grenadier's rebuttal report, you
        4    Q. You see in paragraph 53 he goes        4 haven't done anything to somehow withdraw
        5 through his findings for three exhibits      5 the news/no news test that you ran in any
        6 that you and I just looked at together for   6 of those cases, have you?
        7 the last half hour, Exhibits 1A, 1B and 1C,  7     A. No, not to my knowledge. I
        8 right?                                       8 mean, you said ongoing. I mean, if you
        9    A. Correct.                               9 really want me to look at it, I'm pretty
       10    Q. And then in footnote 96,              10 sure none of those cases are ongoing, but
       11 Professor Grenadier reports that            11 it is possible they are.
       12 "Additionally, when news days, or high      12     Q. Okay.
       13 information flow days, are defined as the   13     A. Obviously, you know, the
       14 combination of earnings releases, Form 8-K  14 Hi-Crush case and the case from -- the Ebix
       15 and Form 6-K filings, and press releases,   15 case are not ongoing to the best of my
       16 his results," meaning your, Dr. Werner's    16 knowledge.
       17 results, "are reversed for all but two      17     Q. Understood.
       18 stocks, namely AMC and Bed Bath & Beyond." 18      A. But that caveat aside, yeah.
       19    A. Hold on a second.                     19     Q. Okay. All right. Now, you
       20    Q. Uh-huh.                               20 cite in your report, so let's try to find
       21    A. I'm sorry, maybe I                    21 this now, this would be your opening
       22 misunderstood you. Did you say he combined 22 report, Exhibit 281, on page 31 --
       23 those definitions into one news day?        23     A. I think I mixed up some stuff
       24    Q. Yes. So what he is saying as I        24 here. Oh.
       25 understand it in 96, we saw how he did the  25          MR. ROSEN: You are talking
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        1            WERNER                                  1             WERNER
        2    about the opening report?                       2 one looks at may have changed since they
        3         MR. RYAN: Yes.                             3 read this report, or, sorry, report, paper
        4         MR. ROSEN: Page 31?                        4 back in 2004.
        5         MR. RYAN: Yes.                             5     Q. Maybe. I mean, you can't ask
        6    A. So this only goes up to page                 6 Fred Dunbar, can you, unfortunately?
        7 28, which suggests to me that I may have           7     A. No, I'm sure you could depose
        8 combined some documents.                           8 David Tabak, but the evidence is that he
        9         MR. ROSEN: I think the problem             9 has adopted possibly a different criterion
       10    is they are not stapled, so you are            10 than what was strictly said in this report.
       11    mixing everything together.                    11 His opinions may have evolved over time I
       12         THE WITNESS: Do you want to               12 guess is what I'm saying. In fact, all
       13    give me your copy, Larry, or Mr. Rosen?        13 indications are that they have evolved over
       14         MR. ROSEN: Which report are we            14 time.
       15    talking about?                                 15     Q. All right. So let me go back
       16         THE WITNESS: So my initial                16 to my question. Do you consider the
       17    report.                                        17 Ferrillo article to be a reputable
       18         MR. ROSEN: Your initial                   18 authority in how to conduct event studies
       19    report, that should be here. Oh, I             19 for market efficiency purposes?
       20    have it here. Hang on. Your initial            20     A. I think it is a reputable study
       21    report is this one, 284, right?                21 with regards to how to conduct -- I
       22         MR. RYAN: No, it is 281. It               22 don't -- again, reputable study? It is --
       23    is the thick document.                         23 it is informative. It has met the
       24         THE WITNESS: This is the Omega            24 methodology of looking at a news/no news
       25    document. Yeah, the big one.                   25 test is certainly something that has been
                                                 Page 203                                               Page 205
        1            WERNER                                  1            WERNER
        2          MR. ROSEN: I'm sorry.                     2 adopted by many economists, many courts. I
        3          THE WITNESS: No worries.                  3 don't know if that makes it a reliable
        4     Q. All right. So we are looking                4 source. That's your term, reliable source.
        5 at page 31, note 74.                               5 I think you said reliable source.
        6     A. Okay, page 31, note 74.                     6     Q. Reputable.
        7     Q. Right.                                      7     A. Reputable, reputable. So I
        8     A. Footnote 74.                                8 don't know how to necessarily define that.
        9     Q. Yes.                                        9 But to the extent that they present an
       10     A. Okay.                                      10 analysis, a news/no news analysis that
       11     Q. And do you see the citation to             11 people have since adopted or at least the
       12 Ferrillo, et al, from the St. John's Law          12 methodology that people have still -- have
       13 Review in 2004?                                   13 since adopted, again, I don't know if that
       14     A. I do.                                      14 renders it reputable. It certainly renders
       15     Q. And is this the Ferrillo                   15 it informative.
       16 article that you were referring to                16     Q. All right. You chose to cite
       17 previously in your testimony?                     17 the Ferrillo article in your opening
       18     A. Correct.                                   18 report, right?
       19     Q. Okay. And do you consider this             19     A. That is correct.
       20 article to be a reputable authority in how        20     Q. And I assume that is because
       21 to conduct event studies for market               21 you hold the article in high esteem?
       22 efficiency purposes?                              22     A. It informs my opinion about how
       23     A. Reputable? It is informative.              23 to run a news/no news test.
       24 But, as I've said, the underlying authors'        24     Q. Has the article been
       25 opinions of how one defines news and what         25 influential in terms of a methodology for
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        1              WERNER                                  1            WERNER
        2 running a news/no news test?                         2 mean, I don't -- I haven't perfectly
        3     A. When you say influential,                     3 memorized the entire methodology as
        4 influential to who?                                  4 described in this report. So if you want
        5     Q. Has it had influence on other                 5 me to look how they describe it, again,
        6 people, readers?                                     6 even Dr. Tabak has changed some of his
        7     A. Readers?                                      7 opinions. So I don't know how that might
        8     Q. Yes.                                          8 or might not be reflected in the
        9     A. Well, I mean, I don't remember                9 methodology that they describe in this
       10 if it is cited in Halliburton I or in               10 paper. Now, I do know, again, courts have
       11 Halliburton II, the amicus brief. I mean,           11 accepted the news/no news analysis in
       12 people certainly have cited it. I don't             12 general. Again, I don't know if that makes
       13 know -- what was the specific word he used?         13 it reputable, reliable, whatever.
       14           MR. ROSEN: Reliable.                      14     Q. I am going to show you the
       15           THE WITNESS: No, we are past              15 report. I'm going to show it to you in just
       16     "reliable."                                     16 a minute. But I do want to see whether you
       17     Q. Has it had influence on other                17 can answer this question: Are you able to
       18 people, namely readers?                             18 answer my question before we look at the
       19           MR. ROSEN: Objection, calls               19 report whether you considered the
       20     for speculation.                                20 methodology for running the news/no news
       21     A. Again, I don't know. Like I                  21 test in Ferrillo, et al, to be reliable?
       22 said, people have seemed to adopt the               22          THE WITNESS: Do you want to
       23 general methodology that these people used          23     object?
       24 in this report.                                     24          MR. ROSEN: I already objected.
       25     Q. All right. Do you believe that               25     You know, it is up to you to answer the
                                                   Page 207                                              Page 209
        1             WERNER                                   1             WERNER
        2 the Ferrillo, et al, methodology is                  2     question.
        3 reliable?                                            3          THE WITNESS: You didn't
        4     A. Do I believe that running a                   4     technically object, that's why I was
        5 news/no news test can inform one about               5     waiting.
        6 whether or not a security trades in an               6     A. I mean, I don't know how to
        7 efficient market? I do.                              7 give you a different answer than I have
        8     Q. All right. My question,                       8 previously given. That's my answer.
        9 though, is a little different. Do you                9     Q. You won't know if it is
       10 believe that the methodology for running a          10 reliable until you have looked at it?
       11 news/no news test set forth in Ferrillo, et         11     A. I defer to what I said
       12 al, is reliable?                                    12 previously.
       13     A. I would have to look -- if you               13     Q. That's the best answer you are
       14 want to give me the paper, I'm happy to             14 able to give me to that question?
       15 look at it. I have given you the best               15     A. Well, I mean, there has been --
       16 answer that I can without actually looking          16 I don't know, you keep asking me the
       17 at the report.                                      17 question.
       18     Q. Okay. So am I understanding                  18          MR. ROSEN: You want an answer
       19 you right that without looking at the               19     to a question that specifically refers
       20 report you cannot tell me one way or the            20     to a specific -- to the specific model
       21 other whether you believe that the                  21     in that specific academic paper, and he
       22 methodology in Ferrillo, et al, for running         22     is saying well, let me look at the
       23 a news/no news test is reliable?                    23     academic paper so I can better answer
       24     A. Well, let's see the full                     24     your question. So you said you have
       25 methodology and then I will tell you. I             25     the paper, so just show it to him and
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                                                   Page 210                                             Page 212
        1             WERNER                                   1           WERNER
        2     he will answer your questions. It                2 This was -- this is 2004, so ten years
        3     seems that that will get us through              3 before Halliburton II.
        4     this.                                            4         (Witness perusing document.)
        5           MR. RYAN: I will.                          5    Q. So I believe that discussion
        6     Q. So you're not able to answer                  6 you are looking for begins at the very
        7 the question unless I show you the paper,            7 bottom of page 102 under the heading
        8 right? Is that right?                                8 Efficient Markets in Theory. That also
        9     A. I believe that in order to give               9 defines the term EMH.
       10 you the most accurate answer possible I             10         MR. ROSEN: It is also on page
       11 would need to see the paper. As my                  11    117 there is a discussion. You said
       12 understanding, at the deposition, my job is         12    102 or 112?
       13 to give the most accurate testimony                 13         MR. RYAN: 102.
       14 possible. It doesn't seem odd that I                14         (Witness perusing document.)
       15 should ask to see the underlying paper for          15         MR. ROSEN: The beginning of
       16 which you are asking me this question.              16    page 14 and the middle of page 14 --
       17     Q. All right. Why don't we look                 17         MR. RYAN: I don't think we
       18 at the paper. So this will be Exhibit 285           18    need this commentary.
       19 I believe.                                          19         MR. ROSEN: Well, all right,
       20           (Defendant's Exhibit 285 marked           20    then we can go through the whole thing.
       21 for identification.)                                21         (Witness perusing document.)
       22     Q. All right. So why don't we                   22    Q. All right. Have you had the
       23 turn to page 119.                                   23 chance now to read pages 119 to 121?
       24     A. 119.                                         24    A. No, I haven't.
       25     Q. Let me just ask you a                        25         (Witness perusing document.)
                                                   Page 211                                             Page 213
        1            WERNER                                    1             WERNER
        2 foundational question first, which I meant           2          MR. ROSEN: Go to page 117.
        3 to do. Is Exhibit 285 the Ferrillo, et al,           3          THE WITNESS: Do you want me to
        4 paper that we have been talking about?               4     move ahead to page 117?
        5    A. I believe so, yes.                             5     Q. I would like you to read pages
        6    Q. All right. So if you could                     6 119 to 121 and then I'm going to ask you
        7 turn, please, to page 119. Do you see a              7 some specific questions. You asked where
        8 heading there number 2, Price Reaction to            8 efficient market hypothesis was defined in
        9 News?                                                9 the document. I have shown you where it
       10    A. I do.                                         10 was defined. There is no need for you
       11         MR. ROSEN: What page are you                11 waste time on the record reading 20 pages
       12    on?                                              12 of this article, which is an article that
       13         MR. RYAN: 119.                              13 you are quite familiar with.
       14    Q. And so if you could maybe just                14          MR. ROSEN: Look, he is
       15 read to yourself from that heading in the           15     entitled to read the article if you are
       16 middle of page 119 to the very top of page          16     going to ask him questions about it.
       17 121 before the table about Metro Global             17     Q. Well, let me start asking you
       18 Media and then I will ask you some                  18 questions. So, Dr. Werner, do you agree,
       19 questions.                                          19 and I'm reading from -- five lines from the
       20    A. I want to first go to -- I                    20 bottom of page 119 --
       21 don't recall what their -- what type of             21     A. I'm like ten pages -- yeah, I'm
       22 definition they are using for the efficient         22 on 109, so let's slow your roll there.
       23 market hypothesis, so I would like to go to         23     Q. Do you agree that because stock
       24 the beginning and just refresh my memory            24 prices move all the time one must compare
       25 about the exact standard they were using.           25 the movements in response to news stories
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        1             WERNER                                  1             WERNER
        2 with a control group of prices?                     2    to read. You should start at least at
        3     A. I haven't read that yet.                     3    117, because the whole context --
        4     Q. So you can't tell me if you                  4          MR. RYAN: I'm going to
        5 agree or disagree with that?                        5    continue.
        6     A. I would like to read it in the               6          MR. ROSEN: He is allowed to
        7 context in which it was written.                    7    read it if you ask him about it.
        8     Q. Well, I have given you about                 8          THE WITNESS: I can't read
        9 ten minutes already to read portions of             9    while you are asking questions.
       10 this article, and I directed you to a full         10          MR. ROSEN: This is a long,
       11 two pages and you apparently have been             11    complicated academic paper and you want
       12 reading other pages of the article. I just         12    to ask him is it true what is written
       13 want the record to clearly reflect that.           13    in this long, complicated academic
       14 So you are not able to answer that                 14    paper. He has to read it. He hasn't
       15 question?                                          15    looked at it in -- even if he hasn't
       16     A. I will be able to answer that               16    looked at it in three weeks, it is
       17 question when I read that sentences or             17    still three weeks ago. So he is
       18 sentence and put it in the context of what         18    entitled to read it.
       19 the authors are saying.                            19          MR. RYAN: I gave the witness
       20     Q. Okay. Let me ask you then the               20    plenty of time to read it.
       21 top of page 120, you see that Ferrillo, et         21    Q. Now, do you see here now on
       22 al, write "Using whatever sample is chosen,        22 line 5 of page 120, the authors say that
       23 one could then separate out those days on          23 "There is the choice of news sources to be
       24 which the company is mentioned in the news         24 searched (for example, major newspapers and
       25 from those on which it is not. Of course           25 presswires versus all available news
                                                  Page 215                                            Page 217
        1            WERNER                                   1             WERNER
        2 there are various ways to implement this            2 sources) and whether to limit the search to
        3 procedure."                                         3 those stories where the company name and/or
        4         Do you agree with the authors               4 ticker is mentioned in the headline, the
        5 that there are various ways to implement            5 headline or lead paragraph, or anywhere in
        6 this procedure?                                     6 the story"?
        7     A. You are on page 120 now?                     7     A. What paragraph are you on?
        8     Q. Yes, sir.                                    8     Q. I'm on page 120, beginning five
        9     A. That is what they wrote.                     9 lines from the top. And do you agree with
       10     Q. All right. And do you agree                 10 the authors that there are these choices of
       11 with them as an expert in finance and              11 what news sources to be searched and
       12 economics who yourself apply the news/no           12 whether to limit the search to stories
       13 news test regularly, do you agree with them        13 where the company name or ticker is in the
       14 that there are various ways to implement           14 headline or the headline and lead paragraph
       15 this procedure?                                    15 or anywhere in the story?
       16     A. Well, I don't know exactly what             16     A. I agree that that's what they
       17 procedure they are talking about, so, I            17 wrote.
       18 mean, if you would let me -- I still               18     Q. And do you agree that those are
       19 haven't read 119 through 121. So, I mean,          19 all reasonable methodological choices to
       20 I guess you want me to skip ahead and              20 make in conducting a news/no news test for
       21 ignore what is written with regards to the         21 the purpose of testing market efficiency?
       22 efficient market hypothesis and what needs         22     A. Is it a reasonable assumption?
       23 to be shown.                                       23 It is certainly one that one could use.
       24         MR. ROSEN: Well, before you                24     Q. Do you see the next sentence
       25     answer the question, read what you want        25 then reads "One could also refine the
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        1             WERNER                                 1            WERNER
        2 search to only focus on particular types of        2 to make 8-K and 6-K filings; is that right?
        3 news stories, for example, earnings                3    A. I don't know if that's
        4 announcements"?                                    4 accurate. I mean, if you want to show
        5     A. You have read that correctly.               5 me -- just show me an 8-K or show me the
        6     Q. Okay. And that's a                          6 SEC rules about when a firm needs to issue
        7 methodological choice that you have made in        7 an 8 or 6-K, I'm happy to review it. I
        8 multiple previous expert reports as we went        8 have a general understanding.
        9 over, right?                                       9    Q. All right. What is your
       10     A. Yes, prior to my submission of             10 general understanding of the SEC rules for
       11 the NEO report, correct.                          11 when a firm needs to issue an 8-K or a 6-K?
       12     Q. All right. So your submission              12    A. Again, I don't want to give an
       13 of the NEO report I think had to do with          13 inaccurate answer. So if you want to show
       14 not using Form 8-K or 6-K, right?                 14 me where that's written, I'm happy to
       15     A. No. It had to deal with the                15 review that and then give you an answer.
       16 problems under any definition -- under any        16    Q. Okay. Without reviewing SEC
       17 subjective definition of news. I don't            17 regulations or other documents, am I right
       18 recall -- I mean, if you want to show me          18 that you are unable to provide any general
       19 the NEO report, I don't remember whether I        19 understanding of what the SEC rules are
       20 was looking at 8-Ks or press releases.            20 about when a firm needs to issue an 8-K or
       21     Q. Didn't you tell me 15 minutes              21 a 6-K?
       22 ago that in the NEO case you were looking         22    A. See, my problem is I don't
       23 at a Form 8-K and you found that an               23 remember if it specifically states that it
       24 executive, you believed it was the CEO, was       24 has to include -- that it must be written
       25 making a disclosure in the Form 8-K about         25 or published when they have material
                                                 Page 219                                              Page 221
        1             WERNER                                 1            WERNER
        2 moving a certain investment from a personal        2 information. That's the only distinction.
        3 account to a trust account, and you said           3 I'm not positive that that's exactly what
        4 that it was your experience in looking at          4 they say, and that's why I would want to
        5 Forms 8-K and 6-K that companies used              5 refresh my memory as to whether or not that
        6 different standards in how often they              6 is the exact wording used by the SEC.
        7 reported items and that you concluded that         7     Q. Because that would be relevant
        8 the Form 8-K and 6-K approach was both over        8 to you in assessing the suitability of that
        9 and under-inclusive, isn't that what you           9 news day selection criterion for purposes
       10 testified to 20 minutes ago?                      10 of testing market efficiency, right?
       11     A. Well, let's be specific,                   11     A. Well, again, it would -- it
       12 because when we were talking about NEO, I         12 goes to what -- assuming that my definition
       13 wasn't talking about 8-Ks, I was talking          13 is correct, right, it goes to what the
       14 about 6-Ks. So if you go to the beginning         14 company believes is material, and that is
       15 of your statement there, it is incorrect.         15 necessarily a subjective view of what news
       16 Now, whether I was looking at press               16 is or what material news is.
       17 releases or 6-Ks at the time, I don't             17          So to the extent that the
       18 recall.                                           18 company has to determine, and, again, I
       19     Q. And you agree that a 6-K is                19 don't recall it off the top of my head, but
       20 basically the same as an 8-K except for a         20 if you want to stipulate that in fact what
       21 foreign issuer, right?                            21 it discusses is material news, it then --
       22     A. That is correct.                           22 it rests on how -- what a company believes
       23     Q. And I guess because you're not             23 is material, and as I've said, and as
       24 a lawyer, you are unfamiliar with the SEC         24 you've stated, those two things could be
       25 regulations for when companies are required       25 over or under-inclusive with regards to
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        1            WERNER                                    1            WERNER
        2 news.                                                2 closed could only affect the next day's
        3     Q. Okay. Help me understand what                 3 stock price movements"?
        4 you are saying better. You are saying your           4          Do you see that?
        5 criticism of the use of 8-K or 6-K as a              5     A. Oh, right. I do see that.
        6 news day selection criterion as you used to          6     Q. All right. And do you agree
        7 do in running the news/no news test is that          7 with them that whether one uses all news
        8 materiality is in the eye of the beholder?           8 stories or whether one refines the search
        9     A. Well, again, that's to the best               9 to focus on particular types of news
       10 of my recollection.                                 10 stories, one would still have to be careful
       11     Q. Okay.                                        11 to assign stories to the proper dates?
       12     A. With regards to the                          12     A. The proper dates?
       13 definition -- the definition being                  13     Q. Yes.
       14 materiality. That being the benchmark               14     A. Yes, you would definitely have
       15 under 8 or 6-K. That's my recollection,             15 to assign them to the proper dates.
       16 but I could be wrong.                               16     Q. All right. You see they also
       17     Q. Do you agree that it is                      17 state in this sentence "In any case, one
       18 reasonable to refine the search to only             18 would still have to be careful to remove
       19 focus on particular types of news stories,          19 any stories that exist because they report
       20 for example, earnings announcements, as             20 on a price movement"?
       21 discussed by Ferrillo, et al?                       21          Do you see that?
       22     A. Well, see, now here is where                 22     A. I do see that, yes.
       23 this paper that was written in 2004, where          23     Q. And do you agree with the
       24 people's opinions about things have                 24 authors of the Ferrillo, et al, paper that
       25 evolved. Like I said before, Dr. Tabak has          25 regardless of whether one includes all news
                                                   Page 223                                              Page 225
        1            WERNER                                    1            WERNER
        2 used the exact same analysis I have used in          2 articles or instead refines the search to
        3 this report in determining market                    3 only focus on particular types of news
        4 efficiency. So he is one of the co-authors           4 stories, one would still have to be careful
        5 of the report. He obviously doesn't think            5 to remove any stories that exist because
        6 that you have to do that exact type of               6 they report on a price movement?
        7 screening.                                           7     A. So here I defer to Dr. Tabak.
        8     Q. Sure. I didn't ask you whether                8 He doesn't -- he runs this test without
        9 anybody believed that you had to do that             9 removing information that has to deal with
       10 exact type of screening. My question is do          10 price movement. So evidently he doesn't
       11 you agree it is reasonable to refine the            11 currently agree with this statement that he
       12 search to only focus on particular types of         12 made 20 years ago, so I'm going to defer to
       13 news stories, for example, earnings                 13 him and disagree with that statement.
       14 announcements, as discussed by Ferrillo, et         14     Q. All right. So you disagree
       15 al?                                                 15 with the statement in the Ferrillo, et al,
       16     A. Oh, I don't know whether it is               16 paper that one has to be careful to remove
       17 reasonable or not. I think if you want to           17 any stories that exist because they report
       18 be as objective as possible, you should use         18 on a price movement; is that right?
       19 my methodology. There is some subjectivity          19     A. In order to be as objective as
       20 in that type of screening.                          20 possible, yes, that is correct.
       21     Q. All right. Do you see the                    21     Q. Okay. And have you discussed
       22 authors of the Ferrillo article continue            22 with Dr. Tabak why he no longer follows
       23 "In any case, one would still have to be            23 this methodology if indeed he does no
       24 careful to assign stories to the proper             24 longer follow it?
       25 dates, that is stories after a market               25     A. I have not discussed it with
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        1            WERNER                                  1             WERNER
        2 him.                                               2 stories that existed because they reported
        3     Q. All right. Have you seen                    3 on a price movement, right?
        4 anything in writing from Dr. Tabak where he        4     A. Well, you say -- what do you
        5 has explained why he no longer follows this        5 mean by "many"?
        6 aspect of the methodology set forth in the         6     Q. I mean a very high proportion
        7 Ferrillo, et al, article, if indeed he does        7 of the news articles about these nine
        8 no longer follow it?                               8 stocks in the week before the class period
        9     A. I have not.                                 9 begins at the end of January 2021 are news
       10     Q. Okay. So if I understand you               10 stories that exist because they report on a
       11 right, you are simply observing that you've       11 price movement, right?
       12 seen expert reports Dr. Tabak has submitted       12     A. I don't know if it is a high
       13 at some point since 2004 in which you             13 frequency. Did you use the term "high
       14 didn't notice him removing any stories that       14 frequency"?
       15 existed because they reported on a price          15     Q. High proportion.
       16 movement and you are inferring that               16     A. High proportion, right. Yeah,
       17 Dr. Tabak must have changed his mind about        17 as I sit here, I mean, certainly there were
       18 the need to do that; is that right?               18 discussions about price movements. I
       19     A. Among other things. I mean,                19 won't -- I don't disagree with that.
       20 look, your client, Robinhood, and I haven't       20 Whether or not it was a high proportion, I
       21 seen this personally, but they published I        21 don't know as I sit here today.
       22 think on the website, you know, they would        22     Q. Okay.
       23 show the ten biggest stock price movers           23     A. As you have defined a high
       24 every day, throughout the day, right? So          24 proportion, I don't know what you mean by a
       25 that is reporting on stock price movements.       25 high proportion.
                                                 Page 227                                             Page 229
        1             WERNER                                 1             WERNER
        2 I assume they put it up there because they         2     Q. Okay. So do you know anything
        3 think it is relevant to investors and that         3 about what proportion of the news stories
        4 investors possibly use that information.           4 in that week before the class period exist
        5          So I think that this is, going            5 because they report on a price movement?
        6 back to 2004, it is oversimplified. It is          6     A. I do not.
        7 not accounting for things like Chartis, who        7     Q. All right. That's not
        8 might possibly use stock price as an               8 something that you thought was important to
        9 indicator. I think momentum traders would          9 look into in connection with rendering your
       10 be an example. I think Professor Grenadier        10 opinion, right?
       11 worked or advised on a hedge fund that used       11     A. No. Look, so, you know, I'm
       12 momentum trading.                                 12 damned if I do, I'm damned if I don't.
       13          So I think it is overly                  13 What I initially did was I started to look
       14 simplistic, and, again, we are talking            14 through the information and then I started
       15 about a different period of time, to say          15 to ask the question, okay, well, is each
       16 that price is not informative.                    16 one of these news articles material? In
       17     Q. Am I right that in conducting              17 other words, is it something that an
       18 your news/no news test in your opening            18 investor might find informative? And in
       19 report in this case, you did not remove any       19 doing so, it became more and more apparent
       20 stories that exist because they report on a       20 that whatever decisions I made as to what
       21 price movement?                                   21 was material and what was not, which was
       22     A. That is correct.                           22 what was immaterial, was going to be
       23     Q. And in fact you are aware that             23 criticized.
       24 in that last week before the class period         24          So it has been this seven and a
       25 at the end of January 2021, there were many       25 half hours discussing Dr. Werner, how did
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        1            WERNER                                   1             WERNER
        2 you decide that this information is                 2          And, I mean, look, you have two
        3 material or that information is material?           3 experts who used what I would consider an
        4 What I decided then based on my initial             4 objective, I'm sorry, subjective criterion,
        5 review of documents is that look, I'm going         5 and they couldn't agree over a five or
        6 to use the most objective criterion                 6 six-day period which days, and this is
        7 possible, and so that is exactly what I did         7 their definition, had value relevant
        8 here.                                               8 information.
        9         So, you know, does it matter                9          So, look, if I go ahead and did
       10 that prices -- that there was a reporting          10 that, if I did that, and granted, I mean, I
       11 on prices? Look, again, people seem to             11 recreated, I used a super set of their
       12 find that information informative. There           12 information to show that those stocks
       13 are people who trade based on the stock            13 traded in an efficient market over that
       14 price. Again, Dr. Grenadier, or Professor          14 week, I'm going to be criticized for being
       15 Grenadier, was a consultant to a hedge fund        15 subjective. So I'm trying to be as
       16 that based some of its trading strategy on         16 objective and scientific as possible. That
       17 momentum trading. All right, what is               17 was how I arrived at that decision.
       18 momentum trading based on? Stock prices.           18     Q. And so am I understanding your
       19         So is it relevant to investors?            19 testimony right, I think you have now said
       20 It appears that some investors find it             20 twice that when you began work on this
       21 relevant. So rather than suss out,                 21 matter, you began on some process of trying
       22 Dr. Werner, you included this, but you             22 to subjectively sort through the articles,
       23 didn't include that, why is this relevant,         23 and then you abandoned that; is that right?
       24 why is that not relevant, I used the most          24     A. Did I abandon it?
       25 objective criterion I could use in looking         25     Q. Well, you didn't use that --
                                                  Page 231                                              Page 233
        1             WERNER                                  1            WERNER
        2 at nine separate companies across a year.           2 you didn't complete your work using that
        3     Q. All right. And this case, I                  3 approach and include it in your report, did
        4 think you testified earlier, is the first           4 you?
        5 case in which you have submitted a report           5    A. That is correct. I did a
        6 in which you used this inclusive method of          6 cost/benefit analysis of what would be the
        7 using every single Factiva hit, right?              7 most appropriate thing to do looking at
        8     A. That is true. But this is also               8 nine companies over a one-year period. I
        9 the first case where I have needed to look          9 determined based on how I wanted to deal
       10 at nine different companies in order to            10 with criticisms, in other words, did I want
       11 render an opinion.                                 11 to deal with people criticizing me for
       12     Q. All right. And did I                        12 being subjective or criticizing me for
       13 understand your answer two answers ago that        13 being too objective, I thought that it was
       14 what you initially did when you started            14 better to be too objective as opposed to
       15 your work on this case was to ask the              15 being too subjective.
       16 question of how you could weed out the             16    Q. All right. And this conscious
       17 articles that didn't contain material              17 decision you made to be too objective
       18 information?                                       18 rather than too subjective, that's a
       19     A. I don't know if I said that I               19 decision that you didn't make at the
       20 was trying to weed out. I was trying to            20 outset, you made it after having begun work
       21 determine what information would be                21 on trying to sort through the articles
       22 material, and it occurred to me that any           22 using value relevance criteria, right?
       23 decision I made was going to be criticized         23         MR. ROSEN: Objection,
       24 as being subjective. So I used the most            24    mischaracterizes his prior testimony.
       25 objective criterion I could use.                   25    A. I shouldn't say too -- if I
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        1             WERNER                                  1             WERNER
        2 said too objective, I misspoke.                     2     Q. Ferrillo, et al, then give an
        3          MR. ROSEN: He said criticized              3 example. They say "For example, if 7
        4     for being too objective.                        4 percent of the days with news have
        5     A. Right. I believe that is                     5 statistically significant price movements
        6 correct. I was worried about being                  6 and 4 percent of the days without news have
        7 criticized. Oh, if I had to be worried              7 statistically significant price movements,
        8 about criticism, I was going to err on the          8 then the analyst would test whether the
        9 side of being criticized for being too              9 difference between the 7 percent and the 4
       10 objective, which is how we ended up here           10 percent is statistically significant."
       11 right now, as opposed to too subjective.           11          That makes sense so far to you,
       12     Q. All right. So at some point                 12 right?
       13 you made a decision that you were going to         13     A. Yes.
       14 err on the side of being criticized for            14     Q. They then write "If it is, then
       15 being too objective rather than being              15 the evidence would show that on average the
       16 criticized for being too subjective, right?        16 defendant's stock price reacts to news
       17     A. That certainly was something                17 announcements."
       18 that informed my opinion, informed my              18          Do you agree that that's what
       19 opinion as to what I would do in this case.        19 the comparison of the news days to the no
       20     Q. Okay. And that was a decision               20 news days would show in their example?
       21 you made after you began work undertaking          21     A. I believe that that would be
       22 what you are describing as the more                22 the conclusion that the person writing this
       23 subjective process to sort through the news        23 statistical methodology would arrive at.
       24 articles, right?                                   24     Q. All right. And then do you see
       25     A. I believe that's a fair                     25 that Ferrillo, et al, continue in the same
                                                  Page 235                                              Page 237
        1             WERNER                                  1             WERNER
        2 characterization.                                   2 sentence beginning at the very bottom of
        3     Q. Okay. Now let's return to the                3 page 120 and going over to the top of page
        4 Ferrillo, et al, article that we have               4 121 by saying "If the difference is not
        5 marked as Deposition Exhibit 285 and we are         5 statistically significant, then there would
        6 still on page 120.                                  6 be no basis for saying that the defendant's
        7          Do you see the last paragraph              7 stock price is affected by news"?
        8 in this page begins with the sentence "The          8          And you agree with them that in
        9 final step involved comparing the                   9 comparing the news days with the no news
       10 percentage of days with news that have a           10 days, if the difference is not
       11 statistically significant price movement to        11 statistically significant then there would
       12 the percentage of days without news that           12 be no basis for saying that the defendant's
       13 have a statistically significant price             13 stock price is affected by news?
       14 movement"?                                         14     A. So here, I mean, I don't want
       15          Do you see that?                          15 to keep rehashing this, here I go back to
       16     A. I do.                                       16 my earnings example. And so to the extent
       17     Q. And you agree with that                     17 that we're looking at earnings
       18 statement of methodology?                          18 announcements and the firm continually
       19     A. I don't know if that's                      19 meets expectations, the fact that it
       20 technically the final step, but that's             20 consistently meets expectations and fails
       21 certainly something one would do.                  21 the news/no news test would not necessarily
       22     Q. Okay. And that's something you              22 mean that I don't have a basis for saying
       23 did in your news/no news test in your              23 that the defendant's stock price was
       24 opening report, right?                             24 affected by news. I could come to the
       25     A. Yes. I did do that.                         25 conclusion that the stock price is reacting
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        1             WERNER                                  1             WERNER
        2 in exactly the way one would expect it to           2 Hi-Crush, so Hi-Crush, I looked at
        3 react to news.                                      3 earnings, right? If all the earnings came
        4     Q. All right. So am I right,                    4 in as expected and there was no -- and it
        5 then, that you disagree with what Ferrillo,         5 failed the news/no news test based on
        6 et al, write about what they would conclude         6 earnings being the indicator, that might
        7 if the difference is not statistically              7 inform my opinion as to whether or not that
        8 significant?                                        8 stock traded in an efficient market. How
        9     A. I think that they are being                  9 it would affect my opinion? I don't know
       10 overly broad in what they have stated              10 as I sit here today, but it would certainly
       11 there.                                             11 inform my opinion.
       12     Q. Okay. Do you believe that                   12     Q. All right. So you agree that
       13 there are instances where, as Ferrillo, et         13 there are instances when the Ferrillo, et
       14 al, write in a comparison of the news days         14 al, conclusion would follow?
       15 with the non-news days, if the difference          15     A. Yes.
       16 is not statistically significant, then             16     Q. How did you go about reviewing
       17 there would be no basis for saying that the        17 the results of your Factiva search?
       18 defendant's stock price is affected by             18     A. What do you mean, how did I go
       19 news?                                              19 about reviewing --
       20     A. Again, I'm not going -- the                 20     Q. I'm just trying to understand
       21 answer I'm going to give is the same. The          21 in a very granular methodological basis,
       22 fact that -- in the example I have given,          22 were you looking a a computer monitor, were
       23 the fact that there was no difference              23 you looking at printouts, did somebody else
       24 between the news and no news days certainly        24 read you results over the phone? I'm just
       25 informed my opinion that the stock may have        25 trying to understand really granularly, how
                                                  Page 239                                             Page 241
        1            WERNER                                   1            WERNER
        2 traded in an efficient market. I mean,              2 did you receive and review the results of
        3 again, I would have to look at it on a              3 this Factiva test?
        4 case-by-case basis.                                 4     A. I would say printouts. They
        5     Q. So I don't understand that                   5 weren't literally printed out, right? I
        6 response. So what I believe you have said           6 didn't put them out on a printer. So if
        7 is that you can think of some instances,            7 you want to, I don't know, maybe it was a
        8 like your earnings release example, where           8 PDF, and I looked through the documents. I
        9 the earnings releases come in as expected,          9 definitely did not print them out.
       10 where you believe that the Ferrillo, et al,        10     Q. All right. So you didn't print
       11 conclusion in the event of no statistical          11 hundreds or thousands of pages?
       12 significant difference does not follow, and        12     A. No, I did not.
       13 I understand your response, and so what I'm        13     Q. All right. Am I right that the
       14 asking you as a follow-up question is can          14 PDF files, I will just use that term, I'm
       15 you also think of any instances where you          15 not implying it was necessarily that
       16 believe that the Ferrillo, et al,                  16 format, but are you saying the PDF file was
       17 conclusion does follow, or do you believe          17 the headlines and the first few words of
       18 that they are just flat wrong always?              18 the article or was it the entirety of every
       19     A. Of course what they are saying              19 article?
       20 is possibly correct. I'm just thinking of          20     A. In some cases it was just the
       21 specific examples where it may not be              21 headlines, in some cases it was the content
       22 correct, and it would still inform my              22 of the article. But, I mean, again, I have
       23 opinion with regards to market efficiency.         23 made a very specific explanation of what I
       24          So, I mean, I can't even                  24 did in this case, and I relied on the idea
       25 remember what we were talking about,               25 of content analysis to arrive at what I
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        1            WERNER                                     1             WERNER
        2 defined as news days.                                 2     A. As I sit here, I don't recall.
        3     Q. Okay. So why don't we look at                  3 There was no -- I don't recall.
        4 an example of this to see how this worked.            4     Q. You didn't do that in any
        5 So I'm going to mark now as Exhibit 286 a             5 systematic way; is that right?
        6 document that The Rosen Law Firm produced             6     A. I think that's accurate.
        7 to us as part of the backup to your work,             7     Q. Okay. So let's just look at an
        8 Dr. Werner.                                           8 example here. Let's turn to page 118.
        9          (Defendant's Exhibit 286 marked              9     A. Okay.
       10 for identification.)                                 10     Q. And do you see the second
       11     A. Okay. Let's not get these                     11 article there is "Batavia man charged with
       12 confused. Do you have a bigger binder                12 DUI after crashing into Con Ed pole"?
       13 clip?                                                13     A. I do.
       14          MR. ROSEN: Take this one.                   14     Q. And do you see that this is a
       15          THE WITNESS: Thank you.                     15 drunken driving report from the Kane County
       16     Q. And just for the record, this                 16 Chronicle?
       17 is a printout from Dow Jones, it says                17     A. I do.
       18 Factiva on the bottom, it relates to                 18     Q. Do you see that this appears to
       19 BlackBerry, there are 143 pages.                     19 be included because the drunk driver was in
       20     A. You know what, it occurs to me                20 Blackberry Township in Pennsylvania?
       21 since you are going to ask me about this, I          21     A. I do.
       22 should probably review the appendix in my            22     Q. Okay. And you would agree that
       23 initial report where I discuss exactly what          23 that's a false positive, the inclusion of
       24 I did in looking at these news articles.             24 this article in a set of articles about
       25     Q. That's a great idea. So that                  25 BlackBerry, the company, right?
                                                    Page 243                                             Page 245
        1            WERNER                                     1            WERNER
        2 was I think Exhibit A to your opening                 2     A. Yeah. Let me -- let me just
        3 report, Deposition Exhibit 281, and that is           3 look at BlackBerry's results here.
        4 found on, sorry, it was Exhibit B, so it              4         (Witness perusing document.)
        5 was found on pages 44 to 46.                          5     A. Okay.
        6     A. Okay. Do you mind if I just                    6     Q. All right. So my question --
        7 read this quickly?                                    7     A. I'm sorry, hold on -- hold on
        8     Q. No, please.                                    8 one more second.
        9          (Witness perusing document.)                 9         (Witness perusing document.)
       10     A. Okay, I'm done, thank you.                    10     A. Right, so this is outside the
       11     Q. Now we are looking at Exhibit                 11 range of my study, so this wasn't included
       12 286. Is this the format in which you                 12 in my study.
       13 reviewed the Factiva results?                        13     Q. So this article we have just
       14     A. To the extent I reviewed them,                14 been looking at --
       15 yes, and I also saw -- I believe I have              15     A. Oh, December 28th, 2020, sorry,
       16 seen some more -- some longer articles.              16 my bad, my mistake. Hold on.
       17 I'm pretty sure this is just the first               17     Q. Just so we have a clear record,
       18 paragraph or first couple of lines. There            18 the article that we have been talking about
       19 are certainly other -- other formats I've            19 on page 118 of Deposition Exhibit 286 is
       20 seen.                                                20 from December 28th, 2020, about one month
       21     Q. All right. So for what                        21 before the end of your one-year period,
       22 articles did you go and look at the entire           22 right?
       23 article as opposed to just looking at the            23     A. Correct.
       24 headline and the first few lines as shown            24     Q. And so my question about this
       25 here in Exhibit 286?                                 25 is do you agree with me that the inclusion
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        1             WERNER                                   1              WERNER
        2 of this article about drunken driving in             2 does.
        3 Blackberry Township is a false positive for          3          It is based on the theory, and,
        4 your set of articles about BlackBerry, the           4 again, let's look at what I have said about
        5 company?                                             5 content analysis here --
        6     A. I would agree. But to the                     6     Q. All right, I do think we are
        7 extent that -- so, first of all, that was            7 getting very far away from my question,
        8 not in the top 10 percent news days. To              8 sir, which is do you agree with me that
        9 the extent that that would be included, and          9 articles about the restaurant chain Panda
       10 I wouldn't expect that to move the stock            10 Express are not relevant to investment in
       11 price, it would -- it would lead me, if it          11 the company Express?
       12 was -- if it happened to be a news day, you         12     A. Right. You are right. I'm
       13 know, let's say there were 20 articles              13 taking it a step further and saying okay,
       14 about this drunk driving accident, that             14 let's say that there are false positives,
       15 would lead me to -- that would bias my              15 will this have any impact on our results?
       16 results towards a finding of -- a finding           16 You are right, I'm going beyond that.
       17 of nonefficiency.                                   17 Because based on my understanding, I would
       18     Q. Do you know whether there are                18 be shocked if any of these false positives
       19 articles included in your set about                 19 actually had an impact on my results.
       20 blackberries, the fruit, the edible fruit           20 Look, to me, that is --
       21 that is grown on bushes?                            21          MR. ROSEN: Let him finish. He
       22     A. I do not as I sit here today.                22     is not done.
       23     Q. And you would agree with me                  23          MR. RYAN: He is not done
       24 that articles about blackberries, the               24     answering something that has nothing to
       25 edible fruit that grow on bushes, are not           25     do with my question.
                                                   Page 247                                             Page 249
        1            WERNER                                    1            WERNER
        2 relevant to investment in BlackBerry, the            2         MR. ROSEN: But if he wants to
        3 company, right?                                      3    respond to your question, he is
        4     A. Yeah, in a vacuum, that is                    4    entitled to respond.
        5 correct.                                             5         MR. RYAN: Not in a way that
        6     Q. Are you aware that your set of                6    has nothing to do with my question,
        7 articles about the company Express include           7    Larry.
        8 articles about the restaurant chain Panda            8         MR. ROSEN: He can answer the
        9 Express?                                             9    question as he sees fit.
       10     A. It is certainly possible.                    10    A. Look, ultimately, I mean, you
       11     Q. All right. And you would agree               11 want to ask, does that -- I mean, okay, so
       12 with me that articles about the restaurant          12 there are these false positives. Does it
       13 chain Panda Express are not relevant to             13 have any impact on my results? And the
       14 investment in the company Express, right?           14 probability that it would have any impact
       15     A. Look, I mean, these questions                15 on my results is minuscule.
       16 are based on -- I mean, you are perfectly           16    Q. All right. Have you done any
       17 reasonable to ask these questions. The              17 study to determine how many false positives
       18 question is should that impact my results.          18 there are and whether they have an impact
       19 If by chance there happened to be 50 news           19 on your results?
       20 articles on BlackBerry the day where there          20    A. Well, okay, I have not. But I
       21 is a discussion of blackberry the fruit,            21 imagine that if they did have a significant
       22 that would then show up in the news days.           22 impact on my results, one of your two
       23 Does that mean that I think this article            23 experts would have done so. So based on
       24 about blackberries was informational? No.           24 the absence of any analysis that looks at
       25 But that's part of what this methodology            25 that, my guess is it doesn't have any
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        1            WERNER                                  1            WERNER
        2 impact on my results.                              2 There is Dylan McCabe. There is Rashi, I
        3     Q. Do you know whether there are               3 believe the last name is Agarwal, Miguel
        4 articles in your set about the rapper              4 Villanueva, Dan Bettencourt may have
        5 Princess Nokia?                                    5 tangentially worked on this, but I don't
        6     A. Who?                                        6 know, not in any significant way. I think
        7     Q. The rapper, Princess Nokia.                 7 off the top of my head, those would be the
        8     A. It is certainly possible.                   8 individuals.
        9 Again, there is absolutely no reason -- are        9     Q. Okay. So at least four or five
       10 you familiar with her music? I'm sorry, I         10 individuals from Crowninshield?
       11 know I'm not supposed to ask you questions.       11     A. Correct.
       12     Q. I gather you're not familiar               12     Q. How many hours did you work on
       13 with Princess Nokia?                              13 this engagement through submission of your
       14     A. I am not familiar with her                 14 rebuttal report?
       15 music. Again --                                   15     A. I have no idea.
       16     Q. Do you agree that articles                 16     Q. Do you have an approximation?
       17 about the rapper Princess Nokia are not           17     A. More than 150, less than 500.
       18 relevant to investment in Nokia, the              18     Q. Okay.
       19 company?                                          19     A. But, I mean, that's a guess.
       20     A. I agree, and yet I also agree              20 I'm not sure that that's -- I mean, I
       21 that the probability of that having any           21 would -- I would be very surprised if I
       22 impact on the results of my study are             22 worked under 150. I gave you an upper
       23 minuscule.                                        23 estimate that I would be surprised that I
       24          THE WITNESS: What time did we            24 worked more than, but it is possible.
       25 start or go back on?                              25     Q. Do you know how many hours the
                                                 Page 251                                             Page 253
        1           WERNER                                   1            WERNER
        2         MR. ROSEN: 2:29 I think.                   2 Crowninshield team worked on this?
        3         THE WITNESS: Can we take a                 3     A. I do not.
        4    break, a five-minute break? Is that             4     Q. But presumably several hundred
        5    okay?                                           5 hours?
        6         MR. RYAN: Do you want to do it             6     A. I think that is a pretty safe
        7    right now?                                      7 assumption.
        8         THE WITNESS: Yeah, yeah, yeah.             8     Q. Now, I have seen two
        9         THE VIDEOGRAPHER: This will                9 publications that you are a co-author of in
       10    end media unit five. We are going off          10 Law 360 with an individual named Narinder
       11    the record at 3:51.                            11 Walia; is that right?
       12         (Recess taken.)                           12     A. Correct, yes.
       13         THE VIDEOGRAPHER: We are back             13     Q. And is he affiliated with
       14    on the record at 4:02. This will begin         14 Crowninshield?
       15    media unit six.                                15     A. He was at the time those
       16 BY MR. RYAN:                                      16 articles were submitted. He is now, I'm
       17    Q. Were there individuals at                   17 trying to remember the name of the firm, I
       18 Crowninshield who worked with you,                18 think the firm -- he worked at a firm
       19 Dr. Werner, on your reports in this matter?       19 called StoneTurn, TurnStone.
       20    A. There were.                                 20     Q. I'm familiar with StoneTurn.
       21    Q. Who were they?                              21     A. Oh, you are. It is StoneTurn,
       22    A. And forgive me with regards to              22 okay.
       23 spelling, we may have to go to a website,         23     Q. Yes, I actually know an expert
       24 there is Alex Huang, that is with an              24 that works now at StoneTurn.
       25 H-u-a-n-g. There is Alex Zhang, Z-h-a-n-g.        25         All right. At the time you
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        1           WERNER                                  1            WERNER
        2 co-authored these articles about securities       2     A. I'm sorry, I don't see that
        3 damages with Mr. Walia, was he affiliated         3 particular -- is it on 22 or 23?
        4 with Crowninshield?                               4     Q. The first full sentence on 23.
        5     A. He was. I don't know if                    5     A. Okay, there we go.
        6 technically he was an employee or he was a        6     Q. And my question really is quite
        7 1099. What's the right term? 1099                 7 simple, which is what does the word
        8 employee, I don't know, consultant.               8 "collective" mean in that sentence?
        9     Q. Okay, sure. And have you                   9     A. A collection of information. I
       10 worked with Mr. Walia on a number of expert      10 mean, that's what a -- people always -- not
       11 reports?                                         11 always -- often refer to a news/no news
       12     A. Over the years, certainly. I              12 test as a collective test.
       13 mean, we worked together at CRA.                 13     Q. I see. You are not saying that
       14     Q. Oh, I see.                                14 you studied the nine stocks in a collective
       15     A. If you mean my expert reports,            15 way?
       16 we have certainly worked on some together.       16     A. I don't know the answer.
       17     Q. All right. And did he work at             17 That's not anything I thought about. I
       18 all with you on this engagement for the          18 don't know the answer to that.
       19 Robinhood matter?                                19     Q. You ran separate regression
       20     A. He did not.                               20 analyses for the nine stocks, right?
       21     Q. Okay. And do you consider                 21     A. That is correct.
       22 Mr. Walia to be a capable financial              22     Q. Okay. Now, there is a citation
       23 economist?                                       23 here in paragraph 52, I'm looking at Note
       24     A. He is a capable financial                 24 64.
       25 economist, yes.                                  25     A. Okay, hold on. I shouldn't
                                                Page 255                                               Page 257
        1            WERNER                                 1            WERNER
        2     Q. Okay. Now, back in your                    2 have shut it. I apologize. Note 64, yes.
        3 opening report, this was Exhibit 281.             3     Q. There is a citation to an
        4     A. I'm sorry, I shouldn't                     4 article by Eugene Fama. Do you see that?
        5 anticipate questions. I'm pretty sure I           5     A. I do.
        6 know where you were going with that. Okay,        6     Q. And is Professor Fama
        7 281?                                              7 considered to be a foremost authority on
        8     Q. Yes, sir.                                  8 the efficient market theory?
        9     A. Why don't you just tell me                 9     A. I believe he has -- he won a
       10 which one that is.                               10 Nobel Prize. He is certainly knowledgeable
       11     Q. It is your original report.               11 about it.
       12         MR. ROSEN: What page of it?              12     Q. All right. He won a Nobel
       13         MR. RYAN: Page 23.                       13 Prize in large part for his work --
       14     Q. I'm at the top of the page,               14     A. Is that correct?
       15 which is the carryover of paragraph 52.          15     Q. That is my understanding. He
       16     A. Page 23?                                  16 won a Nobel Prize in large part for his
       17     Q. Yes, sir.                                 17 work on the efficient market theory, right?
       18     A. Okay, all right, yup.                     18     A. Right, as an academic, but
       19     Q. And do you see there, there is            19 yeah.
       20 a sentence that reads "To demonstrate this       20     Q. Sure. Now, let me ask you to
       21 cause and effect relationship, I conducted       21 turn to paragraph 96 of your rebuttal
       22 collective event study tests investigating       22 report.
       23 whether the market for each of the nine          23     A. All right.
       24 Affected Companies' common stock was             24     Q. So this is what we marked as
       25 efficient"?                                      25 Deposition Exhibit 282, and we are on page
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        1             WERNER                                  1             WERNER
        2 41.                                                 2 right now. So this is paragraph 149 of his
        3     A. Page 41, okay, I'm there.                    3 initial report or his rebuttal? It must be
        4     Q. All right. Do you see you have               4 his initial report, right?
        5 a discussion here in your paragraph 96 that         5     Q. It was his initial report. But
        6 Dr. Grenadier, in your words, presents a            6 that wasn't important enough to you, having
        7 contradictory opinion in Section 7 of his           7 read his testimony that you misquoted him,
        8 report?                                             8 you just didn't bother to look it up to see
        9     A. Yes, I do.                                   9 whether he was right; is that right?
       10     Q. And then you have a quotation               10     A. Let's just see what he said.
       11 in the middle of the paragraph where you           11     Q. Well, I'm asking you a
       12 write "Dr. Grenadier writes 'I see no              12 different question first. Am I right that
       13 reasons why a restriction on a subset of           13 you read --
       14 retail investors that account for a                14          MR. ROSEN: You asked him two
       15 fraction of the overall market would have          15     questions. You asked him one question.
       16 artificially distorted the stock price             16     He was about to give you an answer to
       17 throughout the proposed class period.'"            17     the first question and then you asked
       18          Do you see that?                          18     him a second question before he could
       19     A. I do.                                       19     answer. So let him answer the first
       20     Q. And you read Dr. Grenadier's                20     question and then go to the second
       21 deposition, right?                                 21     question.
       22     A. I did.                                      22     Q. Here is the question that is on
       23     Q. All right. And you saw that he              23 the record: It wasn't important enough to
       24 explained that you had misquoted him, that         24 you that after you read his testimony that
       25 the sentence in his report, that you left          25 you had misquoted him, that you took the
                                                  Page 259                                              Page 261
        1            WERNER                                   1            WERNER
        2 out a material portion of the sentence in           2 time to look it up to see whether he was
        3 his report, do you remember that?                   3 right, I'm right about that, aren't I?
        4    A. I remember him saying that I                  4     A. I did not look it up, that is
        5 misquoted him, but I don't remember -- I'm          5 correct. I'm looking at it now.
        6 happy to look at his deposition to know             6     Q. So you are now looking at
        7 exactly what he said.                               7 paragraph 96 of Dr. --
        8    Q. Okay.                                         8     A. Oh, 96? I'm sorry, I'm looking
        9    A. I mean, other than the fact                   9 at the wrong thing.
       10 that -- I mean, I don't know why he thought        10     Q. I misspoke, paragraph 149, I
       11 that I misquoted him. Like I don't                 11 apologize. And you see the first full
       12 remember any of that.                              12 sentence on page 76 of Dr. Grenadier's
       13    Q. All right. So after you read                 13 opening report reads "Conversely, if the
       14 Dr. Grenadier's testimony that you had             14 markets for the at-issue stocks were
       15 misquoted him, what did you do to see              15 efficient, contrary to the evidence I have
       16 whether you had in fact misquoted him?             16 discussed in Section 6, I see no reason why
       17    A. Nothing.                                     17 restrictions on a subset of retail
       18    Q. Nothing at all?                              18 investors that account for a fraction of
       19    A. Correct.                                     19 the overall market would have artificially
       20    Q. Okay. So you don't dispute                   20 distorted the stock price throughout the
       21 that you in fact left out a material               21 proposed class period"?
       22 portion of the sentence in paragraph 149 of        22     A. I do see that.
       23 Dr. Grenadier's report, because you                23     Q. And you didn't quote the
       24 apparently haven't checked, right?                 24 portion of the sentence that reads
       25    A. Well, I mean, I can look at it               25 "Conversely, if the market for the at-issue
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        1            WERNER                                     1            WERNER
        2 stocks were efficient, contrary to the                2     A. Well, I'm sorry, then I don't
        3 evidence I have discussed in Section 6,"              3 understand what you mean by an empirical
        4 right?                                                4 question. I mean, if, you know, I said you
        5    A. That is true.                                   5 could study my intake of Coke Zero, I don't
        6    Q. And you agree that that removes                 6 think of that as an empirical question.
        7 the supposed contradiction that you                   7     Q. I do. We could measure it. We
        8 discussed in paragraph 96 of your report,             8 could track it. We could say two cans
        9 that is the only reason you thought that he           9 today, three cans tomorrow, right, that
       10 presented a contradictory opinion is you             10 would be five cans over two days, we could
       11 are leaving out a material portion of his            11 do that, couldn't we?
       12 sentence, right?                                     12     A. Okay, maybe you and I have
       13    A. That is incorrect.                             13 different understanding or definitions of
       14    Q. Okay. Do you agree that a                      14 what empirical is. To me, that's
       15 bubble typically will not last forever?              15 observational.
       16    A. In what context?                               16     Q. Fine, observational. As an
       17    Q. Financial markets.                             17 observational matter, do you believe that
       18          MR. ROSEN: I thought you were               18 from time to time there are bubbles in
       19    talking about like blowing bubbles.               19 financial markets?
       20          MR. RYAN: I'm not talking                   20     A. It is certainly possible.
       21    about blowing bubbles.                            21     Q. That's not my question, sir.
       22    Q. Do you agree with the statement                22 Do you believe that in fact, in the real
       23 that a bubble typically will not last                23 world, as an observational matter from time
       24 forever?                                             24 to time there are bubbles in the financial
       25    A. I think that is generally true,                25 markets?
                                                    Page 263                                              Page 265
        1            WERNER                                     1            WERNER
        2 to the extent that there are bubbles.                 2     A. Okay. Can you show me -- can
        3     Q. And there are from time to time                3 you show me exactly what you mean by
        4 bubbles in financial markets, right?                  4 bubble? I don't believe that I have used
        5     A. I'm certainly familiar with the                5 it in any of my writings here, so if you
        6 fact that people have talked about bubbles.           6 would like to point me to a definition, I
        7 I don't know if there are periods of time             7 will give you a clear answer.
        8 that officially have been defined as                  8     Q. Do you have an understanding of
        9 bubbles. Certainly people have discussed              9 what the term "bubble" means?
       10 it.                                                  10     A. I have a notion, but I don't
       11     Q. All right. Well, do you                       11 know what your definition of a bubble is,
       12 believe that there are bubbles from time to          12 since we are arguing about empiricism.
       13 time in financial markets?                           13     Q. So how would you define the
       14     A. Is it possible? It is                         14 term "bubble"?
       15 certainly possible.                                  15     A. In a stock market, I don't
       16     Q. I guess I'm asking an empirical               16 know. I mean, I would turn to Brealey and
       17 question. As a financial economist as you            17 Myers or I would turn to Shleifer and quote
       18 sit here today, do you believe that from             18 him, or quote Brealey and Myers. It is not
       19 time to time there are bubbles in financial          19 something I think about, like oh, the
       20 markets?                                             20 definition of a bubble is X.
       21     A. Why is that an empirical                      21     Q. All right. So you agree that
       22 question?                                            22 Brealey and Myers, I guess it is now
       23     Q. It is something that one could                23 Brealey, Myers and Allen are a leading
       24 study. That's what I mean by an empirical            24 authority on corporate finance, right?
       25 question.                                            25     A. Well, no.
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        1            WERNER                                    1             WERNER
        2    Q. Really?                                        2     Q. Do you believe that
        3    A. I believe that they write a                    3 observationally they occasionally take
        4 textbook that is frequently used.                    4 place?
        5    Q. Okay.                                          5     A. Well, I believe that some
        6    A. But I don't know if they                       6 people believe, I mean, you have mentioned
        7 discuss -- I mean, I used that as an                 7 Mr. Allen -- oh, no, I'm sorry, not
        8 example. I don't know if they discussed              8 Mr. Allen. I mean, so this is really where
        9 bubbles in their textbook.                           9 I got confused, right? So if I look at
       10    Q. All right. And you agree that                 10 Mr. Fischel's initial report, he talks
       11 Andre Shleifer is a leading authority on            11 about a short squeeze as in that's exactly
       12 corporate finance, right?                           12 what happened, and then I read his
       13    A. I believe that's accurate.                    13 deposition, and he said I never said that.
       14    Q. Okay. So to go back to my                     14 So I guess let's go to Mr. Fischel's
       15 question about bubbles, if I'm                      15 report.
       16 understanding you right, you are unable to          16     Q. This is very far afield from my
       17 give me with any precision a definition of          17 question, sir.
       18 what you believe a bubble in financial              18     A. Well, I'm trying to give you --
       19 markets is, right?                                  19     Q. My question is not about
       20    A. Yeah. Again, I have a vague                   20 Mr. Fischel.
       21 notion, and, you know, if someone asked me          21     A. Well, right, but I'm trying to
       22 to define a bubble I would go to, off               22 make sure that I have an accurate
       23 the -- I would refer them to Shleifer or            23 description of what a short squeeze is, so
       24 someone else and then I would say oh, okay,         24 I can tell you when one has occurred.
       25 well then specifically Shleifer means this          25     Q. I'm using your definition. You
                                                   Page 267                                             Page 269
        1            WERNER                                    1            WERNER
        2 is a bubble, this is what he is discussing.          2 gave me a definition. I'm happy to take
        3     Q. Okay. Do you know what a short                3 it. So now do you believe that, using your
        4 squeeze is?                                          4 definition, that from time to time short
        5     A. I do know what a short squeeze                5 squeezes take place in the financial
        6 is.                                                  6 markets?
        7     Q. What is a short squeeze?                      7     A. And I said it is possible.
        8     A. Oh, wait, I'm sorry, do I know                8     Q. And so observationally do they
        9 what a short squeeze is? I don't know --             9 in fact happen, perhaps rarely, but
       10 you know, that's actually a very vague              10 sometimes, do they happen, ever?
       11 term, and so it is at least the concept, I          11     A. Well, I guess by saying it is
       12 don't know if it is an actuality, where             12 possible, it is possible they have
       13 people short a stock, as a response to the          13 occurred.
       14 stock price going up they are squeezed out          14     Q. Okay. Do you have any
       15 of their positions. Now, again, that is             15 understanding as you sit here today as to
       16 not a formal definition of a short squeeze.         16 whether they in fact have occurred let's
       17 Yeah, that's not a formal definition of a           17 say in the last hundred years in financial
       18 short squeeze. But it gets at the -- kind           18 markets?
       19 of the idea.                                        19     A. Again, I haven't memorized when
       20     Q. All right. So using that                     20 they occurred, but I'm happy to look at
       21 definition of a short squeeze, do you agree         21 people like Mr. Fischel who said the short
       22 that from time to time short squeezes take          22 squeeze happened here, and I'm sure he has
       23 place in financial markets?                         23 cites to examples of short squeezes. I'm
       24     A. Oh, is it possible? It is                    24 more than happy to discuss them with you.
       25 certainly possible.                                 25     Q. All right. Without looking at
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        2 Mr. Fischel's report, you are unable to            2 So I'm not quite sure, is it possible? I
        3 tell me whether you believe short squeezes         3 don't -- I don't know as I sit here today.
        4 in fact occur in the financial markets; is         4          Again, I mean, I quibble with
        5 that right?                                        5 what you define as a bubble. So you want
        6     A. I'm not sure that's what I                  6 to give me an example of a bubble, I will
        7 said.                                              7 be happy to look at it and then tell you
        8     Q. Well, I think the record will               8 whether or not it is possible that a stock
        9 reflect that you haven't answered that             9 is trading in an efficient market during a
       10 question.                                         10 period which you've defined as a bubble.
       11          Do you agree that short                  11     Q. All right. So I take it, then,
       12 squeezes, when they do occur, are typically       12 that you have no opinion as to whether the
       13 short-lived?                                      13 market for a security is efficient when a
       14     A. Define short-lived.                        14 bubble is taking place?
       15     Q. A relatively short duration.               15     A. I defer to my last answer.
       16     A. Okay. Could you be more                    16     Q. Okay. Do you have an opinion
       17 specific? And I only ask because, you             17 as to whether the market for a security is
       18 know, in economics, oftentimes when we talk       18 efficient when a short squeeze is taking
       19 about short term, you could be talking            19 place?
       20 about a year, right? If I talk about              20     A. To the extent a short squeeze
       21 short-term macroeconomic events, I could be       21 is taking place, well, since -- my
       22 talking about one or two years. So if you         22 understanding now is that no one believes a
       23 want to give me a specific description of         23 short squeeze took place, even though this
       24 what you consider to be short-lived or a          24 is called short squeeze litigation. I
       25 definition of short, I'm happy to do it.          25 don't know that that's anything that I have
                                                 Page 271                                              Page 273
        1            WERNER                                  1            WERNER
        2     Q. Fine. Do you agree that short               2 thought about.
        3 squeezes, when they do occur, typically            3         If you want to point me to a
        4 last only a matter of days?                        4 period in time where people uniformly agree
        5     A. Do I agree? So, again, why not              5 that a short squeeze occurred, I'm happy to
        6 just let me look at Mr. Fischel's report?          6 look at that and then render an opinion or
        7 Because I'm pretty sure that's what he             7 render you my opinion of what I think about
        8 said. If you want me -- I believe --               8 whether or not the stock at issue could be
        9 evidently that's what he believes. I               9 efficient.
       10 haven't done a comprehensive study on short       10     Q. So I was asking you a question
       11 squeezes. Off the top of my head, I don't         11 that wasn't tethered to the facts of this
       12 know how long they do or do not last.             12 case. It was a general question about
       13     Q. I see, okay. Is there any way              13 financial economics. My question is do you
       14 of knowing when a bubble in the financial         14 have an opinion as to whether the market
       15 markets will burst?                               15 for a security is efficient while a short
       16     A. To the extent that there are               16 squeeze is taking place?
       17 bubbles, is there a way of knowing when           17     A. Well, again, so you are
       18 they will end? That's not anything I have         18 assuming a short squeeze has taken place.
       19 ever thought about.                               19 So show me an example where a short
       20     Q. Okay. Do you have an opinion               20 squeeze, people have agreed that a short --
       21 as to whether the market for a security is        21 excuse me, sorry, too many Diet Cokes or
       22 efficient when a bubble is taking place?          22 Coke Zeros -- where a short squeeze has
       23     A. So you are asking a yes or no              23 taken place and I will be happy to give you
       24 question, so that's a binary question.            24 the best answer I possibly can.
       25 There are different degrees of efficiency.        25     Q. All right. But you have got no
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        1             WERNER                                   1            WERNER
        2 opinion as a general matter on that                  2 opinion about the efficiency of the market
        3 question on the efficiency of financial              3 for that security while the short squeeze
        4 markets for a security while a short                 4 is taking place?
        5 squeeze is taking place?                             5     A. So that's an incomplete
        6     A. Well, so when you say a short                 6 hypothetical. I would need much more
        7 squeeze is taking place, define exactly              7 information to answer that.
        8 what you mean by it is taking place.                 8     Q. All right. So you are not able
        9     Q. I was using your definition of                9 to answer that either yes or no?
       10 a short squeeze from before.                        10     A. Again, if you want to show me
       11     A. Right, and I gave you a very                 11 where economists say -- why make it a
       12 broad, a lay -- not a layman's                      12 hypothetical? Show me some actual evidence
       13 understanding -- but a broad definition of          13 where people say a short squeeze occurred,
       14 what a short squeeze could be. So if there          14 and we can look at it. Where you people
       15 is something -- look, I mean, throughout            15 universally agree that a short squeeze
       16 all of this work, right, people disagree            16 occurred, 90 percent of the 100 people who
       17 about what a short squeeze is.                      17 looked at it believe a short squeeze
       18          So some people think a short               18 occurred, yeah, I will take a look at it.
       19 squeeze has occurred. Your two experts,             19     Q. As I'm sure you know, it is
       20 despite what they have suggested, or at             20 common to ask experts, whether in financial
       21 least written in one of their original              21 economics or something else, hypothetical
       22 reports, now say that a short squeeze did           22 questions to see what expertise they have
       23 not occur, at least that's my understanding         23 and whether they actually have expertise in
       24 based on my reading of their depositions.           24 this area. So I take it you, though, have
       25          So to the extent that you want             25 no expertise in short squeezes, right?
                                                   Page 275                                              Page 277
        1            WERNER                                    1             WERNER
        2 me to look at an exact period of time where          2     A. My opinion is you have asked an
        3 people agree, people, economists, agree              3 incomplete hypothetical question.
        4 that a short -- a short squeeze occurred,            4     Q. Okay. Have you ever calculated
        5 right, not people talking about a short              5 damages in a securities class action?
        6 squeeze, a short squeeze occurred, I will            6     A. Per-share damages or aggregate
        7 take a look at it and let you know if I              7 damages?
        8 think that affects the efficiency of the             8     Q. Per-share damages.
        9 stock at issue.                                      9     A. I have.
       10      Q. So my question is assume with               10     Q. And have you typically used a
       11 me that all economists agree that in a              11 regression analysis as part of your damages
       12 particular case a short squeeze is taking           12 calculation?
       13 place. Do you have an opinion about the             13     A. Typically, yes.
       14 efficiency of the market for that security          14     Q. Have you ever calculated
       15 while the short squeeze is taking place?            15 per-share damages in a securities case
       16      A. So in your hypothetical                     16 where the market was inefficient during the
       17 example, all economists believe that a              17 class period?
       18 short squeeze can occur?                            18     A. Not to my knowledge as I sit
       19      Q. No, is occurring.                           19 here today.
       20      A. Oh, so, again, let me restate               20     Q. All right. Are you aware of
       21 it, in your hypothetical, the assumption is         21 any case where someone has done that?
       22 that all economists believe that a short            22     A. I'm not, but that doesn't mean
       23 squeeze is occurring?                               23 it hasn't happened. Again, I mean, it is a
       24      Q. Correct. And my question is do              24 question of how you define efficiency.
       25 you, in that hypothetical, do you have an           25          I mean, obviously I have been
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        2 spending a lot of time reading about                2 seen that. So I don't -- I don't know.
        3 Halliburton II and what people think about          3     Q. Okay. Have you given any
        4 efficiency. So that certainly informs my            4 thought before this deposition to the
        5 opinion now.                                        5 question of whether one can have a
        6         So I don't know exactly what                6 reasonably certain proof of damages in a
        7 you are referring to. Is it possible that           7 securities class action where the security
        8 you could measure damages for a stock that          8 trades in an inefficient market during the
        9 trades in an inefficient market? I                  9 class period?
       10 believe, one, I believe you could do it,           10     A. Again, what do you mean by
       11 and, two, I believe that -- well, first of         11 reasonable certainty?
       12 all, when you say efficient, you are               12     Q. Are you familiar with the
       13 talking informationally efficient or               13 concept that damages in the law need to be
       14 value -- value relevant efficient? Are we          14 proved to a reasonable certainty?
       15 talking about, let's say, Dr. Fischel --           15     A. Oh, is there a law you want me
       16 Dr. Fischel, sorry -- Mr. Fischel's example        16 to look at or a specific cite that you want
       17 of arbitrage efficiency?                           17 me to look at?
       18     Q. I take it you are unaware of                18     Q. Are you familiar with the legal
       19 any case where someone has calculated              19 concept that in calculating damages,
       20 damages in a securities class action for a         20 damages should be proved, should be
       21 stock that traded in an inefficient market         21 calculated, to a reasonable certainty? Is
       22 during the class period, right?                    22 that a principle that you are familiar
       23     A. I have no knowledge one way or              23 with?
       24 the other about that.                              24     A. I don't believe -- I don't
       25     Q. Okay. Is it your understanding              25 believe that's anything I have ever read or
                                                  Page 279                                               Page 281
        1             WERNER                                  1            WERNER
        2 that in a securities class action the               2 seen.
        3 question of whether a stock trades in an            3     Q. I see, okay. So since you are
        4 efficient market goes to the issue of               4 unfamiliar with that term, I will remove
        5 reliance?                                           5 those words from my question.
        6     A. Well, it kind of sounds like a               6         So is it your understanding
        7 legal conclusion.                                   7 that whether a stock trades in an efficient
        8     Q. I agree. So I'm asking you                   8 market goes not just to the issue of
        9 whether that's your understanding. That's           9 reliance, but also to whether one can prove
       10 why I did not ask you whether it was your          10 damages?
       11 opinion.                                           11     A. So one can prove damages? It's
       12          Is it your understanding that             12 possible.
       13 in a securities class action the question          13     Q. Okay. You don't have a view on
       14 of whether a stock trades in an efficient          14 that one way or the other?
       15 market goes to the issue of reliance?              15     A. I haven't been asked to render
       16     A. That's my general                           16 an opinion about that here.
       17 understanding, as a layperson.                     17     Q. Okay. So let me ask you, in
       18     Q. Is it also your understanding               18 your opening report, if we go toward the
       19 that the question of whether a stock trades        19 back -- sorry, I think it was the rebuttal
       20 in an efficient market goes to whether one         20 report. Bear with me one moment.
       21 can have a reasonably certain proof of             21         All right. So I'm in your
       22 damages?                                           22 rebuttal report which we marked as
       23     A. Reasonably certain proof of                 23 Deposition Exhibit 282.
       24 damages? That sounds like you are reading          24     A. Okay, hold on one second.
       25 from something. I don't recall having ever         25 Okay, sorry, go ahead.
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        1            WERNER                                    1            WERNER
        2     Q. I'm on page 51 and I'm looking                2 deviate from using market prices to
        3 at paragraph 115. So do you see that the             3 establish the appropriate but-for price
        4 first sentence of that paragraph reads               4 absent the alleged market manipulation?
        5 "Because these markets were efficient                5     A. Is it possible? It is
        6 during the immediate pre-class period,               6 certainly possible.
        7 there is no need to deviate from using               7     Q. And I take it that's not
        8 market prices to establish the appropriate           8 something you have looked into because you
        9 but-for price absent the alleged market              9 concluded the other way, that these markets
       10 manipulation"?                                      10 were efficient during the immediate
       11     A. I do see that.                               11 pre-class period, right?
       12     Q. And you hold that view in terms              12     A. I don't think that that was
       13 of calculating class-wide damages in this           13 necessarily my thought process. Again, I
       14 case, right?                                        14 gave -- this is -- this is not absurd, but,
       15     A. Under my understanding of                    15 you know, I say in my report for example,
       16 Affiliated Ute, but I have given you two            16 this is one way you could measure damages.
       17 additional damage -- possible damage                17 It doesn't necessarily then mean that all
       18 analyses that would be done that I don't            18 my damage theories are based solely on a
       19 necessarily think -- well, I don't know.            19 market price.
       20          Okay, so yeah, again, I think I            20     Q. All right. So I'm asking you
       21 refer back to Affiliated Ute with regards           21 about the first sentence in paragraph 115
       22 to that particular sentence. I think that           22 of your rebuttal report, sir. And am I
       23 the other -- the two additional damage              23 right that the first clause of this
       24 analyses I look at don't necessarily use            24 sentence is linked causally, because of the
       25 market prices as the but-for price. It may          25 word "because," to the second clause,
                                                   Page 283                                              Page 285
        1            WERNER                                    1            WERNER
        2 influence or bear upon the but-for price,            2 right?
        3 but I don't think that it's the exact same           3     A. That is correct.
        4 thing.                                               4     Q. And so if we remove the
        5     Q. You understand that Affiliated                5 premise, the first clause, that is if we,
        6 Ute is a case that does not depend on a              6 hypothetically now, since I understand it
        7 showing of market efficiency, right?                 7 is not your opinion, if we remove the
        8     A. That is correct.                              8 premise that markets were efficient during
        9     Q. So your first sentence in                     9 the immediate pre-class period, do you
       10 paragraph 115 says "Because these markets           10 agree with me that it no longer necessarily
       11 were efficient during the immediate                 11 follows that there was no need to deviate
       12 pre-class period, there is no need to               12 from using market prices to establish the
       13 deviate from using market prices to                 13 appropriate but-for price absent the
       14 establish the appropriate but-for price             14 alleged market manipulation?
       15 absent the alleged market manipulation,"            15     A. So that is an extremely long
       16 right?                                              16 question. I believe in there somewhere you
       17     A. Okay, I mean, yes, that's what               17 said something -- there wasn't a discussion
       18 I said. But I don't know how that's                 18 of assumptions, but there was certainly
       19 inconsistent with my statement that there           19 some qualifications that you made in that
       20 are two additional analyses that one could          20 statement. Without rehearing those
       21 do.                                                 21 qualifications, I can't answer that
       22     Q. Do you agree with me that if,                22 question.
       23 contrary to your opinion, these markets             23     Q. Okay. Why don't we read it
       24 were inefficient during the immediate               24 back.
       25 pre-class period, there may be a need to            25     A. Can you read it slowly, please?
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        2 I can write it down.                                2 make adjustments to that. So this is just
        3          (The record was read.)                     3 an example of what one could do.
        4     A. I'm sorry, I don't know how to               4     Q. So I agree one would need to
        5 answer that question. Do you want to break          5 make adjustments for E*Trade and so forth.
        6 it into like small chunks so we can walk            6 But I'm just looking at what you wrote.
        7 through it?                                         7 You wrote "Because these markets were
        8     Q. Sure.                                        8 efficient during the immediate pre-class
        9     A. There seems like there was a                 9 period," it followed for you logically that
       10 lot of qualifying statements in there that         10 there was no need to deviate from using
       11 I need to kind of sequentially go through          11 market prices to establish the appropriate
       12 to accurately answer your question.                12 but-for price absent the alleged market
       13     Q. I will do this in little bites.             13 manipulation, right?
       14     A. Okay, thank you.                            14     A. I don't think -- see, you are
       15     Q. So I'm looking now at the first             15 making a causal connection between those
       16 sentence of paragraph 115.                         16 two statements and I'm not sure that that
       17     A. Hold on while I go back. So we              17 was my intention.
       18 are in my rebuttal report, right?                  18     Q. I see. So you used the word
       19     Q. Yes, page 51 of your rebuttal               19 "because," but you can't say whether you
       20 report, Deposition Exhibit 282.                    20 believed there was a causal relationship
       21     A. Oh, paragraph 115, not page                 21 between the two clauses of the sentence?
       22 115, right?                                        22     A. Well, I'm saying that this is
       23     Q. Yes.                                        23 an example, one example of how one might
       24     A. Hold on, hold on, almost there.             24 calculate damages. Now, I referred you to
       25 Okay.                                              25 at least two other methodologies.
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        1            WERNER                                   1            WERNER
        2     Q. All right. It is your opinion                2     Q. I'm asking you about this
        3 that the markets for some of the affected           3 sentence though, sir. So let me ask you
        4 stocks were efficient during the immediate          4 this hypothetical --
        5 pre-class period, right?                            5     A. So I have answered the question
        6     A. It is -- oh, is it my opinion                6 to the best of my ability.
        7 that the market for some of these stocks            7     Q. I'm going to make one more
        8 was efficient during the pre-class period?          8 attempt.
        9     Q. Yes.                                         9     A. Sure.
       10     A. Yes.                                        10     Q. Which is this attempt: So do
       11     Q. All right. And what you are                 11 you have the hypothetical in mind that you
       12 writing here in the first sentence of              12 found that the markets were inefficient for
       13 paragraph 115 is because that is your              13 each of the nine stocks during the
       14 opinion it follows, you believe, that there        14 immediate pre-class period?
       15 is no need to deviate from using market            15     A. Okay, so in your hypothetical,
       16 prices to establish the appropriate but-for        16 I find that the stock price is inefficient
       17 price absent the alleged market                    17 as defined by what?
       18 manipulation, right?                               18     Q. As defined by you. You used
       19     A. So I see what you are saying.               19 the word "efficient" and "inefficient"
       20 I'm not sure I completely agree with it.           20 throughout your entire report. So as you
       21 Because, I mean, you would have to make            21 used those terms, I'm asking you to assume
       22 adjustment for mitigating factors. I mean,         22 the hypothetical that you find that the
       23 I don't want to attribute damages to               23 markets were inefficient during the
       24 actions by E*Trade. Again, I mean, I could         24 immediate pre-class period, okay?
       25 be put in a situation where I may have to          25     A. Okay. So I'm just trying to
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        2 understand your hypothetical, and let's be           2 damage methodology that could be used in
        3 clear, it is a hypothetical. So you want             3 calculating damages.
        4 me to assume the stocks trade in an                  4     Q. All right. So I just want to
        5 inefficient market or that I cannot prove            5 make sure, of these three damages
        6 that these stocks trade in an efficient              6 methodologies that you have talked about,
        7 market? Which one are we talking about               7 one, namely this demand-based model, is
        8 here?                                                8 found nowhere in either your opening or
        9     Q. The first.                                    9 rebuttal report, right?
       10     A. So I'm supposed to assume that               10     A. That is correct.
       11 the stock trades in an inefficient market?          11     Q. Do you agree that in the week
       12     Q. During the immediate pre-class               12 leading up to the class period, the price
       13 period.                                             13 of the affected stocks increased
       14     A. All right, we are on the same                14 substantially?
       15 page.                                               15     A. Well, I don't want to quibble
       16     Q. With that hypothetical in mind,              16 with you with regards to the definition of
       17 do you agree that it no longer necessarily          17 "substantially," but yes, they certainly
       18 follows that there is no need to deviate            18 increased.
       19 from using market prices to establish the           19     Q. Do you recall that Professor
       20 appropriate but-for price absent the                20 Grenadier described an analysis he ran
       21 alleged market manipulation?                        21 where he put together a million different
       22     A. Right. So no longer                          22 portfolios composed of randomly chosen
       23 necessarily follows, this is where I was            23 stocks to see how those portfolios
       24 getting stuck, I don't have an opinion one          24 performed?
       25 way or the other.                                   25     A. I do recall that, yes.
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        1              WERNER                                  1            WERNER
        2     Q. Okay. That's not something you                2    Q. And do you recall that these
        3 have thought about?                                  3 stocks in the week we are talking about
        4     A. Well, you have used specific                  4 before the class period had a higher return
        5 wording in your hypothetical example, "no            5 than any of these million different
        6 longer applies," that is open to                     6 portfolios that he created?
        7 interpretation. So to the extent that your           7    A. Well, right, that is certainly
        8 hypothetical at least to me appears to be            8 the conclusion he came to, right, but that
        9 incomplete, and maybe it is just, you know,          9 doesn't -- yes, that's the conclusion he
       10 I'm dense and it is the end of the day, or          10 came to.
       11 it is late in the day, I don't -- I think           11    Q. So you would agree that these
       12 it is an incomplete hypothetical that I             12 are pretty abnormal returns, right?
       13 cannot answer as I sit here today.                  13    A. Well, okay, so "abnormal
       14     Q. Okay. So, all right, now you                 14 return" has a very specific definition in
       15 have mentioned several times that since             15 finance. So what do you mean by "abnormal
       16 submitting your rebuttal report, you read a         16 return"?
       17 couple of academic articles about building          17    Q. What do you mean by "abnormal
       18 a demand-based model to predict stock price         18 return"?
       19 movements, right?                                   19    A. The abnormal return was
       20     A. To changes in demand, correct.               20 measured as the, I mean, the difference
       21     Q. And you don't say anything                   21 between the actual price and the predicted
       22 about that in either of your reports, do            22 price of the stock. That's how I would
       23 you?                                                23 normally use the term "abnormal return" in
       24     A. Oh, I do not, right. I just                  24 the context of a securities class action.
       25 gave a general -- an example of a general           25    Q. Okay. So you are using it
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        2 synonymously with the residual return in an         2 stock price movements?
        3 event study?                                        3     A. What do you mean by a large
        4     A. Correct.                                     4 amount?
        5     Q. Okay. Have you done anything                 5     Q. A large proportion of the
        6 to analyze why these stocks had such                6 articles that you include in your news/no
        7 extraordinary run-ups in the week before            7 news test in the week before the class
        8 the class period?                                   8 period are articles about the unusual stock
        9     A. Why these stocks had such                    9 price movements, right?
       10 extraordinary run-ups? Well, certainly             10     A. Okay. Define "large
       11 they responded to information during those         11 proportion."
       12 periods. As to the exact magnitude of              12     Q. Well, do you have any idea what
       13 those price changes, I have not.                   13 the proportion is?
       14     Q. You have not worked on a case               14     A. As I sit here today, I don't.
       15 before where a stock rose 700 percent in a         15     Q. Okay. So you don't know one
       16 week, have you?                                    16 way or the other whether, let's say, more
       17     A. I don't know. As I sit here                 17 than 50 percent of the articles in your
       18 today, I don't know.                               18 news/no news test in the week preceding the
       19     Q. You certainly haven't worked on             19 class period are articles about the unusual
       20 a case before where a stock rose 1,000             20 stock price movements?
       21 percent in a week, have you?                       21     A. That is correct. To the extent
       22     A. Well, if I don't recall the 700             22 that these articles talked about unusual
       23 percent, I don't recall the 1,000 percent.         23 stock price movements, that is correct.
       24 It doesn't mean it didn't happen.                  24     Q. Okay. Are you able to point to
       25     Q. And you are aware that that did             25 any valuation relevant news about any of
                                                  Page 295                                             Page 297
        1            WERNER                                   1            WERNER
        2 happen here, right?                                 2 these nine companies that would explain the
        3    A. I mean, if you want me to go                  3 stock price movement in the week before the
        4 through it and refresh my memory, if you            4 class period?
        5 want to stipulate to those facts, I will            5     A. Well, I mean, I defer to what
        6 agree with you, but if you want me to               6 Dr. -- Mr. Fischel and Professor Grenadier
        7 verify that that in fact is an accurate             7 determined were value relevant news.
        8 statement, I'm happy to do that as well.            8 Again, they don't agree, so it goes to the
        9    Q. All right. Did you see                        9 subjectivity of their definition.
       10 Professor Grenadier's testimony about the          10         So, I mean, there certainly was
       11 700 percent increase for one stock and the         11 what they determined was value relevant
       12 1,000 percent increase for another stock in        12 news that came out during that period. So,
       13 the week before the class period?                  13 you know, from a point of view of
       14    A. His testimony being his report               14 informational efficiency, my concern is
       15 or his deposition?                                 15 whether or not that information is
       16    Q. His deposition testimony.                    16 incorporated in the stock price, and to the
       17    A. Okay, so now that we are                     17 best of my knowledge, it was incorporated
       18 talking about -- I don't recall every word         18 in the stock price, or the stock prices of
       19 of his deposition, so if you want to give          19 these firms.
       20 me his deposition and show me where he said        20     Q. Dr. Grenadier concluded that he
       21 that, I'm happy to look at it.                     21 did not find any valuation relevant news
       22    Q. You agree with me that a lot of              22 about any of these nine companies that
       23 the news articles that are included in your        23 would explain the stock price movement in
       24 news/no news study for the week before the         24 the week before the class period, right?
       25 class period are articles about the unusual        25     A. Well, when you say "find," he
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        2 didn't do any type of study. This was all           2 I will try to answer it. That was my
        3 based on observations. For instance, he             3 misunderstanding.
        4 didn't do any DCF analysis and said the             4    Q. So my question was, do you
        5 stock price should be $10 and it is trading         5 agree that Dr. Grenadier concluded that he
        6 at 30.                                              6 did not find any value relevant news for
        7         So what you are talking about               7 any of the nine companies at issue that
        8 with regards to both Professor Grenadier            8 would explain the stock price movement in
        9 and Mr. Fischel is they present                     9 the week before the class period, and you
       10 observations and say, you know, I can't            10 answered that you believed that that is
       11 explain it, but they make no effort to show        11 what he had stated, right?
       12 what caused these stock prices, or that in         12    A. So he has demonstrated -- I
       13 fact these stock prices weren't                    13 mean, he has included news that changed the
       14 completely -- well, I will leave it at             14 stock price of the stock. So I guess I
       15 that.                                              15 don't understand your premise. I mean, you
       16         I just disagree with your                  16 know, let's look at a discussion of AMC.
       17 assertion that they proved or they                 17    Q. So I'm not asking you whether
       18 demonstrated that these stock prices               18 you have a criticism --
       19 somehow changed in such a way that cannot          19          MR. ROSEN: Are you withdrawing
       20 be explained, because all of their                 20    the question?
       21 analyses, or the majority of their analyses        21          MR. RYAN: He in fact has
       22 certainly in their initial reports is all          22    answered the question. He is now
       23 observation.                                       23    moving on to something else he wants to
       24     Q. So I didn't ask you any                     24    say and using up my time.
       25 question about demonstration or proof.             25    Q. So my question is you
                                                  Page 299                                              Page 301
        1            WERNER                                   1            WERNER
        2 What I asked you, and I will ask you again,         2 understand that Dr. Grenadier's conclusion,
        3 is do you agree that Dr. Grenadier                  3 whether you agree with it or not, you
        4 concluded that he did not find any value            4 understand that his conclusion is that he
        5 relevant news for any of the nine companies         5 did not find any value relevant news for
        6 at issue that would explain the stock price         6 any of the nine companies at issue that
        7 movement in the week before the class               7 would explain the stock price movement in
        8 period?                                             8 the week before the class period?
        9     A. I believe that that is what he               9    A. I don't think what you are
       10 stated. I have not seen any evidence that          10 saying is accurate.
       11 allows me to understand how he reached             11    Q. All right. Let me ask you the
       12 those conclusions.                                 12 same question about Mr. Fischel. Do you
       13     Q. All right. Do you agree that                13 understand that Mr. Fischel's conclusion,
       14 Mr. Fischel similarly concluded that he did        14 again, whether you agree with it or not, do
       15 not find any value relevant news for any of        15 you understand that his conclusion is that
       16 the nine companies at issue that would             16 he did not find any value relevant news for
       17 explain the stock price movement in the            17 any of the nine companies at issue that
       18 week before the class period?                      18 would explain the stock price movement in
       19     A. Well, so now -- so before, I'm              19 the week before the class period?
       20 sorry, I thought you said the magnitude of         20    A. Again, based on the way you
       21 the stock price movement, and now you are          21 have phrased the question, I don't believe
       22 asking --                                          22 what you have said is correct.
       23     Q. No, I never used the word --                23    Q. Okay. Did you do any analysis
       24     A. All right, so then let me --                24 yourself to try to understand why the nine
       25 ask the question about Grenadier again and         25 stocks at issue had such an extraordinary
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        2 run-up in the week before the class period?         2 you are wasting time, sir. You are wasting
        3    A. Okay, so, first of all, you are               3 time, and I'm going to give you the
        4 using a pejorative term, "extraordinary."           4 definition now. Do you understand that I'm
        5    Q. I didn't mean to be pejorative,               5 defining "extraordinary" to mean out of the
        6 so let me back up and ask you the question.         6 ordinary and highly unusual?
        7 Let me ask the question.                            7     A. Out of the ordinary and highly
        8         Do you agree that these nine                8 unusual, okay, those are all vague terms.
        9 stocks had an extraordinary run-up in the           9 But, okay, out of the ordinary, so let's go
       10 week before the class period?                      10 first, out of the ordinary, what would be
       11    A. Define "extraordinary."                      11 the ordinary?
       12    Q. You are not able to answer that              12     Q. So my question is with this
       13 question either way?                               13 definition of "extraordinary" in mind, are
       14    A. Do you want me to point to a                 14 you able to answer whether or not these
       15 definition of extraordinary so I --                15 stocks had an extraordinary run-up in the
       16    Q. Out of the ordinary and highly               16 week before the class period?
       17 unusual is my definition.                          17     A. In order to answer your
       18    A. Can I -- look, I'm just trying               18 question as precisely as I can, I would
       19 to answer your questions as accurately as          19 need your definition of "ordinary." So
       20 possible.                                          20 would you like to give me a definition of
       21    Q. Do you have my definition of                 21 "ordinary" and then we can go to your
       22 "extraordinary" in mind?                           22 definition of "extraordinary"? Because it
       23    A. Whoa, whoa, whoa. Again, I'm                 23 seems to me that it is based on your
       24 trying to be as accurate as possible in my         24 definition of what "ordinary" is.
       25 responses, so when you use terms like              25     Q. All right. So am I right that
                                                  Page 303                                              Page 305
        1            WERNER                                   1            WERNER
        2 "extraordinary" or "significant," those             2 based on my definition, you find that too
        3 have specific meanings in different                 3 vague and you can't answer; is that right?
        4 situations. I'm just trying to understand           4     A. Your definition of what?
        5 exactly what you are talking about.                 5     Q. "Extraordinary." Am I right
        6         So I don't -- I don't know why              6 that you can't answer the question because
        7 you define -- why can't you define                  7 you think my definition is too vague and
        8 "extraordinary"? Go ahead, ask me the               8 you don't understand what I mean by
        9 question, give me a description, a                  9 "extraordinary," right?
       10 definition of "extraordinary," and I will          10     A. You are giving me no context
       11 try to answer your question as accurately          11 into exactly what you mean by "ordinary,"
       12 as possible.                                       12 and thus I am unable to determine what you
       13     Q. Do you have in mind the                     13 believe is extraordinary. You are defining
       14 definition of "extraordinary" that I have          14 the term, so tell me what you mean. Point
       15 given you twice now? Do you have that in           15 to a definition.
       16 mind, sir?                                         16     Q. I did. If you can't answer the
       17     A. Could you read his definition?              17 question, that's fine. Let me ask another
       18     Q. I can repeat it if you don't                18 question.
       19 have it in mind.                                   19     A. Whoa, whoa, whoa. So we will
       20     A. I'm asking him, because you                 20 agree to disagree. I don't believe -- I
       21 maintain you have defined it twice, I'm            21 don't believe that using the term
       22 asking him to read your definition of              22 "ordinary" -- not "ordinary" -- is a
       23 "extraordinary," because you have said you         23 definition of "extraordinary." It follows
       24 have done it twice.                                24 tautologically, right, but it is not any
       25     Q. I will give it to you now --                25 more descriptive than saying
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        2 "extraordinary" or "ordinary."                        2    Q. So I think the record will show
        3    Q. Let me ask my next question.                    3 that you are avoiding answering my
        4    A. By all means.                                   4 question, so I will move to a different
        5    Q. Am I right that you conducted                   5 topic.
        6 regression analyses for these nine stocks             6    A. I'm sorry, what? I didn't hear
        7 for one year before the class period?                 7 that.
        8    A. That is correct.                                8    Q. I will move to a different
        9    Q. And so you studied their                        9 topic.
       10 volatility, right?                                   10    A. Okay, sure.
       11    A. Correct. Well, I mean, to the                  11    Q. Have you studied at all the
       12 extent we are looking at things like                 12 cause of the increases in stock price for
       13 standard errors and R-squared, yeah, I               13 these nine companies during the week before
       14 studied its volatility.                              14 the proposed class period?
       15    Q. Okay. So having studied the                    15    A. Certainly part of the
       16 volatility of each of these nine stocks for          16 increases, yes.
       17 the year before the class period, do you             17    Q. Okay.
       18 agree that they had extraordinary run-ups            18    A. I mean, again, to the extent
       19 during the week before the class period?             19 that your experts found that there was
       20    A. Well, now you are asking about                 20 value relevant information that came out
       21 volatility during this entire one-year               21 during those periods, that would impact the
       22 period.                                              22 stock price.
       23    Q. Yes, sir.                                      23    Q. What part of the increase in
       24    A. And now you are -- and then you                24 stock price for these nine companies during
       25 are trying to draw some parallel, to,                25 the week before the proposed class period
                                                    Page 307                                             Page 309
        1            WERNER                                     1            WERNER
        2 again, a term that you have not described,            2 did you study?
        3 an extraordinary stock price. So can you              3     A. What part did I study?
        4 make the connection for me between the                4     Q. I asked you whether you studied
        5 volatility during that one-year period and            5 the cause and you said part of the
        6 whether or not these things had, as you               6 increases. So my follow-up is what part of
        7 define it, an extraordinary price run-up?             7 the increases did you study?
        8     Q. You are not able to answer the                 8     A. I'm sorry, you lost me there.
        9 question; is that right?                              9     Q. All right. Do you recall that
       10     A. I would like -- I would like                  10 I asked you "Have you studied at all the
       11 clarification before answering the                   11 cause of the increases in stock price for
       12 question. Because, again, my job here is             12 these nine companies during the week before
       13 to give the most accurate answers I can.             13 the proposed class period?" And you
       14 So if I need things to inform my opinion,            14 answered "Certainly part of the increases,
       15 if you are using vague terms, I can ask for          15 yes"?
       16 clarification. If you don't want to give             16     A. Okay.
       17 me the clarifications, that's fine, right,           17     Q. All right. My follow-up
       18 but until I receive such a clarification, I          18 question is which part of the increases
       19 can't answer the question.                           19 were you referring to just now in your
       20          And now, again, now you are                 20 answer?
       21 throwing in a whole other thing about                21     A. Oh, I'm not referring to any
       22 volatility. I'm not -- are you making a              22 particular. The size of -- again, you are
       23 connection between the volatility over my            23 asking about magnitude versus increase.
       24 estimation period and what you define as             24 Well, I mean, whatever, if you -- you are
       25 extraordinary stock price movements?                 25 allowed --
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        2     Q. Your answer was "Certainly part              2 that period that altered the stock prices.
        3 of the increases" and I'm simply asking you         3 Now, that's what their definition of value
        4 what part of the increases are you                  4 relevant is. Value relevant is an
        5 referring to? Can you tell me? What did             5 extremely broad term. We have discussed
        6 your answer mean?                                   6 people, Chartis, we have discussed momentum
        7     A. That's not anything I have been              7 traders. These people take into things --
        8 asked to opine on for this matter at this           8 these things -- these people or these
        9 point in time.                                      9 individuals find things like stock prices
       10     Q. Okay. So is it in fact the                  10 material, right? So is that reflected in
       11 case that you have not studied at all the          11 the stock prices of all of these stocks?
       12 cause of the increases for any of the nine         12 Absolutely.
       13 affected stocks during the week before the         13         Now can I take a break?
       14 proposed class period?                             14    Q. You are avoiding answering my
       15     A. That is incorrect.                          15 question. You can take a break. This is
       16     Q. Is it the case that you have                16 not a torture chamber. You can have a
       17 expressed no opinion on the cause of the           17 break. But I'm going to follow up with
       18 increases for any of the nine affected             18 this when you get back. You are evading my
       19 stocks during the week before the proposed         19 questions.
       20 class period?                                      20    A. Fantastic.
       21     A. Certainly some of it was based              21         THE VIDEOGRAPHER: This will
       22 on information incorporated in the stock           22    end media unit six. We are going off
       23 price. I mean, again, I found that these           23    the record at 5:03.
       24 stocks were informationally efficient, so          24         (Recess taken.)
       25 whatever information was out there affected        25         (Defendant's Exhibit 287 marked
                                                  Page 311                                           Page 313
        1             WERNER                                  1            WERNER
        2 those prices.                                       2     for identification.)
        3     Q. When you answered just now                   3          THE VIDEOGRAPHER: We are back
        4 "That's not anything I have been asked to           4     on the record at 5:09. This will begin
        5 opine on for this matter at this point in           5     media unit seven.
        6 time," what specifically have you not been          6 BY MR. RYAN:
        7 asked to opine on that you were referring           7     Q. All right. During the break I
        8 to in that response?                                8 marked as Exhibit 287 the Factiva headline
        9     A. I guess I misspoke. I'm sorry,               9 results we received from plaintiff's
       10 you are coming at me with all sorts of             10 counsel related to Bed Bath & Beyond. Do
       11 stuff. You seem to be agitated. I'm                11 you have that exhibit in front of you, sir?
       12 trying to focus on what I'm saying. So if          12     A. I do.
       13 I misspoke, I apologize. Maybe now would           13     Q. And does this look like the
       14 be a good time to take a break.                    14 results that you would have received from
       15     Q. I would like an answer to this              15 your Factiva search for Bed Bath & Beyond?
       16 question. So let me ask this question              16     A. It is certainly possible.
       17 again, since you're now saying you don't           17     Q. And do you see the very first
       18 stand by your answer.                              18 article that is listed there is an article
       19         I'm asking you what part of the            19 about Beyond Burger, right?
       20 increases are you referring to, can you            20     A. That is correct.
       21 tell me what did your answer mean?                 21     Q. And you don't believe that that
       22     A. Well, according to your                     22 contains any relevant information to Bed
       23 experts, and, again, I'm just focusing on          23 Bath & Beyond, do you?
       24 what your experts said, there is value             24     A. I have no reason to think it
       25 relevant information that occurred during          25 does. But, I mean, look, we went over this
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        1            WERNER                                  1            WERNER
        2 issue before. What I have stated                   2 period, right?
        3 previously with regards to things like             3     A. That is correct.
        4 Princess Nokia would apply here as well.           4     Q. And so we now have seven
        5     Q. So let's look then at page 316              5 articles on that day that are actually
        6 of this exhibit, Deposition Exhibit 287.           6 about Aaron Rodgers and his journey of
        7     A. Okay.                                       7 self-actualization, not about Bed Bath &
        8     Q. Do you see there that the third             8 Beyond, right?
        9 article down is an article about the NFL           9     A. I don't know if it is seven. I
       10 quarterback Aaron Rodgers and why in his          10 can count them. I believe that's correct.
       11 own words he is on a journey of                   11     Q. Okay. We can put that aside,
       12 self-actualization?                               12 sir. Now, in your rebuttal report that we
       13     A. I do see that.                             13 have marked as Exhibit 282 to this
       14     Q. And then do you see that there             14 deposition --
       15 is perhaps an identical article, I'm              15     A. Okay, hold on a minute. Yeah,
       16 looking at the first few lines of text,           16 okay.
       17 from the Capitol Times and Wisconsin State        17     Q. You conducted a test that you
       18 Journal that same day entitled "Finding his       18 referred to as a binomial test that relates
       19 peace: Aaron Rodgers details journey that         19 to news for seven of the companies at issue
       20 changes his outlook towards life, NFC             20 in the week before the proposed class
       21 championship"?                                    21 period; is that right?
       22     A. Okay, so is this my production?            22     A. Well, what your experts defined
       23     Q. Yes, sir.                                  23 as news.
       24     A. Okay, all right. Because,                  24     Q. Okay. And I'm looking here at
       25 yeah, that, I mean, it seems that that --         25 Table 7 on page 21 of your rebuttal report.
                                                 Page 315                                              Page 317
        1            WERNER                                  1           WERNER
        2 there are multiple -- well, I'm sorry, go          2    A. Okay, I'm there.
        3 ahead and ask your question.                       3    Q. And so this is the table that
        4     Q. All right. So you have                      4 presents the results of your binomial test,
        5 anticipated my next question. Do you see           5 right?
        6 in fact this article appears multiple              6    A. Based on your experts'
        7 times, one, two, three, four, five, six            7 definition of "value relevant news."
        8 times from the Capitol Times and Wisconsin         8    Q. And is the period at issue here
        9 State Journal on the 24th of January 2021          9 January 21st through 27th, 2021? And I'm
       10 and then another time from the Crossville         10 looking at paragraph 46 and 47.
       11 Chronicle that same day, right?                   11    A. That is correct.
       12     A. Correct.                                   12    Q. Okay. And the second column
       13     Q. All right. And your                        13 here headed News Dates, am I right that you
       14 methodology intended to eliminate                 14 took any date where either Mr. Fischel or
       15 duplicates, right?                                15 Professor Grenadier in his report analyzed
       16     A. That is correct. I mean, we                16 potentially value relevant news?
       17 checked that box in Factiva, in Factiva,          17    A. I don't know if I would say
       18 yes.                                              18 they analyzed. They said that there was
       19     Q. And in this instance, it                   19 value relevant news on those dates.
       20 appears that the duplicates were not              20    Q. Okay. You and I may disagree
       21 eliminated, right?                                21 about the words here, but am I right that
       22     A. That's what it appears, yes.               22 this column headed News Dates is a
       23     Q. And so this is an article on               23 combination of dates either from
       24 the 24th of January, which is right in the        24 Mr. Fischel or Professor Grenadier?
       25 middle of that week before the class              25    A. That is correct.
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        2    Q. All right. And then the next                   2 you are correct, it does not pass the
        3 column which is headed Statistically                 3 news/no news test.
        4 Significant News Days, does that present             4     Q. So do you have an opinion one
        5 the number of the news dates in the                  5 way or the other if the question is whether
        6 previous column that in your regression              6 Trivago was efficient during that one-week
        7 analysis based on your one-year estimation           7 period, as opposed to the question you
        8 period had a statistically significant               8 answered in your opening report, which was
        9 return?                                              9 whether Trivago was efficient during the
       10    A. That is correct.                              10 full-year period, if the question instead
       11    Q. All right. And then the final                 11 is whether Trivago traded in an efficient
       12 column calculates a p-value for the                 12 market during the one-week period leading
       13 statistical significance of the binomial            13 up to January 27th, 2021, do you have an
       14 test, right?                                        14 opinion on that question?
       15    A. Correct.                                      15     A. I believe that based on my
       16    Q. All right. And this was a test                16 review of all the information, so all
       17 of whether the return was statistically             17 Cammer and Krogman factors, my conclusion
       18 significant on the news dates as used in            18 was that it did trade in an efficient
       19 this table, right?                                  19 market during that week.
       20    A. Well, I think I would say                     20     Q. But you would agree that you
       21 "returns," plural.                                  21 have less certainty about Trivago for that
       22    Q. Okay.                                         22 week than the other six stocks?
       23    A. But that sounds correct.                      23     A. Do I have less certainty?
       24    Q. All right. And you got a                      24     Q. Let me ask a better question.
       25 p-value of 5 percent or less for six of the         25         Do you agree that you have less
                                                   Page 319                                               Page 321
        1             WERNER                                   1            WERNER
        2 seven stocks you studied, right?                     2 confidence in the results as to Trivago for
        3    A. That is right.                                 3 that week than for the other six stocks?
        4    Q. Am I right that you did not                    4     A. Do I have less confidence?
        5 study the two stocks from the original               5 That's not anything I have really thought
        6 report here, Koss and Tootsie Roll?                  6 about. I don't know. It's not something I
        7    A. That is correct.                               7 considered. I mean, I looked at the
        8    Q. And for Trivago you found no                   8 totality of the information and determined
        9 statistical significance, right?                     9 it was efficient. I didn't think about it
       10    A. That is correct.                              10 in terms of how confident I was or
       11    Q. So you say in paragraph 52, in                11 unconfident I was about my findings.
       12 the first sentence, "while the test results         12     Q. So you say at the end of
       13 for Trivago were inconclusive." Do you see          13 paragraph 52 on page 22 of your rebuttal
       14 that?                                               14 report "I am inclined to place more weight
       15    A. I do.                                         15 on the results of the more robust study
       16    Q. All right. And so the finding                 16 performed in the Werner Declaration."
       17 of your binomial test was that that                 17          Do you see that?
       18 binomial test as set forth in Table 7 did           18     A. I'm sorry, paragraph 52?
       19 not establish market efficiency for Trivago         19     Q. Yes, the very end of that.
       20 during that week immediately before the             20     A. Correct.
       21 class period, right?                                21     Q. And when you say that you are
       22    A. That is correct. But to the                   22 inclined to place more weight on the
       23 extent that I was only looking at one               23 results of the full-year study in your
       24 observation, that's how I arrived at the            24 opening report than on the results of the
       25 statement that it was inconclusive. But             25 one-week study in your rebuttal report, are
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        1             WERNER                                  1             WERNER
        2 you indicating that you think a finding of          2     A. I think logically that follows.
        3 efficiency for Trivago is a closer call?            3     Q. Okay.
        4     A. I'm sorry, what do you -- so a               4     A. Unless -- maybe I'm missing
        5 finding of efficiency for Trivago is a              5 something.
        6 closer call?                                        6     Q. No, I don't believe you are.
        7     Q. Than for the other six stocks.               7     A. Isn't it tautologically
        8     A. Okay. Again, I don't -- I                    8 correct?
        9 don't think that's anything I considered.           9     Q. I believe it is.
       10 I didn't think about degrees of separation.        10     A. Okay, all right.
       11 So as I sit here today, I don't know one           11     Q. So your Table 7 does not
       12 way or the other.                                  12 present any results as to the statistical
       13     Q. Okay. Now let me go back to                 13 significance or not of the returns on those
       14 Table 7 on page 21. You don't present any          14 two non-news dates, correct?
       15 analysis here of the statistical                   15     A. That is correct. That is
       16 significance or not of the returns on              16 correct.
       17 non-news dates during this one-week period,        17     Q. So there is therefore, in your
       18 do you?                                            18 binomial test as set forth in your rebuttal
       19     A. I believe that's correct. But               19 report, there is no comparison between the
       20 can you reread the question?                       20 statistical significance of the returns on
       21          (The record was read.)                    21 the news dates on the one hand and the
       22     A. Well, I mean, they are baked                22 statistical significance of the returns on
       23 into the analysis, but I don't -- to the           23 the non-news dates on the other hand,
       24 extent here I have got a column that says          24 correct?
       25 Statistically Significant News Days, right,        25     A. I believe that is correct.
                                                  Page 323                                               Page 325
        1            WERNER                                   1             WERNER
        2 I haven't put a column that says                    2     Q. Okay. If we just keep this
        3 Statistically Insignificant News Days.              3 open, please, and look back to your opening
        4    Q. All right. So that's not my                   4 report, which we have marked as Deposition
        5 question. So let me do a better job of              5 Exhibit 281, and I'm interested in
        6 asking my question.                                 6 particular on Table 9 which appears on the
        7         So do you see that for                      7 top of page 34.
        8 BlackBerry, for example, you say that there         8     A. You said Table 9, right?
        9 are three news dates, as we defined that            9     Q. Yes, sir, on the top of page
       10 term a moment ago, taking either                   10 34.
       11 Mr. Fischel's or Professor Grenadier's             11     A. I'm sorry, I didn't mean to
       12 study potentially of value relevant news,          12 interrupt you.
       13 and then you find that on two of those             13     Q. No. So am I right that Table 9
       14 three dates there is a statistically               14 presents the collective test results for
       15 significant return based on your regression        15 the one-year period through January 27,
       16 for the one-year period before the proposed        16 2021 using your definition of news dates,
       17 class period, right?                               17 namely the top 10 percent of articles
       18    A. That is correct.                             18 appearing on those days?
       19    Q. All right. If there were three               19     A. That is correct.
       20 news dates during this period of five              20     Q. And these are -- this is a
       21 trading dates, there also must have been           21 summary of the results of the news/no news
       22 two non-news dates, right?                         22 test in your opening report, right?
       23    A. There must have been two                     23     A. That is correct.
       24 non-news dates, as defined by your experts?        24     Q. And here you did compare the
       25    Q. Yes, sir.                                    25 statistical significance on the news dates
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        1            WERNER                                    1            WERNER
        2 to the statistical significance of the               2 whether the stock price return on those
        3 returns on the non-news dates and from that          3 dates was statistically significant using
        4 comparison you calculated a p-value using            4 his regression analysis?
        5 Fisher's exact test that you presented in            5     A. That is my understanding of
        6 the far right column, right?                         6 what this is, yes.
        7     A. That is correct.                              7     Q. All right. And then if we look
        8     Q. Okay. Now, have you seen the                  8 at page 2 of Exhibit 288, is it your
        9 information Professor Grenadier prepared in          9 understanding that this table presents the
       10 response to your binomial test in Table 7?          10 days that Professor Grenadier did not
       11     A. So I don't remember seeing that              11 consider to have new potentially value
       12 in any of his reports.                              12 relevant information during this period and
       13          MR. ROSEN: Objection. If you               13 then whether the stock price return on
       14     are going to show him something that            14 those dates was statistically significant
       15     was produced after the rebuttal reports         15 using his regression analysis?
       16     were submitted to each firm, then I             16     A. But, again, so this goes to the
       17     object to you using it in litigation            17 problem with your subjective definition of
       18     because that is an impermissible                18 news. He completely ignores Dr. Fischel's
       19     sur-reply report, and so we object to           19 analysis. So does that mean I should
       20     the use of anything that any expert             20 ignore Dr. Fischel's analysis in doing my
       21     prepared after the cutoff date for the          21 experiments?
       22     rebuttal reports.                               22         I mean, he found that some days
       23          MR. RYAN: All right. So I'm                23 were statistically -- were value relevant
       24     providing now analysis that was                 24 and Grenadier found other days were value
       25     provided to you in response to your             25 relevant. So why should I ignore that
                                                   Page 327                                               Page 329
        1            WERNER                                    1             WERNER
        2     subpoena before Professor Grenadier's            2 data? Or maybe -- let me ask it a
        3     deposition. So I have marked this                3 different way. Do you know why Professor
        4     three-page document as Exhibit 288.              4 Grenadier ignored that information? Did he
        5          MR. ROSEN: So we object to the              5 think that what Mr. Fischel did was wrong?
        6     admission of 288 as an impermissible             6 Or his findings were incorrect?
        7     sur-reply and for other reasons.                 7    Q. So I'm asking you a much more
        8          (Defendant's Exhibit 288 marked             8 limited question. I certainly know why he
        9     for identification.)                             9 did what he did. But my question is quite
       10     Q. All right. Have you seen                     10 different.
       11 Exhibit 288 before, Dr. Werner?                     11          My question is, is it your
       12     A. It looks familiar.                           12 understanding that page 2 of Exhibit 288
       13     Q. Okay.                                        13 presents the days that Professor Grenadier
       14     A. I believe I have.                            14 did not consider to have new potentially
       15     Q. And do you see that it is                    15 value relevant information during this
       16 headed Analysis and Response to Werner              16 period and then whether the stock price
       17 Rebuttal Report Table 7?                            17 return on those dates was statistically
       18     A. I do. I do, yes.                             18 significant using his regression analysis?
       19     Q. And so do you understand that                19    A. That is my understanding, but I
       20 on the first page of Exhibit 288, what              20 didn't -- the numbers look all screwed up.
       21 Professor Grenadier presents is a version           21 Like I don't -- the binomial test p-values
       22 of the binomial test in your Table 7 that           22 look incorrect, or at least I couldn't make
       23 shows the days that he, Professor                   23 sense of them when I looked at it, nor the
       24 Grenadier, considered to have new                   24 cumulative distribution p-value.
       25 potentially value relevant information and          25          So I have, as I sit here today,
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        1            WERNER                                   1             WERNER
        2 other than being perplexed by exactly what          2          MR. ROSEN: He never explained
        3 was done here and whether or not the                3     it, because I didn't depose him on it.
        4 analysis was done properly, I have no               4     Q. All right. So let me ask you
        5 additional opinion about what that is. I            5 about page 3 of Deposition Exhibit 288. Do
        6 mean, sure, if you want to ask me, I mean,          6 you see that Professor Grenadier reports
        7 obviously you can ask me whatever you want,         7 here that for the seven stocks combined,
        8 I just have no idea whether what's been             8 for 14 total days with news with new
        9 done here is accurate or not.                       9 potentially value relevant information,
       10     Q. Okay. So you see that in your               10 there were statistically significant
       11 Table 7 when you had zero out of one --            11 returns on eight of those 14 days?
       12     A. Hold on.                                    12     A. Well, and, again, so let's be
       13          MR. ROSEN: It is page 21 of               13 very specific here. These are days where
       14     your rebuttal report.                          14 Dr. Grenadier determined that there was
       15     A. Here we go. I'm sorry, what                 15 potentially value relevant information. It
       16 page?                                              16 is not --
       17     Q. Page 21 of your rebuttal                    17     Q. Yes, sir.
       18 report, Table 7, and paragraph 50. Do you          18     A. It is not, to the best of my
       19 see that when you have zero observations           19 understanding, the days that your experts
       20 out of one, you have a binomial test               20 collectively determined there was value
       21 p-value of 95 percent?                             21 relevant information. So I understand why
       22     A. Right.                                      22 he is recreating what he did. I don't know
       23     Q. And do you see that that is the             23 why he would then choose to ignore
       24 same when Professor Grenadier, for                 24 information that is relevant to the
       25 different stocks, has zero observations out        25 question that he is trying to address.
                                                  Page 331                                              Page 333
        1             WERNER                                  1            WERNER
        2 of one? Do you see that equivalence in the          2    Q. All right. Do you see, though,
        3 p-values that I'm pointing out to you?              3 that on the left part of page 3 of Exhibit
        4    A. I see that some of them are                   4 288, he reports that there are 14
        5 equivalent.                                         5 observations for days with news with new
        6    Q. Right. Do you see that                        6 potentially value relevant information --
        7 similarly when you have two statistically           7    A. I'm sorry, I apologize, are we
        8 significant days out of three, you have a           8 looking at Table 3?
        9 p-value of 0.71 percent and when Professor          9    Q. Yes.
       10 Grenadier has two statistically significant        10    A. Okay, go ahead, sorry.
       11 days out of three, he has a binomial test          11    Q. Do you see that on the left
       12 p-value of 0.71 percent?                           12 part of page 3 of Exhibit 288, he reports
       13    A. Yes, I now see that.                         13 that there are 14 days with news with new
       14    Q. Okay. Do you still believe                   14 potentially value relevant information and
       15 that anything looks off with respect to the        15 eight of those 14 days have statistically
       16 binomial test p-value column in the chart          16 significant returns?
       17 on page 2 of Deposition Exhibit 288?               17    A. Yes, I do see that.
       18    A. I mean, I have no opinion one                18    Q. And then do you see that he
       19 way or the other, given that I haven't been        19 reports on the right-hand side that there
       20 able to examine this document in an                20 are 21 days without news with new
       21 academically rigorous way. On the surface,         21 potentially value relevant information
       22 yeah, I would need to -- I would need to           22 during this one-week period before the
       23 hear how he explained what he did here to          23 beginning of the proposed class period, and
       24 fully -- I don't know one way or the               24 13 of those 21 days have statistically
       25 other --                                           25 significant returns?
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        1            WERNER                                    1            WERNER
        2    A. According to Dr. Grenadier.                    2 That's how I arrived at the decision to use
        3    Q. Yes.                                           3 this, and I believe that that, based on,
        4    A. Professor Grenadier.                           4 again, both experts' collective definition
        5    Q. Yes. And do you see that he                    5 of value relevant information, this shows
        6 then runs a Fisher's exact test and finds            6 that the stock prices reacted to news
        7 there is no statistically significant                7 during that one-week period.
        8 difference on the days with news and the             8     Q. Do you agree that the apparent
        9 days without news, right?                            9 mispricing of GameStop's stock appears to
       10    A. Based on his definition of                    10 be an intentional manipulation by a group
       11 news, again, I haven't had a -- I haven't           11 of investors who all agreed to act
       12 examined this thoroughly, but on the                12 irrationally by buying at prices untethered
       13 surface that appears to be what it is.              13 to fundamental value?
       14    Q. Okay. And when you conducted                  14         MR. ROSEN: Objection.
       15 your binomial test results for your                 15     A. I'm sorry, where are you
       16 rebuttal report you did not do this kind of         16 reading from? It sounds like Professor
       17 comparison between the news dates and the           17 Grenadier's report.
       18 non-news dates during the one-week period           18     Q. I'm asking you a question. Do
       19 before the proposed class period, did you?          19 you agree with that statement?
       20    A. Right, based on the small                     20     A. I would like to see the
       21 sample size, that is correct.                       21 statement and then I will tell you whether
       22    Q. And your second sentence in                   22 or not I agree with it.
       23 paragraph 51 of your rebuttal report states         23     Q. So I'm just asking you the
       24 that "Based on Table 7, we can reject the           24 question regardless of who said it. Do you
       25 null hypothesis that the companies'                 25 agree that the apparent mispricing of
                                                   Page 335                                               Page 337
        1            WERNER                                    1            WERNER
        2 securities prices behave no differently on           2 GameStop stock appears to be an intentional
        3 days with company specific news than on              3 manipulation by a group of investors who
        4 days without company specific news."                 4 all agreed to act irrationally by buying at
        5         Do you see that?                             5 prices untethered to fundamental value?
        6    A. I do.                                          6         MR. ROSEN: Objection. It is a
        7    Q. But your Table 7 has no                        7     compound question.
        8 analysis of days without company specific            8     A. Right, it is a compound
        9 news, right?                                         9 question. To the extent you are talking
       10    A. No, but, I mean, that's what                  10 about manipulation, that's a legal term to
       11 the binomial test is testing for. So based          11 the best of my understanding. I have no
       12 on these results of the binomial test, that         12 idea how to answer that question.
       13 statement is correct.                               13     Q. So are you able to either agree
       14    Q. All right. Isn't it the case                  14 or disagree with that statement?
       15 that this sentence is wrong, and that your          15     A. Can you read it one more time?
       16 binomial test in Table 7 of your rebuttal           16     Q. Sure.
       17 report does not allow one to reject the             17     A. Please, I'm sorry, please.
       18 null hypothesis that the companies'                 18     Q. The apparent mispricing of
       19 securities prices behave no differently on          19 GameStop's stock appears to be an
       20 days with company specific news than on             20 intentional manipulation by a group of
       21 days without company specific news?                 21 investors who all agreed to act
       22    A. I don't believe that's correct.               22 irrationally by buying at prices untethered
       23 I determined -- I determined that I should          23 to fundamental value.
       24 use a binomial test based on the small              24     A. "Fundamental value" defined as
       25 sample size that we were looking at.                25 what? What we have talked about in terms
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        1            WERNER                                    1             WERNER
        2 of DCF analysis?                                     2 happy -- if you want to show me where this
        3     Q. How you would define                          3 person has written that and the context in
        4 "fundamental value"?                                 4 which they wrote that, I'm happy to look at
        5     A. Could you reread the question,                5 it and give you an answer. But just on the
        6 please?                                              6 face of it, I can't commit one way or the
        7     Q. Do you agree that the apparent                7 other to whether or not that question is --
        8 mispricing of GameStop's stock appears to            8 or that statement is correct.
        9 be an intentional manipulation by a group            9     Q. Do you agree that GameStop is a
       10 of investors who all agreed to act                  10 clear case where for a short period of time
       11 irrationally by buying at prices untethered         11 the market was inefficient?
       12 to fundamental value?                               12     A. Do I agree with that statement?
       13     A. I have a lot of problems with                13     Q. Yes.
       14 that. But "apparent," you used the term             14     A. "A short period of time" being
       15 "apparent mispricing." Apparent to who? I           15 what?
       16 mean, someone, whoever wrote that, I don't          16     Q. A number of days.
       17 know, maybe it was an analyst or something,         17     A. How many days?
       18 believed that the stock was mispriced. I            18     Q. Any number of days that you're
       19 guess I would want to see their                     19 able to answer.
       20 justification or what evidence they cite to         20          MR. ROSEN: What time period
       21 suggest in fact that it was mispriced.              21     are you referring to?
       22     Q. Do you agree that GameStop's                 22     Q. I'm talking about the period
       23 stock was mispriced?                                23 right before the proposed class period.
       24     A. Do I believe that GameStop's                 24     A. So right before the proposed
       25 price was mispriced?                                25 class period?
                                                   Page 339                                              Page 341
        1            WERNER                                    1            WERNER
        2     Q. Yes, sir.                                     2     Q. Right.
        3     A. No.                                           3     A. Right. I determined that -- we
        4     Q. Do you agree that financial                   4 are talking about GameStop, right?
        5 markets have a long history of temporarily           5     Q. Yes.
        6 mispriced individual stocks?                         6     A. That it traded in an efficient
        7     A. Mispriced according to who?                   7 market from -- oh, well, all right, let's
        8 Mispriced relative to fundamental value or           8 make it easier, based on Dr. --
        9 informational efficiency? I don't -- I               9 Mr. Fischel's and Professor Grenadier's
       10 mean, there is all sorts of -- first, so I          10 definition of material news, I determined
       11 don't have these statements in front of me          11 that the stock traded in a, I'm sorry,
       12 that you are reading, and I don't know the          12 value relevant news, that the stock traded
       13 context in which these individuals made             13 in an efficient market over that period.
       14 these statements. So I don't want to say            14     Q. So you believe that somebody
       15 yes, I agree with that and then ah, case            15 who thinks it is a clear case that for a
       16 closed, right? So they are very general             16 couple of days before the proposed class
       17 statements. I would need much more                  17 period here the market for GameStop stock
       18 information to give you a proper response           18 was inefficient is wrong?
       19 to those questions.                                 19     A. I have no reason to -- I mean,
       20     Q. Okay. So you're not able to                  20 I'm sure that's their opinion. Is it right
       21 agree or disagree with the proposition that         21 or wrong? That's their opinion, right?
       22 financial markets have a long history of            22     Q. You hold a contrary opinion; am
       23 temporarily mispriced individual stocks?            23 I right?
       24     A. Again, I don't know what you                 24     A. Is that the logical conclusion,
       25 mean by "mispriced." So, you know, I'm              25 is that the conclusion you are reaching --
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        1            WERNER                                   1            WERNER
        2    Q. Well, do you?                                 2     Q. Do you agree that under the
        3    A. Let's go back to the question                 3 efficient market hypothesis, stocks have a
        4 you asked me, did it trade in an efficient          4 nearly horizontal demand curve?
        5 market during that period. I said it did,           5     A. Again, how are you defining
        6 informationally efficient. Now, I don't             6 efficiency? So that is probably going to
        7 know what whoever is making that statement          7 influence whether or not the demand curve
        8 means with regards to efficiency.                   8 for any individual stock is horizontal.
        9         So I have, again, based on what             9     Q. All right. Under what you call
       10 Mr. Fischel and Dr. Grenadier did,                 10 fundamental efficiency, do you agree that
       11 determined were value relevant days, it            11 stocks have a nearly horizontal demand
       12 appears that the stock was efficient during        12 curve?
       13 that four or five-day period, or six-day           13     A. What I have defined, and so
       14 period, whatever it was. But, yeah, I have         14 when I have defined it, because -- as your
       15 nothing else to add.                               15 experts have defined fundamental
       16    Q. All right. Do you agree that                 16 efficiency, is the demand curve for any
       17 securities differ from most products that          17 individual stock horizontal?
       18 economists study in that they are highly           18     Q. Horizontal or nearly so, yes,
       19 substitutable?                                     19 that's my question.
       20    A. I have no idea what you mean by              20     A. Yeah, that's not anything I
       21 that.                                              21 have ever thought about.
       22    Q. Okay. Are you aware of                       22     Q. Okay. Let me try to ask the
       23 academic literature about the                      23 question a different way.
       24 substitutability of stocks?                        24         Do you agree that under the
       25    A. It is possible. Off the top of               25 efficient market hypothesis the demand for
                                                  Page 343                                              Page 345
        1            WERNER                                   1            WERNER
        2 my head, I can't think of, what do you mean         2 any individual stock is highly elastic?
        3 by substitutability? You tell me and I              3    A. I mean, same answer.
        4 will tell you whether or not I'm familiar           4    Q. Okay. That isn't something
        5 with the idea.                                      5 that you have ever thought about?
        6     Q. That if somebody wants to make               6    A. Again, based on whatever
        7 an investment, the stock of one company is          7 definition of market efficiency that these
        8 often a very good substitute for the stock          8 people are using, which I don't know, yeah,
        9 of another company.                                 9 no, that's not anything I have thought
       10     A. Well, I mean, to the extent                 10 about.
       11 that you are talking about idiosyncratic           11    Q. Okay. Do you agree that since
       12 risk, it doesn't -- I don't know. I mean,          12 a securities price must be equal to its
       13 I would have to know a lot more before I           13 value, prices should not move without any
       14 could answer that question. Because each           14 news about the value of the security?
       15 company is going to have its own                   15         MR. ROSEN: Could you reread
       16 firm-specific risk. I mean, so I don't             16    the question?
       17 know whether the firms face the same risk,         17    A. Could you reread that question?
       18 whether they are in the same industry.             18         (The record was read.)
       19 There is all sorts of factors that go in.          19    A. Well, I mean, there is all --
       20 So as a general proposition, I can't answer        20 go ahead, Larry.
       21 that question.                                     21         MR. ROSEN: I'm not going to
       22     Q. So are you familiar with the                22    say anything.
       23 academic literature on substitutability of         23    A. I mean, there is all sorts of
       24 stocks?                                            24 things that go into the valuation of a
       25     A. Not as I sit here today.                    25 security, right? We have talked about your
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        1            WERNER                                    1             WERNER
        2 client posting price changes of stocks in            2 what your question implies. So without
        3 an effort presumably to encourage people to          3 knowing exactly what you mean by things
        4 buy and sell stock. So I don't know what             4 that influence or determine value, I can't
        5 exact -- what exact information you are              5 answer that question.
        6 talking about here, right? So I have no              6     Q. Okay.
        7 idea how to answer that question.                    7          MR. RYAN: Why don't we go off
        8     Q. Okay. So you're not able to                   8     the record and I will see how much more
        9 state whether you agree or disagree with             9     I have.
       10 that sentence?                                      10          THE VIDEOGRAPHER: This will
       11     A. Reread the sentence. I believe               11     end media unit seven. We are going off
       12 the answer is no, I cannot agree or                 12     the record at 5:48.
       13 disagree with that sentence, because there          13          (Recess taken.)
       14 is way too many variables. But go ahead and         14          THE VIDEOGRAPHER: We are back
       15 reread the question.                                15     on the record at 6:07. This will begin
       16     Q. Fine. The question is do you                 16     media unit eight.
       17 agree that since a securities price must be         17 BY MR. RYAN:
       18 equal to its value, prices should not move          18     Q. All right, Dr. Werner, do you
       19 without any news about the value of the             19 recall that you gave some testimony earlier
       20 security?                                           20 in the day about your belief that there was
       21     A. Okay. So define "value" for                  21 a potential way to calculate class-wide
       22 me.                                                 22 damages based on a regression analysis on
       23     Q. How much a security is worth.                23 intraday stock price movements?
       24     A. Oh, so how much a security is                24     A. I do.
       25 worth? So what goes into determining that           25     Q. And I believe what you were
                                                   Page 347                                             Page 349
        1            WERNER                                    1            WERNER
        2 value?                                               2 describing there was a regression analysis
        3     Q. You are the finance expert, not               3 where the independent variable would be the
        4 me.                                                  4 presence of Robinhood PCO restrictions or
        5     A. Well, you are using the term                  5 not --
        6 "value," or whoever is --                            6     A. I'm sorry, dependent or
        7     Q. I told you what I meant by it.                7 independent?
        8     A. What?                                         8     Q. Independent.
        9     Q. I told you what I meant by it.                9     A. Independent variable, okay.
       10     A. Oh, I'm sorry, go ahead, repeat              10     Q. -- and the dependent variable
       11 what you meant by it.                               11 would be the stock price; is that right?
       12     Q. Right. So are you able to                    12     A. That was, again, I haven't
       13 agree or disagree with the proposition that         13 thoroughly thought through this, but that
       14 under the efficient market hypothesis,              14 was one such example that one may -- I
       15 since a securities price must be equal to           15 mean, I would have to, again, until
       16 its value, prices should not move without           16 discovery is complete, I can't give you
       17 any news about the value of the security?           17 exactly the regression I would run if I was
       18     A. Oh, so the value in question is              18 asked to do so, but as a simple model, that
       19 the price of the security, so let's get --          19 is descriptive of what I said earlier.
       20 again, I mean, we have to go into what              20     Q. All right. And that regression
       21 determines the value of the security and            21 analysis that I just described would not by
       22 how you are specifically -- you seem to             22 itself account for confounding factors that
       23 have some vision in your mind of what               23 might affect the price of these nine
       24 determines value, and that that value could         24 stocks, right?
       25 somehow deviate from price, at least that's         25     A. Well, I mean, I guess it would
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        1             WERNER                                 1             WERNER
        2 depend upon when -- again, I haven't gone          2 would take on a value of 1 whenever
        3 into a lot of detail about this. It might          3 Robinhood's stock -- or whenever there were
        4 be dependent upon when one looked -- I             4 PCO restrictions imposed by Robinhood, and
        5 don't -- I don't know. I haven't, yeah, I          5 I guess -- I mean, yeah, I would not
        6 haven't thought about it to that extent. I         6 necessarily -- I mean, that's not what I
        7 mean, if you are asking, would you need to         7 meant.
        8 adjust for non-Robinhood-related actions?          8    Q. Okay. So I'm glad I asked you
        9 Absolutely.                                        9 this question. So how, then, are you
       10     Q. All right. So that's part of               10 envisioning the independent variable would
       11 what I am asking. So let me ask the               11 work in this regression analysis?
       12 question this way: Do you agree that that         12    A. Again, look, this is all
       13 regression analysis we have described where       13 theoretical. I haven't been asked to do
       14 the independent variable would be the             14 this. But it occurs to me that someone
       15 presence of Robinhood PCO restrictions and        15 should be able to do it. And I'm not even
       16 the dependent variable would be the stock         16 sure that an indicator variable is the
       17 price --                                          17 right way to go about doing it. It is just
       18     A. Oh, I'm sorry.                             18 one possible way to go about doing it. But
       19     Q. -- that would not account for              19 specifically let's look at -- am I looking
       20 potential causality from restrictions by          20 at my report here? Rebuttal report, yeah.
       21 other brokers, right?                             21          So, for instance, and, again,
       22     A. Well, so, I'm not -- maybe                 22 this is all theoretical, I don't have the
       23 we're at -- I guess I wasn't thinking about       23 complete fact pattern in this case, I could
       24 it in terms of the independent variable           24 look at the imposition, and, I'm sorry, I'm
       25 having a value of 1 whenever Robinhood's          25 looking at Table 12 in my rebuttal report.
                                                 Page 351                                              Page 353
        1            WERNER                                  1            WERNER
        2 restrictions were in effect. So I would            2     Q. Right.
        3 need to do more, if I'm asked to do so, I          3     A. I could look at a time period
        4 think that I would need to do a more               4 for the imposition of the Robinhood
        5 targeted analysis.                                 5 restrictions for, let's say, 10 minutes, 15
        6          So I don't -- I guess what I              6 minutes, 20 minutes, and see whether or not
        7 had in mind when we talked about this              7 the price changed over that period.
        8 earlier wasn't necessarily a long indicator        8          So, for instance, I mean, if
        9 variable that would be in effect for, you          9 I'm just eyeballing it, right, the
       10 know, like two days, or one day. That's           10 restrictions, PCO restrictions come into
       11 not what I had in mind.                           11 effect and the stock prices go down. If I
       12     Q. Okay. So I'm confused, because             12 were to conclude that what caused these
       13 I thought I asked you earlier today whether       13 stock price declines were simply
       14 the independent variable was going to be          14 Robinhood's alleged misconduct, I would
       15 the time from imposition of the Robinhood         15 want to capture that decline as a measure
       16 restriction, and you said no, that's not          16 of damage. But, again, this is all
       17 what you had in mind, what you had in mind        17 theoretical. But off the top of my head,
       18 was a dummy variable for the presence of          18 that might be one way to do it.
       19 the PCO restriction.                              19     Q. All right. And what if there
       20     A. Yeah, right, and I'm saying                20 are other factors such as the end of a
       21 that, I'm correcting what I said, right?          21 short squeeze or the bursting of a price
       22     Q. I see.                                     22 bubble, you wouldn't be able to account for
       23     A. As you and I talk about it now,            23 those confounding factors, would you?
       24 I now realize that what I said could be           24     A. Well, I'm sorry, are you
       25 taken to mean that the indicator variable         25 telling me to assume that a short squeeze
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        2 occurred or a bubble ended? I don't -- I           2          THE WITNESS: I'm sorry, I'm
        3 don't -- I mean, look --                           3     looking at Table 12 here.
        4     Q. Let me ask the question a                   4     A. Sure, until I do -- until I
        5 better way.                                        5 look and see what else was happening during
        6     A. Sure.                                       6 this time period when the stock price, or
        7     Q. So using the regression                     7 the average of this index fell, right, I
        8 analysis you just described, am I right            8 have no reason to think that that --
        9 that if the finder of fact finds that there        9 measuring that price drop wouldn't at least
       10 were other factors such as the end of a           10 in some way encompass the impact of
       11 short squeeze or the bursting of a price          11 Robinhood's PCO restrictions on the
       12 bubble, the regression analysis that you          12 underlying stocks at issue in this case.
       13 just described would be unable to account         13     Q. All right.
       14 for those confounding factors, right?             14     A. But, again, this is all
       15     A. No, not necessarily. I don't               15 theoretical, right?
       16 know -- I mean, when -- when are these            16     Q. Right.
       17 events occurring? When is the bubble              17     A. You know, let's say, like you
       18 bursting? I mean, there is all sorts of --        18 said, let's say the Court determines that
       19 I guess your question is too general. I           19 there was a short squeeze or a bubble,
       20 would need to know more about this alleged        20 right, that would then be something that
       21 short squeeze or bubble bursting in order         21 you would need to take into consideration,
       22 to think about how that might affect such a       22 or one would need to take into
       23 model.                                            23 consideration in measuring damages.
       24     Q. And you have not studied a                 24     Q. All right. And am I right that
       25 short squeeze or burst of a price bubble to       25 you haven't given any thought yet as to how
                                                 Page 355                                             Page 357
        1             WERNER                                 1            WERNER
        2 see how that would affect a loss causation         2 you would go about taking such a finding
        3 or damages model, have you?                        3 into account?
        4     A. That's not something I have                 4    A. That's definitely not anything
        5 been asked to do at this point, right. I           5 I have been asked to do at this point in
        6 have just been asked to provide the damage         6 time.
        7 methodology framework, if you will. I              7    Q. All right. And you would agree
        8 haven't actually been asked to calculate           8 with me that the simple two-variable
        9 damages or opine on loss causation.                9 regression model, the intraday regression
       10     Q. And you haven't begun to do any            10 model that you have described that you have
       11 work on a damages model in using an               11 thought about theoretically doesn't provide
       12 intraday regression model, correct?               12 a means to account for those potential
       13     A. That is correct.                           13 other factors, right?
       14     Q. And even just as you have sat              14    A. Well, again, you are assuming
       15 here today, you changed your mind now about       15 that to the extent -- if you are making
       16 how you might go about constructing the           16 assumptions about those other factors, so
       17 independent variable, right, and that shows       17 in your hypothetical, we are going to
       18 that this is all very theoretical for you         18 assume that these things occurred. Does my
       19 at this point, right?                             19 simple model take into consideration
       20     A. Well, look, I mean, I don't                20 hypothetical things that might occur or
       21 know if I would agree with your statement         21 someone might find occurs? I don't think
       22 that it is very theoretical. I mean, this         22 so. But that -- again, it doesn't -- well,
       23 shows it all.                                     23 we will leave it at that.
       24          MR. ROSEN: What are you                  24    Q. Okay. You cited a report from
       25     pointing to?                                  25 the SEC staff; is that right?
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        2     A. I believe that's correct.                     2     Q. Do you agree that the price
        3     Q. All right. Let me hand you                    3 surge in GameStop raises questions of
        4 what I have just marked as Deposition                4 market efficiency that relate to short
        5 Exhibit 289, a document entitled Staff               5 selling?
        6 Report on Equity and Options Market                  6     A. Well, I'm trying to remember,
        7 Structure Conditions in Early 2021 dated             7 maybe I'm thinking --
        8 October 14th, 2021.                                  8         MR. ROSEN: What paragraph are
        9          (Defendant's Exhibit 289 marked             9     you reading from?
       10 for identification.)                                10         MR. RYAN: The bottom paragraph
       11     A. Okay.                                        11     on page 30.
       12          MR. ROSEN: What exhibit is                 12     A. Okay. So could you repeat your
       13     this?                                           13 question?
       14          MR. RYAN: 289.                             14     Q. Yes. Do you agree that the
       15     Q. And is this the SEC staff                    15 price surge in GameStop raises questions of
       16 report that you cite in your expert report?         16 market efficiency that relate to short
       17     A. I believe so, but let's just                 17 selling?
       18 look at my expert report here. I think I'm          18     A. It could.
       19 looking at the wrong report here.                   19     Q. Okay.
       20     Q. Let me direct you to page 30 of              20     A. I mean, again, but yes, it
       21 your rebuttal report marked as Exhibit 282          21 certainly could.
       22 to this deposition.                                 22     Q. Do you see that the next
       23     A. Page 30, okay.                               23 sentence reads "Staff have observed that it
       24     Q. Page 31.                                     24 was unusually costly to borrow shares in
       25     A. Oh, 31, sorry.                               25 GME"?
                                                   Page 359                                               Page 361
        1            WERNER                                    1            WERNER
        2     Q. Do you see on page 31 the                     2    A. I do see that.
        3 beginning of Note 50, you cite to the Staff          3    Q. In connection with your work in
        4 Report on Equity and Options Market                  4 this case, did you look into whether it was
        5 Structure Conditions in Early 2021 dated             5 unusually costly to borrow shares in
        6 October 14th, 2021?                                  6 GameStop?
        7     A. Correct.                                      7    A. Did I look into it? I mean, I
        8     Q. All right. So does it look to                 8 don't -- look, I mean, there was a ton of
        9 you as though Exhibit 289 is the same SEC            9 short interest in the stock, so people were
       10 staff report that you cited in your                 10 obviously shorting the stock regardless of
       11 rebuttal report?                                    11 how expensive it was.
       12     A. It does, yes.                                12    Q. Right. But I'm asking you
       13     Q. So if you could turn, please,                13 about the cost to borrow. Did you look
       14 to the bottom of page 30 of Exhibit 289.            14 into --
       15 Do you see that the last paragraph on this          15    A. Well, I mean, the cost of
       16 page begins "The price surge in GME also            16 borrowing would be included in the cost of
       17 raises questions of market efficiency that          17 putting on a short position, correct?
       18 relate to short selling"?                           18    Q. Did you look into whether it
       19     A. I do, yes.                                   19 was unusually costly at this time to borrow
       20     Q. And do you agree that the price              20 shares in GameStop?
       21 surge in GameStop raises questions of               21    A. I do not believe so.
       22 market efficiency that relate to short              22    Q. Okay. Do you see the next
       23 selling?                                            23 sentence reads "Academic research
       24     A. I'm sorry, could you reread the              24 implicates constraints on short selling as
       25 question?                                           25 a possible contributor to bubbles where
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        1            WERNER                                  1             WERNER
        2 stock prices rise above what may be                2 selling as a possible contributor to
        3 justified by fundamentals"?                        3 bubbles where stock prices rise above what
        4     A. Oh, yes, I do see that.                     4 may be justified by fundamentals?
        5     Q. All right. Do you --                        5     A. I mean, I will defer -- I mean
        6     A. And, sorry, it cites to a paper             6 refer to my previous answer.
        7 from 1978.                                         7     Q. Do you see then the SEC staff
        8     Q. Uh-huh.                                     8 writes "To the extent that GameStop was
        9     A. Okay.                                       9 costly and risky to short, the reluctance
       10     Q. A fairly well-known paper,                 10 to sell short could have contributed to the
       11 right?                                            11 run-up in prices and the subsequent steep
       12     A. Speculative Investor Behavior              12 decline"?
       13 in a Stock Market with Heterogeneous              13     A. I do, and then see -- I also
       14 Expectations. I have heard of Kreps.              14 see "While a short squeeze did not appear
       15 Fairly well known? I mean, maybe I read it        15 to be the main driver of events, and a
       16 at some point in my life. I don't know --         16 gamma squeeze less likely, the episode
       17 I don't know how to determine whether or          17 highlights the role and potential impact of
       18 not it was well known or not.                     18 short selling and short cover."
       19     Q. As you sit here today I gather             19     Q. So do you agree with the SEC
       20 you don't have that paper in mind?                20 staff that to the extent GameStop was
       21     A. Oh, you mean in terms of my                21 costly and risky to short, the reluctance
       22 familiarity with it?                              22 to sell short could have contributed to the
       23     Q. Yes.                                       23 run-up in prices and the subsequent steep
       24     A. Oh, yes, I do not, without                 24 decline?
       25 looking at it, I can't tell you exactly           25     A. I'm sorry, where are you
                                                 Page 363                                               Page 365
        1             WERNER                                 1            WERNER
        2 what was written in that report, or that           2 looking?
        3 academic work.                                     3    Q. The last full sentence of page
        4     Q. Do you agree, though, with the              4 30 on Deposition Exhibit 289.
        5 general proposition as stated by the SEC           5    A. Oh, sure, that is information
        6 staff that academic research implicates            6 that would impact -- I mean, that possibly
        7 constraints on short selling as a possible         7 could impact the stock price. I mean,
        8 contributor to bubbles where stock prices          8 those are -- those are certainly things
        9 rise above what may be justified by                9 that investors would take into
       10 fundamentals?                                     10 consideration when trying to value in this
       11     A. Well, again, I mean, there is a            11 case GameStop.
       12 lot of statements in there. So I don't            12    Q. All right. And am I right that
       13 know what the -- what the SEC meant by            13 you have not performed any analysis to
       14 fundamentals. Again, are we talking about         14 study whether or not the reluctance to sell
       15 fundamental efficiency or informational           15 short in fact contributed to the run-up in
       16 efficiency? I mean, that is certainly             16 prices for GameStop and the subsequent
       17 going to impact my answer to that question.       17 steep decline?
       18 So without knowing exactly what the SEC was       18    A. Well, I mean, other than what I
       19 talking about, I have -- I have a difficult       19 have read, that it is not a short squeeze,
       20 time answering that question.                     20 there was not a short squeeze, is that a
       21     Q. Okay. So is it the case, then,             21 possible factor? It is a possible factor
       22 that as a financial economist you are             22 that could have contributed to stock price
       23 unable to agree or disagree with the              23 changes.
       24 statement by the SEC staff that academic          24    Q. Okay. And you say that it is a
       25 research implicates constraints on short          25 possible factor that could have contributed
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        2 to the run-up in prices for GameStop and            2 of your two experts that a short squeeze
        3 the subsequent steep decline.                       3 did not occur. So you are asking me to
        4          MR. ROSEN: Mischaracterizes                4 assume -- did I do any searching into
        5     his testimony.                                  5 whether or not a short squeeze occurred? I
        6     Q. I take it you haven't studied                6 read people's testimony. I read people's
        7 whether it did or not, right?                       7 reports. I read what the SEC said. I
        8     A. I didn't study whether it did?               8 don't know. Is that under your umbrella of
        9 I believe --                                        9 investigation? You tell me.
       10          MR. ROSEN: Could you reread               10    Q. All right. I take it other
       11     the question?                                  11 than the things you just talked about, you
       12          THE WITNESS: Thank you.                   12 didn't do any separate analysis of whether
       13          (The record was read.)                    13 there was actually a short squeeze, right?
       14          MR. ROSEN: Objection to the               14    A. Did I do any additional
       15     question.                                      15 analysis? I believe that's correct.
       16     A. My belief is that the price of              16    Q. Could you turn, then, please to
       17 GameStop and all of these stocks                   17 page 28 in Deposition Exhibit 289.
       18 incorporated all information that was out          18         MR. ROSEN: So we have about
       19 in the public sphere. So to the extent             19    ten minutes left before we are at seven
       20 that people may have said there was a short        20    hours, just so you know. I'm giving
       21 squeeze, that would be incorporated in the         21    you the ten-minute warning on the
       22 stock price. I guess none of this was              22    clock.
       23 unknown to the market. Could it have               23    Q. And I'm focused here on
       24 affected the price? Absolutely. Because            24 footnote 78 which is a footnote about the
       25 that would -- people might take into               25 SEC staff's methodology. Do you see that
                                                  Page 367                                              Page 369
        1            WERNER                                   1            WERNER
        2 consideration how that might affect their           2 footnote, sir?
        3 opinion about value.                                3     A. I do see the footnote, yes.
        4    Q. Okay. And did you study                       4     Q. Okay. And do you see that their
        5 whether an actual short squeeze, as opposed         5 figure, and they are referring to Figure 6
        6 to discussion about a potential short               6 above on this page, shows the total buy
        7 squeeze, affected the run-up in price of            7 volume during half-hour intervals from
        8 GameStop and subsequent steep decline here?         8 January 19th to February 5th, 2021 of
        9    A. Well, so I haven't seen --                    9 traders identified as having a large short
       10 other than Mr. Fischel and to some extent          10 position in GME using data from CAT. Do
       11 Mr. -- or Professor Grenadier suggesting a         11 you see that?
       12 short squeeze may have caused the stock            12     A. Well, along with total buy
       13 price run-up, I haven't seen anyone say            13 volume and value-weighted average stock
       14 that a short squeeze actually occurred. So         14 price, I do see that.
       15 what you are asking me is a hypothetical           15          Look, if you want to ask me
       16 question.                                          16 about this, I'm going to have to look --
       17    Q. No, because my question is did               17 I'm going to have to refresh my memory as
       18 you study this question. That's my                 18 to exactly what was being stated here.
       19 question. It is not hypothetical. It is            19     Q. And you understand that CAT is
       20 actual -- either you did study it or you           20 the consolidated audit trail?
       21 didn't. So my question is did you actually         21     A. I believe that's correct. But,
       22 study whether there was an actual short            22 again, since you are asking about a
       23 squeeze?                                           23 specific footnote, usually footnotes are
       24    A. I relied on everyone's opinion,              24 extremely specific, and so they deal
       25 including your -- including the deposition         25 with -- they need to be looked at in the
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        1            WERNER                                    1            WERNER
        2 context of which they're being used. So              2 look at my documents relied upon.
        3 let me look here.                                    3     Q. So this is page 71 of your
        4     Q. Now, do you see that four lines               4 rebuttal report marked as Deposition
        5 from the bottom of the page, the SEC staff           5 Exhibit 282. Do you see there the Jones,
        6 writes "Note that since the CAT" --                  6 et al, working paper?
        7     A. I'm sorry, I'm not -- I'm going               7     A. Yes, I do see it.
        8 forward to get some perspective on exactly           8     Q. All right. And do you see in
        9 what's going on here since I don't remember          9 the abstract on the first page of Exhibit
       10 it. You are now -- now we are talking               10 290 that the authors studied a set of
       11 about footnote 78 again?                            11 trading restrictions in 38 stocks,
       12     Q. Yes, we are talking about                    12 including GameStop?
       13 footnote 78.                                        13     A. Yeah, that's what they said
       14     A. Okay.                                        14 they did.
       15     Q. So do you see that four lines                15     Q. All right. So the group of
       16 from the bottom the SEC staff wrote that            16 stocks that they study is not limited to
       17 "Note that since the CAT sample only begins         17 the nine at-issue stocks in this case,
       18 on December 24th, 2020 we are not able to           18 right?
       19 include FDIDs' inventory positions                  19     A. That is correct, yes.
       20 accumulated prior to this date"?                    20     Q. Did you note in fact that only
       21     A. I see that statement, yes.                   21 six of the nine stocks at issue in this
       22     Q. And do you see that the FDIDs                22 case are included in the group of 38 stocks
       23 are the firm designated identifications?            23 studied in Jones, et al?
       24     A. Correct.                                     24     A. I believe that's correct.
       25     Q. All right. And so do you have                25     Q. All right. And then if you
                                                   Page 371                                               Page 373
        1            WERNER                                    1             WERNER
        2 the understanding in looking at this SEC             2 could look with me, please, at Table 9,
        3 staff report that because of limitations in          3 which begins on page 61 and is entitled
        4 the consolidated audit trail sample, they            4 Individual Firm Regressions and continues
        5 were not able to include short inventory             5 on to page 62.
        6 positions accumulated prior to December              6     A. Okay.
        7 24th, 2020?                                          7     Q. And do you see here that we see
        8     A. That's what it states. I have                 8 in the left-hand column the list of 38
        9 no reason to think that's not correct.               9 stocks that are studied by Jones, et al?
       10     Q. Okay. Let me show you then                   10     A. Oh, maybe I'm on the wrong
       11 another article which you discuss in your           11 page. What page are you on?
       12 report. This will be Exhibit 290. This is           12     Q. Page 62.
       13 a working paper by Charles M. Jones and             13     A. Oh, I'm on page 60, I
       14 co-authors.                                         14 apologize. Okay.
       15         (Defendant's Exhibit 290 marked             15     Q. And do you see we see AMC in
       16 for identification.)                                16 the second row?
       17     A. Okay. I should point out, as                 17     A. I do.
       18 Professor Grenadier did, Charles M. Jones           18     Q. And I'm looking at what they
       19 is no longer with us.                               19 call the S1 estimated return. Do you see
       20     Q. So I gather. That's                          20 that that is not statistically significant
       21 unfortunate obviously.                              21 for AMC?
       22         All right. So is this the                   22     A. I do, yes.
       23 Jones, et al, working paper that you cite           23     Q. And do you see that the same is
       24 in your rebuttal report?                            24 true for Bed Bath & Beyond?
       25     A. I believe it is. Let's just                  25     A. That is correct.
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        1             WERNER                                  1             WERNER
        2     Q. And it is correct for Express                2     A. Okay, all right. So it is what
        3 as well, right?                                     3 I thought they were.
        4     A. Let me -- let me refresh my                  4     Q. Okay. So now with respect to
        5 memory as to exactly what S1 is.                    5 the fifth stock at issue in this case,
        6     Q. S1 are the PCO restrictions                  6 Koss, once again, the S1 return is not
        7 such as were imposed by Robinhood.                  7 statistically significant according to
        8     A. Can you point me to where it                 8 Jones, et al, on page 62, right?
        9 says that in the report?                            9     A. That is correct.
       10     Q. If you look at page 15, do you              10     Q. And for the sixth stock at
       11 see about eight lines down it says "The            11 issue in this case that's in their group,
       12 first set of restrictions (set 1) are              12 do you see that for Tootsie Roll the S1
       13 trading restrictions put in place by               13 return again is not statistically
       14 Robinhood Interactive Brokers and a few            14 significant?
       15 other brokerage firms. These begin before          15     A. Well, so, I'm sorry, I'm
       16 trading opens on January 28th"?                    16 forgetting, what is S -- so those returns,
       17          Do you see that?                          17 I don't recall what -- there is a column
       18     A. I do see that.                              18 one, two, three, essentially four things
       19     Q. I want to show you one other                19 over that say IV-RV S1 Estimate, and those
       20 thing.                                             20 things all appear to be statistically
       21     A. Go ahead.                                   21 significant. So I'm trying to remember, do
       22     Q. I think this would be genuinely             22 you know where the description of IV-RV in
       23 helpful.                                           23 the context of S1 estimates are?
       24     A. Genuinely helpful?                          24     Q. Yes. It's on page 61.
       25     Q. Yes. If you just look a few                 25     A. Oh, well -- oh, on page 61, I'm
                                                  Page 375                                             Page 377
        1            WERNER                                   1             WERNER
        2 lines down on page 15 do you see the                2 sorry.
        3 authors say "Increases on margin are                3     Q. Right. The sort of explanatory
        4 imposed by a second set of brokerage firms          4 paragraph that explains the table on the
        5 (set 2), notably TD Ameritrade"?                    5 following page, page 62.
        6          So that's my understanding of              6     A. Oh, I've got this backwards.
        7 what S1 and S2 mean in the Jones, et al,            7 I'm sorry. Okay, all right, thank you.
        8 working paper.                                      8     Q. So I think I was in the middle
        9     A. Okay, all right.                             9 of asking for Tootsie Roll, the sixth of
       10     Q. So back on page 62, in Table 9,             10 the stocks at issue that are in the
       11 we looked at the first three of the stocks         11 Jones --
       12 in the Jones, et al, group that are at             12          MR. RYAN: I have one more
       13 issue in this case. So I'm now looking at          13     minute. One more minute.
       14 the fourth one, GME. Do you see there the          14     Q. For Tootsie Roll, the final one
       15 S1 return is not statistically significant?        15 of the six stocks that are in the Jones, et
       16     A. Sorry, I'm just looking at                  16 al, group the S1 return, again, is not
       17 the -- I mean, I assume that's correct. I          17 statistically significant as shown in Table
       18 don't -- do you see a discussion as to what        18 9, right?
       19 the asterisks mean?                                19     A. That is correct.
       20     Q. Yes. The asterisk as described              20     Q. And so it's the case, then,
       21 on page 61 in the sort of explanatory note         21 that the Jones, et al, working paper for
       22 to Table 9, three lines from the bottom,           22 the individual firm regressions in Table 9,
       23 one, two and three asterisks denote                23 the S1 returns, which are the returns in
       24 significance at the 10 percent, 5 percent          24 response to Robinhood PCO restrictions, are
       25 and 1 percent levels respectively.                 25 not statistically significant for any of
                                                                                         95 (Pages 374 - 377)
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                                                  Page 378                                                Page 380
        1            WERNER                                   1            WERNER
        2 the six stocks at issue in this case                2 contain value relevant information, I
        3 included in their group, right?                     3 focused on the frequency of news releases
        4    A. Well, again, without going                    4 on each day during the relevant period for
        5 through the entire paper and refreshing my          5 each Affected Company," so the term "value
        6 memory as to exactly what period S1 was             6 relevant information," what did you mean by
        7 measured over, so I don't, as I sit here            7 that?
        8 today, at the end of seven hours of                 8         MR. RYAN: Objection to form.
        9 deposition, I don't recall what S1 is. As           9     A. I didn't mean that in the sense
       10 a practical matter, just looking at this           10 of fundamental efficiency, I meant it in
       11 table, right, all six of those things that         11 terms of information that would be material
       12 you mentioned are statistically                    12 to investors, and so as we've seen, you
       13 insignificant.                                     13 know, throughout the day, lots of different
       14    Q. All right.                                   14 information that is potentially material to
       15    A. What that means, I don't                     15 investors, among things, including things
       16 remember.                                          16 like stock prices.
       17          MR. RYAN: Okay. Thank you for             17         Again, we are talking about
       18    your time, Dr. Werner.                          18 people who might be momentum traders or
       19          MR. ROSEN: I have got a couple            19 Chartis. So it might be different for
       20    of questions for the witness.                   20 different -- different people might value
       21 EXAMINATION BY MR. ROSEN:                          21 things differently, but in terms of what I
       22    Q. Do you have your opening                     22 meant, I didn't mean in terms of -- I
       23 report, Dr. Werner?                                23 didn't mean valuation in terms of the
       24    A. Declaration, here we go.                     24 fundamental valuation that the two defense
       25    Q. Could you please go to                       25 experts talk about market efficiency. I
                                                  Page 379                                                Page 381
        1            WERNER                                   1            WERNER
        2 paragraph 68, page 28.                              2 meant it in terms of what is important to
        3     A. Paragraph 68.                                3 investors.
        4     Q. Yeah.                                        4    Q. Okay. Let's go to your
        5     A. Okay, I'm there.                             5 rebuttal report, paragraph 115. It says --
        6     Q. Now, earlier you were asked                  6    A. I'm sorry, I'm not there yet.
        7 questions about this paragraph, and                 7 I apologize.
        8 specifically there was a sentence in it, I          8    Q. Tell me when you're there.
        9 believe it was the second sentence, it              9    A. Okay.
       10 reads "To remain as objective as reasonably        10    Q. The first sentence says
       11 possible, I broadly defined 'news days' as         11 "Because these markets were efficient
       12 any day with news releases about a subject         12 during the immediate pre-class period,
       13 company that can be identified through the         13 there is no need to deviate from using
       14 news aggregating database, Factiva." I'm           14 market prices to establish the appropriate
       15 sorry, it continues on, "In order to" --           15 but-for price absent the alleged market
       16 then it continues on to the sentence that          16 manipulation."
       17 reads "In order to isolate a test sample of        17         Now, did you mean by that
       18 news days that would be more likely than           18 sentence that if it were determined by a
       19 not to contain value relevant information,         19 factfinder that the markets for these
       20 I focused on the frequency of news releases        20 stocks, nine stocks, were inefficient, that
       21 on each day during the relevant period for         21 the January 7th price would not, market
       22 each Affected Company."                            22 price, would not be an appropriate but-for
       23          So the sentence I just read,              23 price?
       24 "In order to isolate a test sample of news         24         MR. RYAN: Objection, leading.
       25 days that would be more likely than not to         25    A. I think you said January 7th.
                                                                                          96 (Pages 378 - 381)
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                                                 Page 382                                                 Page 384
        1             WERNER                                 1            WERNER
        2     Q. January 27th.                               2 believe that the results would be identical
        3     A. January 27th. So no, you could              3 to the results here if you eliminated these
        4 still use it. I mean, it would be an               4 variables that are irrelevant to the
        5 appropriate price.                                 5 question at hand, which would be how the
        6     Q. Okay. My last question, this                6 equity -- how the stock prices changed upon
        7 exhibit, the last exhibit, the Jones paper.        7 the implementation of the restrictions on
        8 What exhibit number is that? Do you have           8 January 28th?
        9 the Jones paper in front of you? Why don't         9          MR. RYAN: Objection to form.
       10 you grab it.                                      10     A. Could you reread the question,
       11     A. I have already screwed that up.            11 please?
       12     Q. So I want to ask you about                 12          (The record was read.)
       13 Table 9. Mr. Ryan just showed you Table 9,        13     A. There is no reason to believe
       14 and there is a regression, some individual        14 that they would be identical.
       15 firm regressions on page 62.                      15          MR. ROSEN: Okay. I have no
       16     A. Yes, I see that.                           16     further questions.
       17     Q. So I don't -- I mean, it is a              17          You can redirect on those three
       18 complicated table. But is it -- for each          18     issues if you would like.
       19 individual stock that is being studied, are       19          MR. RYAN: That's fine. I have
       20 the options and the equity and all these          20     no questions.
       21 other variables, in other words, does this        21          MR. ROSEN: All right, thank
       22 regression include both stock options and         22     you.
       23 other securities other than the stock             23          THE VIDEOGRAPHER: This will
       24 itself in the regression so that it is            24     end media unit eight and conclude the
       25 capturing effects to more than just the           25     deposition of Dr. Adam Werner. We are
                                                 Page 383                                                 Page 385
        1            WERNER                                  1          WERNER
        2 stock but effects to option prices as well?        2    going off the record at 6:52, 5-3-23.
        3         MR. RYAN: Objection to form.               3
        4    A. Right. So it incorporates all                4        [TIME NOTED: 6:52 p.m.]
        5 these additional variables, and to the             5
        6 extent that these things might be                  6
        7 correlated, it can -- it is certainly going        7
        8 to affect the statistical significance as          8
        9 well as the actual returns calculated here.        9
       10    Q. All right. So if a financial                10
       11 economist wanted to do a regression               11
       12 analysis just to see how the restrictions,        12
       13 the PCO restrictions, affected these stock        13
       14 prices, these nine stock prices, they would       14
       15 not include all of this data about options        15
       16 volume and bid/ask spreads, they would just       16
       17 focus on the stock and they would have            17
       18 different results than this regression; is        18
       19 that right?                                       19
       20         MR. RYAN: Objection, leading.             20
       21    A. I believe the initial step one              21
       22 would take -- would be a univariate               22
       23 analysis as you described it, so just             23
       24 looking at the S1.                                24
       25    Q. But is there any reason to                  25
                                                                                         97 (Pages 382 - 385)
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                                                              Page 386                                               Page 388
        1 IN RE JANUARY 2021 SHORT SQUEEZE                                1
             TRADING LITIGATION                                           2         CERTIFICATION
        2 5/3/2023 - ADAM WERNER, Ph.D.                                   3
        3          ACKNOWLEDGEMENT OF DEPONENT                            4    I, TODD DeSIMONE, a Notary Public for
        4     I, ADAM WERNER, Ph.D., do hereby declare                    5   and within the State of New York, do hereby
        5 that I have read the foregoing transcript,                      6   certify:
        6 I have made any corrections, additions, or                      7    That the witness whose testimony as
        7 changes I deemed necessary as noted on the                      8   herein set forth, was duly sworn by me; and
        8 Errata to be appended hereto, and that the                      9   that the within transcript is a true record
        9 same is a true, correct and complete                           10   of the testimony given by said witness.
       10 transcript of the testimony given by me.                       11    I further certify that I am not related
       11                                                                12   to any of the parties to this action by
       12 _________________________ _______________                      13   blood or marriage, and that I am in no way
       13 ADAM WERNER, Ph.D.                      Date                   14   interested in the outcome of this matter.
       14 *If notary is required                                         15    IN WITNESS WHEREOF, I have hereunto set
       15                                                                16   my hand this 3rd day of May, 2023.
       16       SUBSCRIBED AND SWORN TO BEFORE ME THIS                   17
       17       ______ DAY OF ________________, 20___.                   18        <%3879,Signature%>
       18                                                                          _______________________
       19                                                                19
       20       __________________________                               20          TODD DESIMONE
       21       NOTARY PUBLIC                                            21          * * *
       22                                                                22
       23                                                                23
       24                                                                24
       25                                                                25
                                                              Page 387                                               Page 389
        1
        2      INDEX
                                                                          1   IN RE JANUARY 2021 SHORT SQUEEZE
        3                                                                     TRADING LITIGATION
            WITNESS    EXAMINATION BY           PAGE
        4                                                                 2   5/3/2023 - ADAM WERNER, Ph.D.
          WERNER        RYAN                5                             3         ERRATA SHEET
        5         ROSEN               378
        6                                                                 4   PAGE_____ LINE_____ CHANGE_________________
               EXHIBITS
        7                                                                 5   ___________________________________________
          DEFENDANT'S DESCRIPTION                 PAGE                    6   REASON_____________________________________
        8 Exhibit 281 Declaration of Dr. Adam 22
                 Werner                                                   7   PAGE_____ LINE_____ CHANGE_________________
        9 Exhibit 282 Rebuttal Report of     22
                 Dr. Adam Werner
                                                                          8   ___________________________________________
       10 Exhibit 283 Deposition of Dr. Adam 89                           9   REASON_____________________________________
                 Werner dated 4/24/14
       11 Exhibit 284 Declaration of Dr. Adam 161                        10   PAGE_____ LINE_____ CHANGE_________________
                 Werner                                                  11   ___________________________________________
       12 Exhibit 285 Paper by Ferrillo    210
          Exhibit 286 Printout from Factiva 242                          12   REASON_____________________________________
       13 Exhibit 287 Printout from Factiva 312
          Exhibit 288 Analysis in Response to 327
                                                                         13   PAGE_____ LINE_____ CHANGE_________________
       14        Werner Rebuttal Report                                  14   ___________________________________________
                 Table 7
       15 Exhibit 289 Staff Report on Equity 358                         15   REASON_____________________________________
                 and Options Market                                      16   PAGE_____ LINE_____ CHANGE_________________
       16        Structure Conditions in
                 Early 2021                                              17   ___________________________________________
       17 Exhibit 290 Paper by Jones       371
       18                                                                18   REASON_____________________________________
          DIRECTIONS NOT TO ANSWER                                       19   PAGE_____ LINE_____ CHANGE_________________
       19
          Page Line                                                      20   ___________________________________________
       20    (NONE)
       21
                                                                         21   REASON_____________________________________
       22                                                                22
          REQUESTS
       23                                                                23   _________________________ _______________
          Page Line                                                      24   ADAM WERNER, Ph.D.       Date
       24    (NONE)
       25                                                                25

                                                                                                       98 (Pages 386 - 389)
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     [& - 1c]                                                               Page 1

              &          103 125:18              215:19 237:4     156 109:22,25
      & 1:15 2:8 3:22    109 213:22            122 90:23            110:2
        4:15 41:16       1099 7:14,16,21         91:18 92:19      16 5:14
        126:14 197:25      9:4 10:21             93:23            161 387:11
        199:18 200:9       254:7,7             123 93:24          16th 22:20
        313:10,15,23     10:46 35:11             94:14,20           162:3
        316:7 373:24     10:50 35:14           124 89:16,18,18    17 42:18,25
                         11 137:14,16            89:20 96:3         43:2 94:14,21
              0
                           140:21                98:15,19         172 109:14
      0.71 331:9,12      112 212:12            125 89:20          176 179:18
              1          115 282:3               90:24 98:20        185:16 196:2
      1 13:16,20           283:10 284:21         108:21,25        176.03 109:18
        25:19 31:8         286:16,21,22        12:56 136:9,10     18 84:10 92:20
        41:5,12 44:18      287:13 381:5        12th 91:22 93:2    19 96:11 98:15
        44:20 57:21      117 212:11              115:25             98:19
        122:2 159:23       213:2,4 216:3       13 92:20           1978 362:7
        180:17 181:5     118 244:8               333:24           1989 170:14
        186:3,16           245:19              131 108:19         1993 19:22
        196:10,18        118.43 110:5          132 108:4,5,17     19th 91:21
        201:2 350:25     119 210:23,24           108:25             92:25 369:8
        352:2 374:12       211:7,13,16         138.05 109:7       1:21 1:4
        375:25             212:23 213:6        13th 93:9,10       1:38 137:3,6
      1,000 294:20,23      213:20 215:19       14 212:16,16       1a 180:5,9
        295:12           11:41 76:25             332:8,11 333:4     181:5 184:3,15
      10 53:14 65:8,9    11:49 77:4              333:13,15          184:23 199:7
        246:8 298:5      12 39:7,9,13,13       143 242:19           200:3 201:2
        325:17 353:5       40:10 55:16         149 259:22         1b 180:6
        375:24             60:5 125:11,14        260:2 261:10       185:15 186:4
      100 39:21            352:25 356:3        14th 358:8           186:16 187:15
        110:14,23        120 214:21              359:6              199:7 200:3
        276:16             215:7 216:22        15 218:21            201:2
      10016 2:4            217:8 235:6           353:5 374:10     1c 180:6 195:24
      10019 2:9            237:3                 375:2              196:3,10 197:5
      102 39:12          121 211:17            150 252:17,22        197:16 199:7
        212:7,12,13        212:23 213:6                             200:3

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              2            55:7 60:3           21st 317:9           122:12 123:23
      2 7:21 31:8          109:6,17 110:4      22 42:11 98:21       124:3,20 128:8
        32:3,7,15,21       110:10 112:16         256:3 321:13       128:18,25
        46:18 47:12        113:9 115:10          387:8,9            129:8,11,13,22
        53:14 159:24       116:8,16            23 98:21             130:8,13,23
        211:8 328:8        117:21 119:18         137:14,16          132:3,6 134:4
        329:12 331:17      121:23 122:5          139:15 141:12      134:13 135:15
        375:5              122:12 123:24         255:13,16          317:9 320:13
      2's 33:2,13          124:4 125:6           256:3,4            382:2,3
      20 51:23             126:7,13            242 387:12         28 143:20
        142:11 213:11      127:19 128:8        24th 89:9,13         153:22 156:3
        219:10 225:12      128:19,25             315:9,24           202:7 368:17
        246:13 353:6       129:8,13,22           370:18 371:7       379:2
        386:17             132:4,7 134:4       25 21:2 51:21      281 21:20,20
      2004 190:14          134:13 135:15         68:16 89:17,20     22:8,12,15
        203:13 204:4       186:11 227:25         142:11             23:3 25:17
        212:2 222:23       228:9 315:9         253 117:14,14        31:9 32:2,9
        226:13 227:6       317:9 320:13        26 121:2,6           40:25 41:4
      2012 91:22           325:16 358:7,8        122:18 198:24      44:17 46:19
        93:2,9 196:12      359:5,6 369:8         200:15             55:12 61:13
      2013 93:10           386:1 387:16        26th 97:23,25        107:24 121:3
      2014 71:2            389:1               27 122:18            122:2 137:13
        89:10 196:13     2022 162:4              132:20,25          201:22 202:22
        196:21 197:3       166:15 171:5          325:15             243:3 255:3,7
      2015 9:11,24,25    2023 1:9 8:18         275 2:3              325:5 387:8
      2016 186:10          22:20 23:5,12       27th 42:3 43:7     282 21:20,22
      2019 181:13          177:17 179:21         45:4 54:15,21      22:10,13 23:10
      2020 115:25          388:16                55:6 60:3 98:3     32:14,22 36:9
        122:4 245:15     21 3:21 40:15           109:6,17 110:4     42:19 55:13
        245:20 370:18      65:8,20 316:25        110:10 112:16      66:24 73:23,23
        371:7              322:14 330:13         113:9 115:10       257:25 281:23
      2021 1:6 3:18        330:17 333:20         116:8,16           286:20 316:13
        39:16 42:4,16      333:24                117:21 118:22      358:21 372:5
        42:21 43:6,7     210 387:12              119:18 120:10      387:9
        45:4 54:21                               121:22 122:5

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      283 89:6,11        2:29 179:13                   4         52 255:15
        387:10             251:2               4 61:14,16          256:23 319:11
      284 161:22                 3               89:20 98:20       321:13,18
        162:2,10                                 236:6,9         53 199:4
                         3 1:9 41:6,9
        202:21 387:11                          4/24/14 387:10      200:15
                           44:18,20 332:5
      285 210:18,20                            40th 2:4          5:03 312:23
                           333:3,8,12
        211:3 235:5                            41 162:10,11      5:09 313:4
                         30 162:23,24
        387:12                                   258:2,3         5:48 348:12
                           163:3,4 172:23
      286 242:5,9                              44 39:8 125:15    5th 369:8
                           298:6 358:20
        243:12,25                                243:5                   6
                           358:23 359:14
        245:19 387:12                          45 125:20
                           360:11 365:4                          6 185:20,23
      287 312:25                                 126:24 127:8
                         31 201:22                                 186:7,18 187:6
        313:8 314:6                            46 243:5
                           202:4 203:5,6                           187:18 188:20
        387:13                                   317:10
                           358:24,25                               189:19 199:15
      288 327:4,6,8                            47 317:10
                           359:2                                   218:14 219:5,8
        327:11,20                              4:00 128:13,19
                         312 387:13                                219:14,17,19
        328:8 329:12                             129:7
                         316 314:5                                 220:2,7,11,21
        331:17 332:5                           4:02 251:14
                         327 387:13                                222:5,15
        333:4,12                               4th 8:8 43:6
                         34 140:20                                 261:16 262:3
        387:13
                           325:7,10                    5           369:5
      289 358:5,9,14
                         35 66:24 69:24        5 46:18 96:3      60 373:13
        359:9,14 365:4
                           69:25 140:20          184:18 216:22   61 373:3
        368:17 387:15
                         358 387:15              318:25 375:24     375:21 376:24
      28th 23:12
                         36 73:25                387:4             376:25
        39:16 122:4
                         360 253:10            5-3-23 3:4        62 121:2,4
        125:6 126:7,13
                         37 74:9                 385:2             373:5,12
        127:19 129:12
                         371 387:17            5/3/2023 386:2      375:10 376:8
        129:19 179:20
                         378 387:5               389:2             377:5 382:15
        245:15,20
                         38 372:11,22          50 13:18          63 123:18
        374:16 384:8
                           373:8                 247:19 296:17     135:24
      290 371:12,15
                         3879 388:18             330:18 359:3    64 256:24
        372:10 387:17
                         39 54:10              50/50 10:9          257:2
      2989 1:4 3:21
                         3:51 251:11           500 252:17        65 10:13
      2:24 179:10
                         3rd 8:9 177:17        51 282:2          67 143:19,21
                           388:16                286:19 334:23
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     [68 - academic]                                                        Page 4

      68 153:11          7d 109:23             93 53:8            abnormal
        379:2,3          7f 109:14             95 184:20            109:12 111:2,6
      6:07 348:15        7th 381:21,25           197:22 330:21      111:9,17,19,20
      6:52 385:2,4               8             96 36:16 54:10       111:25 115:25
      6a 36:12,14,23                             199:10,25          123:21 124:4
                         8 61:15,19 62:5
        38:23                                    200:14,20          145:8,9 293:12
                           62:11,22 63:4
      6i 36:13,14,23                             257:21 258:5       293:13,15,17
                           94:14,20
        38:23                                    261:7,8 262:8      293:19,23
                           174:20 175:2
              7                                9:54 127:3,11      above 362:2
                           185:19,24
                                                       a            363:9 364:3
      7 40:14,16,21        186:7,18 187:6
                                                                    369:6
        42:11,12 236:3     187:18 188:19       a.m. 1:9 3:4
                                                                  absence 131:15
        236:9 258:7        189:19 199:14         126:6,13 127:3
                                                                    148:20,22
        316:25 319:18      218:14,20,23          127:11,18
                                                                    249:24
        322:14 324:11      218:25 219:5,8      aaron 314:10
                                                                  absent 282:9
        326:10 327:17      219:13,20             314:19 316:6
                                                                    283:15 284:4
        327:22 330:11      220:2,5,7,11,20     abandon
                                                                    285:13 287:17
        330:18 334:24      222:5,15              232:24
                                                                    288:12 290:20
        335:7,16         82 66:23 69:16        abandoned
                                                                    381:15
        387:14             69:20 70:4,17         232:23
                                                                  absolutely
      700 294:15,22        71:11 72:6          ability 105:25
                                                                    143:5 169:21
        295:11           825 1:15 2:9            195:19 289:6
                                                                    179:5 187:10
      71 132:20            3:23                able 34:23
                                                                    250:9 312:12
        133:5 372:3      84 73:25                46:23 47:13
                                                                    350:9 366:24
      74 203:5,6,8       86 74:8                 96:4 120:7
                                                                  abstract 372:9
      75 163:2,7         89 74:10,24             147:12 170:2
                                                                  absurd 284:14
      76 163:2,7           170:8 387:10          208:17 209:14
                                                                  academia
        261:12                   9               210:6 214:14
                                                                    103:6 138:8,18
      77 162:18,19                               214:16 276:8
                         9 53:14 325:6,8                            139:6
        171:4,22                                 296:24 302:12
                           325:13 373:2                           academic 18:17
        172:17,21,22                             304:14 307:8
                           375:10,22                                18:21 19:3
        173:12                                   331:20 337:13
                           377:18,22                                33:17,24 34:16
      78 368:24                                  339:20 340:19
                           382:13,13                                49:16 72:24
        370:11,13                                346:8 347:12
                         90 276:16                                  73:8 78:7
      7a 107:6 108:7                             352:15 353:22
                                                                    102:9,11
        108:17,20                                370:18 371:5
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                                     of 190

     [academic - adjusted]                                                  Page 5

        132:21 133:6     account 174:25        action 4:6,20        57:24 66:22
        168:2,5,6          189:11,11             13:23,24 14:3      156:20 183:6
        169:6,8,18         219:3,3 258:14        14:5,20,23         207:16 248:19
        209:21,23          261:18 349:22         15:4,13,16         253:23 267:10
        216:11,13          350:19 353:22         22:17 23:5,12      276:23 316:5
        257:18 291:17      354:13 357:3          24:18 68:4         355:8 367:14
        342:23 343:23      357:12                71:5,8,15 72:9     367:21 368:13
        361:23 363:3,6   accounting              77:12 78:2,16    adam 1:12 3:16
        363:24             227:7                 78:22 141:25       5:12,16 21:21
      academically       accumulated             277:5 278:20       21:22 89:7
        66:16 331:21       370:20 371:6          279:2,13 280:7     162:3 384:25
      academicians       accurate 7:5            293:24 388:12      386:2,4,13
        141:22             9:15 15:2           actions 15:8         387:8,9,10,11
      academics            77:14 84:6            61:10 103:25       389:2,24
        140:12 142:2       94:18 120:6,23        122:22 123:4     add 342:15
      accept 137:21        121:25 128:4          123:11 124:12    adding 51:18
        139:20 141:4       133:21 141:20         124:22,25        addition 32:17
        141:14 192:8       142:3 143:17          125:4 130:3,14     32:20
      acceptable           146:15 181:10         130:21 167:3     additional
        194:6              186:24 192:3          167:18,24          24:19,21 25:4
      acceptance           200:22 210:10         168:15 169:12      25:8,13 43:16
        175:6              210:13 220:4          173:15 287:24      43:21 44:3,10
      accepted 103:2       244:6 266:13          350:8              48:2,5,6 57:15
        103:6 122:24       268:22 295:7        actual 50:13         95:23 282:17
        190:11,12,21       301:10 302:24         185:11 276:12      282:23 283:20
        191:20 192:24      307:13 330:9          293:21 367:5       330:5 368:14
        193:6,10         accurately              367:20,22          383:5
        208:11             93:20 99:14           383:9            additionally
      accepting            286:12 302:19       actuality            199:12
        192:10,19          303:11                267:12           additions 386:6
      accepts 195:12     acknowledge...        actualization      address 332:25
      accident             386:3                 314:12 316:7     adjunct 21:4
        246:14           act 53:14             actually 6:13      adjust 350:8
      accompanied          336:11 337:4          7:25 35:4        adjusted
        37:17              337:21 338:10         37:24 38:5         110:18

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                                     of 190

     [adjustment - ahead]                                                Page 6

      adjustment           383:13           219:10 225:12        265:21 266:10
        287:22           affecting 62:17    231:13 323:10        267:21 270:11
      adjustments        affects 35:24    agree 3:13             271:2,5 273:4
        288:2,5            63:13 275:8      62:18 65:10          275:3,3,11
      administer 4:4     affiliate 10:22    66:8 68:22           276:15 279:8
      admission          affiliated 7:3     69:7 75:25           283:22 285:10
        327:6              9:4,10 11:9      76:11 82:22          287:20 288:4
      admits 67:3          53:7,18 253:13   83:24 84:12          290:17 292:11
      adopt 142:12         254:3 282:16     86:11,23 92:21       293:11 295:6
        206:22             282:21 283:5     93:25 100:9,14       295:22 297:8
      adopted 175:17     affiliation        105:10 110:7         299:3,13 300:5
        204:9 205:2,11     10:25            111:5 112:3          301:3,14 302:8
        205:13           affiliations       119:6 127:15         305:20 306:18
      advised 227:11       4:12             131:13 135:14        320:20,25
      affect 34:9 49:3   afield 268:16      138:5,18 139:6       336:8,19,22,25
        50:10 59:13      aftermarket        140:2 141:3,13       337:13 338:7
        63:18 87:25        128:24 129:6     142:4,17             338:22 339:4
        135:7 224:2      afternoon          143:11 149:24        339:15,21
        240:9 349:23       137:10,11        150:4,21             340:9,12
        354:22 355:2     agarwal 252:3      153:24 158:17        342:16 344:2
        367:2 383:8      aggregate          187:2 213:18         344:10,24
      affected 25:24       47:21,23 48:8    213:23 214:5         345:11 346:9
        25:24 26:5,23      48:10 277:6      215:4,10,13          346:12,17
        27:18 36:25      aggregating        217:9,16,18          347:13 350:12
        39:15 41:13,25     379:14           219:19 222:17        355:21 357:7
        44:23 67:6,8     agitated 311:11    223:11 224:6         359:20 360:2
        123:19,22        ago 21:3 51:23     224:23 225:11        360:14 363:4
        126:19,20          59:17 81:14      232:5 235:17         363:23 364:19
        155:22 156:9       89:14 91:5       236:18 237:8       agreed 273:20
        237:7,13,24        99:12 100:15     240:12 244:22        336:11 337:4
        238:18 255:24      104:11 105:11    245:25 246:6         337:21 338:10
        287:3 292:13       105:16 106:3     246:23 247:11      ah 339:15
        310:13,18,25       117:17 162:15    248:8 250:16       ahead 37:7
        366:24 367:7       166:15 196:22    250:20,20            59:8,24 69:25
        379:22 380:5       216:17 218:22    262:6,14,22          83:11 86:10

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                                     of 190

     [ahead - answer]                                                       Page 7

        88:11 89:14      allow 106:25            93:12 122:19     andre 266:11
        152:23 165:3       106:25 335:17         124:18,18        announcement
        213:4 215:20     allowed 216:6           129:21 137:19      123:23 148:9
        232:9 281:25       309:25                138:3,20 139:8   announcements
        303:8 315:3      allows 299:11           139:17 144:20      148:6,8 173:8
        333:10 345:20    alluded 18:17           147:10 156:16      173:9 174:17
        346:14 347:10      198:18                205:10,10          176:4,23
        374:21           alter 76:13             208:11 223:2       177:10,18
      akin 124:12        altered 312:2           233:6 241:25       180:20 181:4
      aktas 133:12       amc 41:15               248:5 249:24       182:8 218:4
        134:6 135:22       108:10 109:7          277:11 292:20      222:20 223:14
      al 140:22            110:8 113:11          298:4 301:23       236:17 237:18
        203:12 207:2       115:9,11              318:7 322:15     answer 10:20
        207:12,22          126:14 199:18         322:23 326:24      15:6 17:2
        208:21 211:3       200:9 300:16          327:16 328:4       21:13,14 30:18
        214:22 222:21      373:15,21             328:15,19,20       39:5 46:8
        223:15 224:24    amend 23:16             329:18 330:4       48:20 69:4
        225:15 226:7     ameritrade              335:8 338:2        74:20,24 76:10
        235:4 236:2,25     375:5                 348:22 349:2       79:7 81:8,9,13
        238:6,14         amicus 206:11           349:21 350:13      81:16,18,24
        239:10,16        amount 296:4            351:5 352:11       91:8,14 92:17
        240:14 371:23    analogous               354:8,12           93:13,19 94:8
        372:6,23 373:9     123:7                 365:13 368:12      95:17,19 96:10
        375:7,12 376:8   analyses 43:21          368:15 383:12      96:11 97:15
        377:16,21          44:4,10 61:19         383:23 387:13      98:5,14,18
      alex 251:24,25       61:22 67:5          analyst 140:18       99:14,22
      alleged 61:9         140:9 256:20          236:8 338:17       100:21,22
        282:9 283:15       282:18,24           analyze 27:18        105:24 106:24
        284:4 285:14       283:20 298:21         29:3,11 30:3       115:17 116:25
        287:17 288:12      298:21 306:6          294:6              118:10 119:22
        290:21 353:14    analysis 24:19        analyzed 31:13       128:4,6 131:22
        354:20 381:15      24:22 27:16,24        94:2 95:6          134:9 147:12
      allen 265:23         28:4,4 31:19          317:15,18          153:8 157:18
        268:7,8            40:19,23 43:5       analyzing            157:22,23
                           43:16 63:11           27:17 91:20        160:11,13

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                                     of 190

     [answer - approximately]                                               Page 8

        167:14 172:2       311:3 320:8         appear 364:14        82:7,19 85:13
        175:22 188:9     answering               376:20             86:4 105:19
        195:17 207:16      248:24 307:11       appearance           111:24 165:6
        208:17,18,25       308:3 312:14          4:10               215:12 314:4
        209:7,8,13,18      363:20              appearances        applying 101:9
        209:23 210:2,6   answers 59:17           4:11               102:2,7,16,17
        210:10 214:14      118:14 130:6,7      appearing 6:3        102:19 103:4,7
        214:16 215:25      231:13 307:13         18:20 325:18       103:16,17,18
        220:13,15        ante 158:5,15         appears 23:9       appreciate
        231:13 238:21      159:13 160:22         23:13 40:15        60:25
        249:8 256:16       163:23 173:4          41:5 46:18       approach
        256:18 260:16    anticipate              59:4 171:11        188:13 191:2
        260:19,19          255:5                 183:8 230:20       191:21,21
        265:7 272:15     anticipated             244:18 291:8       192:2,7,11,20
        273:24 276:7,9     315:5                 315:6,20,22        193:11,12
        285:21 286:5     antony 2:10             325:6 334:13       194:6 219:8
        286:12 291:13      4:14                  336:9 337:2,19     233:3
        300:2 302:12     anybody 25:7            338:8 342:12     approached
        302:19 303:11      223:9               appended             79:10 80:4
        304:14,17        anymore                 386:8            appropriate
        305:3,6,16         107:20              appendix             157:25 158:2
        307:8,19         anyway 91:7             242:22             158:11 159:11
        309:20 310:2,6   apart 24:16           apple 34:14          160:19 164:3,7
        311:15,18,21       74:5                application          167:12 177:3,5
        337:12 340:5     apologize 188:7         159:5 196:4        177:12,22
        340:19 343:14      257:2 261:11        applied 85:25        233:7 282:8
        343:20 345:3       311:13 333:7          163:13 171:25      283:14 284:3
        346:7,12 348:5     373:14 381:7          172:16 173:11      285:13 287:16
        363:17 364:6     apparent                174:3 176:3        288:11 290:20
        387:18             229:19 336:8        applies 46:25        381:14,22
      answered             336:25 337:18         180:9 185:18       382:5
        21:12 150:18       338:7,14,15,15        291:6            approval 178:9
        195:18 270:9     apparently            apply 77:12,15     approximately
        289:5 300:10       214:11 259:24         79:13 80:8,13      8:17 11:24
        300:22 309:14                            80:25 81:3,10

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                                     of 190

     [approximation - assistance]                                        Page 9

      approximation        371:11           60:21 77:18          210:16 213:17
        252:16           articles 18:12     81:20 94:15          216:9 239:14
      april 8:8,9 89:9     33:17,20,22,25   112:10 140:9         260:11 263:16
        89:13              34:17 35:23      150:19,19,20         271:23 273:10
      arbitrage            36:4 48:23       160:5 167:14         279:8 284:20
        278:17             72:24 132:21     213:7 260:14         289:2,21
      area 6:6 276:24      133:6 169:22     260:15,17            299:22 300:17
      argue 114:18         170:18,20        266:21 277:2         303:20,22
      arguing 265:12       225:2 228:7      281:15 299:2         306:20 309:23
      arrive 175:12        229:16 231:17    309:4,10 310:8       310:3 311:19
        176:18 236:23      232:22 233:21    311:4,7 342:4        323:6 329:7
        241:25             234:24 242:24    349:18 351:3         336:18,23
      arrived 232:17       243:16,22        351:13 352:8         350:7,11
        319:24 336:2       244:24 246:4     352:13 355:5,6       361:12 367:15
      article 19:11,19     246:13,19,24     355:8 357:5          368:3 369:22
        74:10 133:9        247:7,8,12,20    379:6                377:9
        135:22,25          248:9 250:4,16 asking 18:22         asks 92:21 96:3
        136:3 168:10       253:16 254:2     19:4 28:18         aspect 226:6
        168:17,20          291:17 295:23    29:14,16,18        assertion 152:8
        170:9,15           295:25 296:6,8   51:15 60:16          298:17
        203:16,20          296:17,19,22     69:9 71:24         assessing 221:8
        204:17 205:17      316:5 325:17     72:4 79:4,24       asset 74:4,18
        205:21,24        artificially       88:11 92:5,11      asset's 67:13,15
        213:12,12,15       258:16 261:19    93:22,25 94:6      assets 52:6
        214:10,12        aryan 2:11         94:10,11 95:9      assign 223:24
        223:22 226:7     aside 201:18       101:16 104:12        224:11,15
        235:4 241:18       316:11           104:13,14          assignment
        241:19,22        asked 15:9 24:5    113:18 116:13        26:13,17 27:25
        243:23 244:11      25:6,11 26:3     117:18 118:25        28:7 30:16,22
        244:24 245:13      26:13 28:5,14    119:3 120:12         30:25 31:4,6
        245:18 246:2       28:15,15 30:7    143:6 152:7          31:20 79:10
        247:23 257:4       30:11 37:15      157:10 158:9         80:5
        313:18,18          49:25 51:2       158:24,25          assistance
        314:9,9,15         57:2,12 58:9     169:7,17             46:22 47:7,8
        315:6,23           58:10 60:9,13    172:12 209:16

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                                     of 190

     [assistant - based]                                                  Page 10

      assistant 6:10       attempted           average 40:5       backup 37:16
        6:20 19:22           155:6               236:15 356:7      242:7
        20:18,20,24        attorney 4:13         369:13           backwards
      associated           attorneys 2:5       avoiding 308:3      377:6
        98:11                2:10                312:14           bad 37:7 77:18
      association          attributable        aware 127:22        245:16
        8:25                 61:9                195:12 227:23    baked 322:22
      assume 22:2          attribute             247:6 277:20     bancorp 15:6
        24:11 29:4           287:23              294:25 342:22    bank 6:11,20
        99:16 177:13       audio 3:11,11               b           19:20
        205:20 227:2       audit 369:20                           barber 140:21
                                               b 53:14 54:9,12
        275:10 289:21        371:4                                barely 92:14
                                                 243:4 387:6
        290:4,10           author 253:9                           based 46:6,14
                                               back 5:14
        353:25 357:18      authored                                50:12 51:12,16
                                                 17:18 35:13
        368:4 375:17         133:11 254:2                          51:19 53:7,12
                                                 36:11 41:3
      assumes 118:11       authority                               55:5 58:20
                                                 44:16 48:21
      assuming 14:17         203:20 204:18                         60:2 68:5
                                                 55:16 61:12
        221:12 273:18        257:7 265:24                          70:23 72:20,20
                                                 68:22 69:18
        357:14               266:11                                77:9,21 96:5
                                                 73:22 77:3
      assumption           authorized 4:4                          101:22,23,23
                                                 81:19 103:12
        217:22 253:7       authors 133:16                          103:22 120:9
                                                 127:14 133:4
        275:21               134:7 170:23                          133:20 135:17
                                                 137:5 169:14
      assumptions            190:13,18                             138:16 169:5
                                                 179:12,25
        48:2,5,7             191:8 203:24                          175:6 178:12
                                                 204:4,15 227:6
        285:18 357:16        214:19 215:4                          183:7,21 197:2
                                                 237:15 250:25
      asterisk 375:20        216:22 217:10                         230:4,13,16,18
                                                 251:13 255:2
      asterisks              223:4,22                              233:9 240:5
                                                 266:14 281:19
        375:19,23            224:24 371:14                         247:16 248:3
                                                 282:21 285:24
      attachments            372:10 375:3                          248:17 249:23
                                                 286:17 302:6
        31:25              available 65:22                         274:24 284:18
                                                 312:18 313:3
      attempt 79:13          82:24 84:2                            291:18 292:7
                                                 322:13 325:3
        80:7,25 81:3         180:18 186:5                          298:3 301:20
                                                 342:3 348:14
        81:10 82:6           216:25                                304:23 305:2
                                                 375:10
        85:12 154:8        avenue 1:15 2:3                         310:21 317:6
                                               background
        289:8,10             2:9 3:23                              318:7 320:15
                                                 5:18
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                                     of 190

     [based - believed]                                                    Page 11

        323:15 334:10       232:21 234:21        31:17,23 33:14     236:21 238:12
        334:20,24         beginning 4:12         34:2 37:14         239:6,10,16,17
        335:11,24           8:12,13 53:17        38:24 40:12        243:15 252:3
        336:3 341:8         96:3 98:15           43:22 44:15        257:9 263:12
        342:9 345:6         124:11,22            45:15 46:8,15      263:18 264:17
        348:22              163:8 211:24         47:19 49:4,17      264:22 265:4
      bases 15:20           212:15 217:8         50:14,20,22,25     266:3,13,18
      basically 52:5        219:14 237:2         51:6,7 52:14       268:2,5,6
        117:14 144:13       333:23 359:3         52:15 59:3,14      269:3 270:3
        164:24 189:17     begins 96:11           59:17 60:6         271:8 275:17
        219:20              108:20 156:2         62:15 66:13        275:22 276:17
      basis 74:19           212:6 228:9          72:13,15 75:10     278:10,10,11
        78:8 109:11,20      235:8 359:16         78:17,17 81:11     280:24,25
        166:23 168:25       370:17 373:3         82:15,20 84:5      285:16 287:14
        181:2 187:22      begun 233:20           84:23 85:4,8       299:9 301:21
        189:4 194:4         355:10               88:17 91:5         305:13,20,21
        200:17 237:6      behalf 4:20            100:16,17          313:21 316:10
        237:12,22           13:6 14:14,22        103:20,21          320:15 322:19
        238:17 239:4        15:12,15             104:4 113:12       324:6,9,25
        240:21            behave 335:2           123:13 124:16      327:14 331:14
      batavia 244:11        335:19               125:7 126:20       335:22 336:3
      bath 41:16          behavior               128:22 154:18      338:24 341:14
        126:14 197:25       362:12               159:9 160:18       346:11 348:25
        199:18 200:9      beholder 222:8         171:20 174:6       358:2,17
        313:10,15,23      belief 134:19          176:22 177:17      361:21 366:9
        316:7 373:24        194:4 348:20         178:21 179:23      368:15 369:21
      bear 281:20           366:16               183:24 185:7       371:25 372:24
        283:2             believe 5:22 8:8       190:14 192:14      379:9 383:21
      bed 41:16             10:17 12:22          192:15 193:17      384:2,13
        126:14 197:25       13:17,22 15:6        194:11,15        believed 45:21
        199:18 200:9        15:24 16:7,10        196:21 198:14      104:23 164:2
        313:10,15,22        17:2,20 18:2         206:25 207:4       177:5,11
        316:7 373:24        19:13,13,17          207:10,21          191:19 218:24
      began 10:25           23:6 25:10           210:9,19 211:5     223:9 288:20
        125:6 232:20        26:11 27:2           212:5 234:5,25     300:10 338:18

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                                     of 190

     [believes - burger]                                                   Page 12

      believes 221:14        313:10,15,19       blowing 262:19    brings 101:6
        221:22 271:9         313:23 316:8         262:21          broad 52:7,8
        272:22               373:24             board 19:16         195:13 238:10
      benchmark            bias 246:15          bolloxed            274:12,13
        222:14             bid 383:16             197:13            312:5
      beneath 125:19       big 202:25           borrow 117:15     broader 50:7
      benefit 233:6        bigger 242:12          360:24 361:5    broadly 379:11
      berkeley 7:8,15      biggest 226:23         361:13,19       brokerage
      best 74:22           binary 271:24        borrowing           374:15 375:4
        99:22 105:25       binder 242:12          361:16          brokers 350:21
        106:23 128:21      binomial             bother 260:8        374:14
        188:5 193:16         316:18 317:4       bottom 121:6      brought 9:17
        194:14 195:18        318:13 319:17        153:22 156:2      9:18 14:6,18
        195:22 201:15        319:18 324:18        212:7 213:20      21:24 178:24
        207:15 209:13        326:10 327:22        237:2 242:18    bubble 262:15
        222:9 273:24         329:21 330:20        359:14 360:10     262:23 265:4,9
        289:6 297:17         331:11,16            370:5,16          265:11,14,20
        332:18 337:11        334:15 335:11        375:22            266:18,22
      bettencourt            335:12,16,24       box 315:17          267:2 271:14
        252:4              bit 180:16           brad 140:21         271:22 272:5,6
      better 27:13         bites 286:13         bradley 13:21       272:10,14
        28:23 74:18        blackberries           14:12             353:22 354:2
        77:16,17             246:20,24          brain 80:22         354:12,17,21
        105:15 113:4         247:24             brattle 7:18        354:25 356:19
        174:7 209:23       blackberry           break 35:5,18     bubbles 262:19
        222:4 233:14         39:21 41:16          75:20 76:22       262:21 263:2,4
        320:24 323:5         126:14 242:19        136:6 179:16      263:6,9,12,19
        354:5                244:20,25            251:4,4 286:5     264:18,24
      beyond 12:24           246:3,4 247:2        311:14 312:13     266:9,15
        23:25 41:16          247:20,21            312:15,17         271:17 361:25
        59:6 63:2            323:8                313:7             363:8 364:3
        126:15 141:21      blackberry's         brealey 265:16    building
        153:8 190:11         245:3                265:18,22,23      291:17
        197:25 199:18      blood 388:13         brief 206:11      burger 313:19
        200:9 248:16

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                                     of 190

     [burst - case]                                                     Page 13

      burst 271:15         292:3                 142:13,19       14:3,9,10,18
        354:25           calculation             143:13 159:5    15:14 16:20
      bursting             46:25 50:24           159:10 160:16   17:14,23 20:4
        353:21 354:11      55:4 186:13           176:25 177:20   27:3,4,16
        354:18,21          187:22,25             187:8 320:17    28:25 29:12,19
      bushes 246:21        277:12              cans 264:8,9,10   29:25 30:3
        246:25           calculations          capable 254:22    44:2,13 49:10
      buy 346:4            61:4 185:10,11        254:24          52:24 53:15
        369:6,12           200:19,22           capital 82:23     58:17,23 73:7
      buying 336:12      call 48:15 72:7         83:25           75:3,6,9,15
        337:4,22           77:11,23 78:14      capitalization    76:18 78:6
        338:11             78:22 80:25           39:21,22        80:25 82:4,6
              c            84:25 85:6          capitol 314:17    82:14 88:15,20
                           102:19,25             315:8           88:24 89:2,7
      c 2:2 14:12
                           131:6,9,11          captioned         90:5,16,20
      cal 7:23 8:5,7
                           151:19 192:2,6        14:10 89:8      91:19,21 92:15
        8:11,23 10:2
                           322:3,6 344:9       capture 353:15    92:22 93:9,21
        19:25 20:6,11
                           373:19              capturing         94:2,2,25 95:6
        21:10,15
                         called 5:4 32:2         382:25          97:6,20 98:7,9
      calculate 47:23
                           32:15 37:12         car 188:4         98:12,25 99:3
        48:8 49:25
                           40:17 44:24         career 51:5       99:11,14,24
        50:16 53:11
                           88:21 124:24          102:6,14        100:23 101:15
        60:9,14,25
                           126:20 145:5          103:14          101:17,23
        145:8 198:10
                           145:13,19,21        careful 15:20     102:2,4,4
        288:24 348:21
                           161:13 162:4          15:21 17:17     103:11,13
        355:8
                           253:19 272:24         223:24 224:10   104:4,23
      calculated
                         calls 27:22             224:18 225:4    106:14,22
        277:4,14
                           102:22,23             225:16          107:4,10,11
        278:19 280:21
                           131:4 206:19        carrying          112:8 116:7,15
        326:4 383:9
                         cammer 43:4             125:19 147:9    123:8 125:2
      calculates
                           138:2,5,11,17         147:16          126:2,5,12,22
        197:5,17
                           138:19 139:7        carryover         127:2,10,17,23
        318:12
                           139:22 140:3          255:15          130:16 150:14
      calculating
                           141:4,7,15,18       case 1:4 12:11    154:9,25
        54:23 61:10
                           141:21 142:5          12:15 13:7,18   156:20 161:12
        280:19 282:13
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                                     of 190

     [case - change]                                                      Page 14

        161:15 162:4       75:7 97:22          causes 76:13         284:6 285:18
        163:12,19          138:12,14           caveat 16:8          292:17 293:7
        164:4,4,5,7,8      165:9 172:14          17:10 201:18       294:10,19
        164:15,16,22       181:4 200:24        ceo 174:24           297:10 298:22
        165:2 166:22       201:6,10              189:10 218:24      308:15 309:14
        167:7,8,10,12      241:20,21           certain 18:9         310:2,21
        171:18 172:25    cash 54:4 66:11         151:3 182:14       313:16 329:8
        173:20 174:11      67:16 68:25           182:18,20          360:21 363:16
        174:14,21          76:5,14 79:17         219:2 279:21       365:8 383:7
        175:7 177:24       80:12 81:6            279:23 280:6     certainty
        179:20 181:22      82:10               certainly 11:3       280:11,14,21
        188:12 189:4,4   cat 369:10,19           19:7 22:21         320:21,23
        191:3 195:11       370:6,17              51:21 52:20      certification
        198:13 201:14    causal 288:15           55:17 58:16        165:9 172:15
        201:14,15          288:20                63:21 65:13        173:15 176:2
        218:22 223:23    causality               76:17 87:7         177:2,21 388:2
        224:17 227:19      350:20                88:14 95:14      certified
        231:3,5,9,15     causally 284:24         138:13 139:10      193:18 194:16
        234:19 239:4,4   causation               142:10 154:6       194:22
        241:24 273:12      60:14,15,22           154:17 155:12    certify 388:6,11
        275:12 277:15      61:6 355:2,9          157:9,20         chain 247:8,13
        277:21 278:19    cause 61:23             158:17 168:4       248:9
        282:14 283:6       62:5,7,8,10,13        170:24 171:14    challenged
        294:14,20          62:20,20,25           176:7 181:18       122:22 123:4
        310:11,16          63:4,5 64:3,6         192:14 194:25      123:11
        335:14 339:15      64:10,12,15,21        204:25 205:14    chamber
        340:10 341:15      76:15 84:16           206:12 217:23      312:16
        352:23 356:12      85:15 130:5           228:17 234:17    championship
        361:4 363:21       169:17 255:21         235:21 238:24      314:21
        365:11 372:17      308:12 309:5          240:10 243:19    chance 30:23
        372:22 375:13      309:11 310:12         247:10 250:8       212:23 247:19
        376:5,11           310:17                254:12,16        change 23:16
        377:20 378:2     caused 298:12           257:10 263:5,9     31:3 35:23
      cases 12:2,20        353:12 367:12         263:15 264:20      49:2 50:8
        12:24 13:9                               267:25 278:4       64:16 84:16

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 114
                                     of 190

     [change - class]                                                   Page 15

        85:16 120:8,24    charts 36:11           338:20 358:16   52:24 53:15
        124:19 130:7        180:5                359:3 371:23    54:22,23 60:8
        166:25 167:21     check 9:13           cited 18:18       60:13,21 68:4
        389:4,7,10,13       118:15               32:17,20        71:5,8,14 72:9
        389:16,19         checked 187:24         200:25 206:10   77:12 78:2,16
      changed 21:13         187:25 259:24        206:12 357:24   78:22 91:20
        81:8,15 102:16      315:17               359:10          92:4,5,8,9,24
        103:15 132:12     chinese 188:4        cites 269:23      92:25 93:8
        166:19 167:15     choice 43:10           362:6           94:4,17,24
        168:12,23,25        122:20 189:23      citing 53:18      95:4,7,8,12
        169:4,10            216:23 218:7         73:21           96:9 97:5,21
        170:12 189:8      choices 217:10       civil 13:22       97:23 99:2
        204:2 208:6         217:19             claim 16:11       100:2 103:24
        226:17 298:19     choose 332:23        clarification     106:16 123:6,7
        300:13 353:7      chose 43:23            38:17 61:2      123:9 141:24
        355:15 384:6        205:16               183:3 307:11    165:8 167:3,17
      changes 34:8        chosen 214:22          307:16,18       167:23 168:14
        48:14,14 59:12      292:22             clarifications    169:12 172:15
        62:25 63:17       chronicle              43:21 307:17    173:14,15
        130:13 144:17       244:16 315:11      clarify 24:22     176:2 177:2,21
        170:21 291:20     chunks 286:6           35:19           194:22 227:24
        294:13 314:20     circuit 138:14       clarifying 12:8   228:8 229:4
        346:2 365:23      circumstances          18:15 19:4      258:17 261:21
        386:7               90:19 98:7,8         152:21          277:5,17
      characterizati...     98:11 99:24        class 4:20,21     278:20,22
        235:2               164:6,14,16          13:22,23 14:2   279:2,13 280:7
      charged 244:11        166:22 167:8         14:5,19,23      280:9 282:6,13
      charles 371:13        177:24               15:4,7,13,16    283:12,25
        371:18            citation 203:11        26:6,15,16,25   284:11 285:9
      charlotte 2:12        256:22 257:3         27:6,6,19,20    287:5,8 288:8
        4:18              cite 73:19,22          28:2 30:10,12   289:14,24
      chart 39:14           84:6 132:21          31:16 42:22     290:12 292:12
        331:16              133:6 135:22         43:9,11,18      293:4,24 294:8
      chartis 227:7         135:25 201:20        44:7 46:24      295:13,25
        312:6 380:19        205:16 280:16        47:2,14 51:9    296:7,19 297:4

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                                     of 190

     [class - compared]                                                    Page 16

        297:24 299:7      clock 368:22           331:16 373:8       112:22,22
        299:18 300:9      close 54:14,20         376:17             113:2 174:16
        301:8,19 302:2      55:6 60:3          combination          219:5,25 231:2
        302:10 304:16     closed 37:5            199:14 317:23      231:10 233:8
        306:7,17,19         69:19 97:25        combined             255:24 297:2
        308:14,25           224:2 339:16         199:22 200:4       297:22 299:5
        309:13 310:14     closely 74:3           202:8 332:7        299:16 300:7
        310:20 315:25     closer 322:3,6       come 10:12           301:6,17
        316:20 319:21     cma 1:4 3:21           11:15 57:14        308:13,24
        323:17 333:23     code 38:16,19          91:7 144:14        309:12 316:19
        334:19 340:23       39:2 40:10           151:16,17          334:25 335:18
        340:25 341:16     coin 152:10            237:24 239:9     company 97:9
        348:21 381:12     coke 264:5             353:10             110:22 123:19
      classes 193:18        273:22             comfortable          155:22 156:9
        194:16            cokes 273:21           152:7              178:11 188:4
      clause 284:23       collateral           coming 90:10         188:20 189:9
        284:25 285:5        131:11               97:8 163:10        214:24 217:3
      clauses 288:21      colleagues 4:17        311:10             217:13 221:14
      clear 12:16           72:23 78:5         commentary           221:18,22
        23:2 35:25          168:2 169:6          19:14 212:18       244:25 246:5
        107:3 118:20      collection           commission           247:3,7,14
        152:9 165:14        256:9                13:21 14:11        248:11 250:19
        245:17 265:7      collective           commit 340:6         335:3,4,8,20,21
        290:3 340:10        255:22 256:8       common 26:4          343:7,9,15
        341:15              256:12,14            26:22 31:14        379:13,22
      clearly 214:13        325:14 336:4         46:24 47:14        380:5
      clepic 2:13         collectively           52:24 140:23     company's
      cleveland 6:11        332:20               255:24 276:20      123:22
        6:21 19:21        college 5:21         companies          compare
      client 226:20         6:13                 25:23,24 26:5      145:17 163:14
        346:2             column 40:16           26:23 31:15        213:24 325:24
      clients 16:13         184:15 317:12        39:15,19 41:13   compared
        70:24 71:4,6        317:22 318:3,6       41:15,25 44:23     147:17 149:16
      clip 242:13           318:12 322:24        45:9 61:25         149:23 153:5
                            323:2 326:6          67:6,9 112:15

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 116
                                     of 190

     [comparing - constraints]                                            Page 17

      comparing          con 244:12            conducted          consider 12:13
        235:9 237:9      concept 182:24          163:14 255:21      12:14 19:7
      comparison           267:11 280:13         306:5 316:17       24:5 25:12
        197:7 236:19       280:19                334:14             48:17 102:7
        238:14 324:19    concern 297:14        conducting           203:19 204:16
        326:4 334:17     conclude 46:3           217:20 227:17      232:3 254:21
      compensation         96:5 146:9          confidence           270:24 328:11
        10:11,14           147:4,13,25           184:20 197:23      329:14
      complaint            238:6 353:12          321:2,4          consideration
        123:15 128:3       384:24              confident            57:16 356:21
      complete 57:3      concluded               321:10             356:23 357:19
        167:14 233:2       219:7 284:9         confirm 94:15        365:10 367:2
        349:16 352:23      297:20 299:4        confirmatory       considered
        386:9              299:14 300:5          84:14 85:14        19:5 32:4,10
      completely         conclusion            confirmed            32:16,19,24
        146:14 167:7,9     27:22 45:22           94:17              33:10 67:13
        287:20 298:14      46:12 104:7         conflict 95:12       71:25 86:24
        328:18             105:2 176:18          95:23              208:19 257:7
      complicated          236:22 237:25       confounding          321:7 322:9
        216:11,13          239:11,17             349:22 353:23      327:24
        382:18             240:14 279:7          354:14           consistent
      components           293:8,9 301:2       confused 27:10       74:19 174:15
        61:4,8             301:4,13,15           103:11 154:22    consistently
      composed             320:17 341:24         242:12 268:9       237:20
        292:22             341:25                351:12           consolidated
      compound           conclusions           confusion            369:20 371:4
        337:7,8            46:7 146:18           169:17           constant 74:11
      comprehensive        175:13 299:12       connection         consternation
        271:10           conditions              229:9 288:15       130:6
      compute 46:24        358:7 359:5           307:4,23 361:3   constitutes
        47:13 52:23        387:16              conscious            163:19
      computer           conduct 53:22           233:16           constraints
        34:14 240:22       164:3 203:21        consciously          361:24 363:7
      computing            204:18,21             102:15 103:15      363:25
        38:19

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 117
                                     of 190

     [constructed - correct]                                             Page 18

      constructed          93:15 94:9          conversations      66:3 67:22,25
        49:5,9,12,14       105:13 108:18         3:7 72:20,22     68:2 69:10,12
        50:8 59:12         134:23 141:24       conversely         70:18 71:13,17
      constructing         171:6 214:7,18        261:13,25        71:20 72:8
        48:25 355:16       216:3 262:16        copies 21:24       75:16,17 78:18
      consultant 9:6       293:24 305:10         22:2             84:22 85:5,9
        230:15 254:8       339:13 340:3        copy 202:13        90:6 100:19
      consulted 13:2       370:2 376:23        cornell 74:10      102:12 103:20
      consulting 7:4     continually             170:8,14         104:20 109:4
        7:8,15 10:5        237:18              cornerstone        109:12,19
      contain 153:15     continue 3:12           7:6              110:6,16,20,25
        154:4,11 155:4     91:13 176:22        corollary 84:12    111:14 113:12
        155:19 156:6       177:17 216:5          106:6 152:9      113:24 114:2
        156:22 157:5,8     223:22 236:25       corporate          118:4 119:2
        157:15 158:4     continued               265:24 266:12    122:14,15,25
        158:13 159:12      137:8               corporation        123:14 124:17
        160:21 163:22    continues               189:21           125:7 126:16
        173:3,9 231:17     74:24 373:4         correct 6:25       126:19 128:22
        379:19 380:2       379:15,16             7:10 8:3,19,24   131:12 138:4,9
      contained          contradiction           9:12 11:23       138:25 139:18
        23:14 62:16        262:7                 12:22 14:13      139:25 145:15
        154:16 175:14    contradictory           18:2,10 19:23    146:23 149:19
      contains             258:7 262:10          20:3 21:8,17     152:11 159:7
        313:22           contrary                24:4,12 26:11    163:25 166:13
      contaminated         261:15 262:2          27:2 31:10,17    166:17 172:11
        133:10             283:23 341:22         31:23 32:11      174:6 180:12
      contaminating      contributed             33:7 37:2,10     180:14 183:25
        133:17 134:5       364:10,22             37:14 38:24      184:17,21
        134:14,20,22       365:15,22,25          39:17 40:8,8     185:7,21 186:2
        134:23 135:2,5   contributor             42:7 43:13       186:2,8 187:20
        135:15,20          361:25 363:8          44:8,15 45:2,6   191:4,6,10,25
      content 241:21       364:2                 45:15 47:19      194:18 196:8
        241:25 248:5     control 123:21          49:4 51:7 55:2   197:12 198:14
      context 90:18        214:2                 60:6,10,11,24    199:9 200:11
        90:24 92:17                              61:7 63:14       203:18 205:19

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                                     of 190

     [correct - criterion]                                                     Page 19

        218:11 219:22          377:19 386:9       counterfactual      coverage
        221:13 225:20        correcting             106:18              140:18
        227:22 233:5           351:21             counts 40:6         cra 7:7 254:13
        234:6 239:20         corrections          county 244:15       crashing
        239:22 245:23          386:6              couple 43:20          244:12
        247:5 252:11         corrective             188:16 243:18     cravath 1:14
        253:12 256:21          97:20,24             291:17 341:16       2:8 3:22 4:14
        257:14 259:19          124:14 130:15        378:19            cravath.com
        261:5 275:24         correctly 40:25      course 51:22          2:11,12,13
        283:8 285:3            77:8,20 94:7,9       52:12 214:25      crazy 86:12,15
        291:20 292:10          95:17 96:22          239:19              86:17,24 87:4
        294:4 296:21           121:20 218:5       courses 20:11         87:16,20,22,23
        296:23 301:22        correlated 58:5        20:12,13,20,21      88:4,8,9,15,18
        306:8,11               58:6 63:21           20:21,22            89:21 90:9
        313:20 315:12          165:25 383:7       court 1:2 3:20        96:17 100:10
        315:16 316:3         correlation            4:2,24 15:15        101:10 104:4
        316:10 317:11          56:3,8               15:23 17:15,24      104:11,15,19
        317:25 318:10        corresponding          68:6,12 72:24       104:24 105:7,8
        318:15,23              121:15               140:7 142:9,24      105:13,16,17
        319:7,10,22          cost 233:6             143:9 175:6         106:7,18 107:8
        320:2 321:20           361:13,15,16         192:17,23           107:13 110:9
        322:19 323:18        costly 360:24          193:10,25           110:12
        324:8,14,15,16         361:5,19 364:9       194:2,8,9,10,20   created 293:6
        324:24,25              364:21               194:22 195:2      criteria 161:17
        325:19,23            counsel 4:10           195:11 356:18       172:17,21
        326:7 334:21           25:11 36:4         courts 66:18          177:10 189:24
        335:13,22              37:15 53:13          165:12 166:5        191:12 200:6
        340:8 355:12           60:8,12,20           190:11,12,21        233:22
        355:13 358:2           313:10               191:20 192:10     criterion 158:3
        359:7 361:17         count 14:7             193:6,15,17         158:12,19
        368:15 369:21          18:20 24:9           194:4,12,15         160:20 163:21
        370:24 371:9           316:10               205:2 208:10        176:9,24
        372:19,24            counted 39:19        cover 15:20           177:19 181:17
        373:25 374:2           39:23 186:12         364:18              183:8,14
        375:17 376:9                                                    186:18 187:6

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                                     of 190

     [criterion - days]                                                  Page 20

        187:19 189:23     cumulative            287:23 288:24     334:18
        196:7,20 204:9      329:24              292:3,5 348:22   david 5:16
        221:9 222:6       current 175:18        355:3,9,11        204:8
        230:6,25            185:24 191:20       356:23           davis 5:12
        231:25 232:4      currently            damned 229:12      13:21 14:12,15
      critical 74:15        225:11              229:12           day 8:13 18:17
        74:20             curve 344:4,7        dan 252:4          108:9,9 109:2
      criticism 222:5       344:12,16          data 38:12         110:15,24
        234:8 300:18      cut 168:16            50:13 55:18       111:10,10,16
      criticisms          cutoff 326:21         56:2 118:3        112:4 116:9,12
        233:10            cv 18:8               329:2 369:10      116:17 117:22
      criticized                  d             383:15            119:19 128:8
        229:23 231:23                          database           128:11,12,13
                          d 5:3 137:4
        232:14 234:3,7                          379:14            128:18 129:23
                            387:2
        234:9,14,16                            date 22:17         155:21 156:8
                          daily 115:11,18
      criticizing                               124:5 317:14      161:17 174:12
                          damage 59:21
        233:11,12                               326:21 370:20     175:15 178:19
                            59:22 282:17
      crossville                                386:13 389:24     187:7,19 196:6
                            282:17,23
        315:10                                 dated 179:20       196:19 199:23
                            284:18 292:2
      crowninshield                             358:7 359:5       200:7 221:9
                            353:16 355:6
        9:2,10 10:6,12                          387:10            222:6 226:24
                          damages 30:12
        10:14,19,23                            dates 92:23        226:24 232:6
                            46:24 47:2,13
        11:2,9 25:7                             93:11 94:5,16     246:12 247:20
                            47:17,17,21,24
        38:21 251:18                            123:23 186:10     291:10,11
                            47:25 48:8,10
        252:10 253:2                            223:25 224:11     314:18 315:11
                            49:25 50:17,23
        253:14 254:4                            224:12,15         316:5 342:13
                            52:23 53:11,17
      crush 88:21                               317:13,19,22      342:13 348:20
                            54:17,24 58:9
        89:8 90:4                               317:23 318:5      351:10 379:12
                            60:9 61:4,11
        91:19 93:9                              318:18 322:17     379:21 380:4
                            254:3 277:5,6
        94:2,17 95:6                            323:9,14,20,21    380:13 386:17
                            277:7,8,11,15
        97:6 99:3                               323:22,24         388:16
                            278:8,20
        102:4 104:17                            324:14,21,23     day's 224:2
                            279:22,24
        106:14 107:9                            325:16,25        days 40:17
                            280:6,13,19,20
        196:13 201:14                           326:3 328:3,14    117:14 144:2,4
                            281:10,11
        240:2,2                                 329:17 334:17     144:4,5,18,18
                            282:13 284:16
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                                     of 190

     [days - defined]                                                      Page 21

        144:25 145:2,5      242:2 246:8        decision 91:7        238:18 242:9
        145:10,10,13        247:22 264:10        142:23 189:20      312:25 327:8
        145:15,19,21        271:4 318:4          231:23 232:17      358:9 371:15
        146:2,3,7,8         322:25 323:3         233:17,19          387:7
        147:2,3,7,8,10      325:18 327:23        234:13,20        defendants
        147:16,18,23        328:10,22,24         336:2              1:13 2:10 4:16
        147:24 148:10       329:13 331:8       decisions 72:24    defense 24:24
        148:10,13           331:11 332:8         229:20             72:21 380:24
        149:3,4,9,10,16     332:11,13,19       declaration        defer 209:11
        149:16,23,24        333:5,13,15,20       13:6,13,17,19      225:7,12
        151:21 152:2        333:24 334:8,9       13:20 14:22        272:15 297:5
        153:4,5,13          335:3,4,8,20,21      15:11 16:2,16      364:5
        154:3,10,20         340:16,17,18         17:7 21:21       define 43:8
        155:3,18 156:5      341:16 342:11        22:16 23:4         44:6 71:11
        156:21,25           351:10 379:11        32:21 162:3        88:3 105:18
        157:4,14            379:18,25            321:16 378:24      144:14 147:7
        163:15,16,19      dcf 298:4 338:2        387:8,11           180:20 186:7
        165:22,23,25      deal 178:8           declarations         186:18 187:13
        166:2 171:21        190:16 218:15        12:19,25           205:8 265:13
        174:10 175:14       225:9 233:9,11     declare 386:4        266:22 270:14
        176:10,24           369:24             decline 353:15       272:5 274:7
        177:11,19         dealing 55:21          364:12,24          277:24 296:10
        180:20 181:17       68:15 164:17         365:17 366:3       302:11 303:7,7
        182:15,19         dealt 13:24            367:8              307:7,24 338:3
        183:14 185:2,2      35:23 188:20       declines 353:13      346:21
        185:20 186:7      december             deemed 190:18      defined 25:23
        186:19 188:24       115:24 245:15        386:7              43:18 84:9
        188:24 197:8,9      245:20 370:18      defend 4:22          122:7 144:25
        198:11 199:12       371:6              defendant 13:7       145:14 147:8
        199:13 200:5      decide 121:13          14:22 15:12,15     147:10,16
        214:23 232:6        135:21 140:7       defendant's          148:10 151:11
        235:10,12           142:24 188:12        22:8,10 89:11      152:18 156:25
        236:4,6,19,20       230:2                161:22 210:20      156:25 198:6
        237:9,10          decided 230:4          236:16 237:6       199:13 213:8
        238:14,15,24                             237:12,23          213:10 228:23

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                                     of 190

     [defined - describing]                                                Page 22

        242:2 263:8        265:20 266:17         344:4,7,11,16      196:2 210:12
        272:10 289:17      267:16,17,21          344:25             235:5 243:3
        289:18 303:21      268:25 269:2,4      demonstrate          245:19 257:25
        316:22 323:9       270:25 274:9          61:22 255:20       258:21 259:6
        323:24 337:24      274:13 292:16       demonstrated         268:13 280:4
        344:13,14,15       293:14 297:9          298:18 300:12      281:23 286:20
        379:11             302:15,17,21        demonstrating        295:15,16,19
      defines 200:4,6      303:10,14,17          137:20             295:20 314:6
        203:25 212:9       303:22 304:4        demonstration        316:14 325:4
      defining 87:23       304:13,19,20          298:25             327:3 331:17
        163:18 304:5       304:22,24           denote 375:23        332:5 358:4,22
        305:13 344:5       305:2,4,7,15,23     dense 291:10         365:4 367:25
      definitely 84:11     312:3 317:7         denunzio 2:11        368:17 372:4
        97:17 159:16       325:16 328:17         4:18 138:25        378:9 384:25
        160:2 196:22       334:10 336:4        depend 147:6         387:10
        196:22 224:14      341:10 345:7          148:3 151:10     depositions
        241:9 357:4      definitions             177:23 283:6       24:23 33:14
      definition 39:4      199:23 264:13         350:2              274:24
        66:14 69:4,6,8   defrauded             dependent          derived 50:12
        69:10,12 70:15     53:15,16              56:20 57:4         67:20 70:8
        76:7 79:20       degree 5:19             349:6,10 350:4   describe 43:23
        82:12,18,20      degrees 271:25          350:16             59:23 63:4
        84:10,20,24        322:10              deponent 386:3       176:9 208:5,9
        95:10,10         delineates 73:6       depose 204:7       described
        105:17 135:2       73:9                  332:3              58:19 135:23
        135:10,14        demand 33:18          deposition 1:12      144:9 208:4
        144:15 150:13      34:4,9,13             3:16,22 4:22       292:20 307:2
        161:6 172:5,6      35:21,24 48:13        32:8,14 33:24      349:21 350:13
        172:9,9 173:19     48:14 49:2            34:24 37:19        354:8,13
        177:14 192:8       50:9 51:12,16         66:25 73:23        357:10 375:20
        193:4 198:17       52:17 53:12           89:5,7,16 91:4     383:23
        211:22 218:16      59:13 60:2            94:12 106:3      describing
        218:17 221:12      165:14 166:5          107:2,16,25        62:21 63:6
        222:13,13          170:20 291:18         113:8,20 115:8     67:12 192:5
        232:7 265:6,11     291:20 292:7          137:13 185:16      234:22 349:2

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                                     of 190

     [description - discussed]                                           Page 23

      description          335:23,23             200:2 204:9       214:5 225:13
        30:6 192:4         341:3,10              207:9 209:7       225:14 228:19
        268:23 270:23      342:11 381:18         219:6 227:15      238:5 274:16
        303:9 376:22     determines              231:10 260:12     298:16 305:20
        387:7              347:21,24             264:13 271:25     317:20 337:14
      descriptive          356:18                292:21 293:5      339:21 346:9
        305:25 349:19    determining             303:3 308:4,8     346:13 347:13
      design 153:25        28:8 142:7,20         329:3,10          363:23
        154:9              143:14 223:3          330:25 344:23   disagreement
      designated           346:25                380:13,19,20      94:24
        370:23           deviate 282:7           380:20 383:18   disclosure
      designed             283:13 284:2        differently         84:14 85:13
        152:13,25          285:11 287:15         120:16 144:2      97:21,24
        153:12             288:10 290:18         146:2,7 147:2     124:14 130:16
      desimone 1:16        347:25 381:13         147:23 149:12     218:25
        4:3 388:4,20     diet 273:21             149:14 335:2    discounted
      despite 274:20     differ 342:17           335:19 380:21     54:4 66:10
      detail 188:8       difference            difficult 30:5      68:25 76:4
        198:20 350:3       53:18 54:8,19         363:19            79:16 80:11
      details 314:19       73:11,12            digests 82:24       81:5 82:9
      determine 26:4       147:14 148:16         84:2            discovered
        27:25 30:7         149:2,22 153:3      direct 74:2         174:21
        34:8 40:20         184:25 198:4          137:19 138:6    discovery
        55:23 60:14        198:11 236:9          138:20 139:8      349:16
        75:3 111:8,24      237:4,10 238:7        139:11,17       discuss 141:23
        138:16 143:3       238:15,23             140:13,14         242:23 266:7
        144:21 145:4,6     239:12 293:20         141:7,17          269:24 371:11
        145:7,25           334:8                 358:20          discussed 49:15
        221:18 231:21    different 45:17       directed 214:10     182:13 191:11
        249:17 305:12      59:21 60:17         direction 64:14     191:15 193:15
        348:4 362:17       98:10 120:13        directions          194:3,13 195:2
      determined           144:23 150:18         387:18            222:21 223:14
        73:17 233:9        151:6 164:15        disagree 91:3       225:21,25
        297:7,11 321:8     165:6,9 167:7         119:6 181:2,6     261:16 262:3,8
        332:14,20          167:9 175:13          200:18,21         263:9 266:8

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     [discussed - earlier]                                                   Page 24

        312:5,6              disturbed              89:7 115:23      driving 244:15
      discusses                151:18               117:16 137:10      246:2,14
        221:21               dmv 5:15               162:3 180:10     drop 356:9
      discussing             document 23:8          191:9,12         drug 178:2,5,7
        133:16 229:25          90:22 125:23         192:12,14,19     drunk 244:19
        267:2                  129:16 162:2         192:22 193:11      246:14
      discussion               163:9 198:23         193:21 196:25    drunken
        168:2 174:9            202:23,25            199:16 200:18      244:15 246:2
        212:5,11               212:4,14,21,25       208:6 213:18     dui 244:12
        247:21 258:5           213:9 242:6          222:25 225:7     duly 5:5 388:8
        285:17 300:16          243:9 245:4,9        225:22 226:4     dummy 57:7,19
        367:6 375:18           327:4 331:20         226:12,17          123:19 124:3
      discussions              358:5                229:25 230:14      124:20 129:21
        77:9,22 78:4,5       documents              230:22 242:8       130:4,7,16,17
        101:23 174:23          32:3,9,16,19,24      251:19 258:6       131:14,25
        228:18                 33:10 202:8          258:12,20          132:3,6 133:7
      dispute 185:9            220:17 230:5         259:14,23          135:23 351:18
        186:15 187:22          241:8 372:2          261:7,12         dunbar 158:20
        196:17 259:20        doing 17:19            278:15,16          204:6
      distinction 73:2         58:10,12 91:24       297:6,20 299:3   duplicates
        159:23 221:2           101:6 174:14         300:5 301:2        315:15,20
      distinctions             229:19 328:20        327:11 328:18    duration
        155:10                 352:17,18            328:20 332:14      270:15
      distinctly 33:21       dollar 54:2            334:2 341:8      dylan 252:2
      distinguished          doubt 181:9            342:10 348:18            e
        164:12                 186:13,23            378:18,23
                                                                     e 2:2,2 5:3,3
      distinguishing         dow 242:17             384:25 387:8,9
                                                                       137:2,2,4,4
        95:4                 dr 3:16 4:22           387:10,11
                                                                       287:24 288:5
      distorted                5:8,12,18          draw 104:6
                                                                       387:2,6 389:3
        258:16 261:20          10:16,18,24          105:2 146:19
                                                                       389:3,3
      distribution             11:8,16 18:16        306:25
                                                                     earlier 102:5
        329:24                 21:21,22 34:6      drew 38:15
                                                                       129:19 148:24
      district 1:2,3           35:19 37:23        drink 179:4
                                                                       174:10 181:19
        3:19,20 162:6          43:11 67:4         driver 244:19
                                                                       191:19 231:4
                               73:4 77:8,21         364:15
                                                                       348:19 349:19
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                                     of 190

     [earlier - efficiency]                                                   Page 25

        351:8,13 379:6        economics 5:20         64:22 110:21      140:17,23
      early 358:7               6:7 7:23 8:23        200:4 255:21      141:23 142:7
        359:5 387:16            18:13 19:12          351:2,9 353:11    142:14,21
      earnings                  20:12,13 29:9      effects 382:25      143:15 146:22
        123:22 148:6,8          29:24 50:21          383:2             148:20 149:5
        148:9,10,13             166:8 168:10       efficacy 178:9      149:18 150:2,6
        151:14,16,20            169:13 215:12      efficiency 27:5     150:23 151:5
        166:2 173:8,9           270:18 273:13        27:17,19 29:3     154:14 159:16
        174:10,12,17            276:21               29:12 30:3        159:21,25
        176:3,14,23           economist              42:13 44:4,11     160:4,9,18
        177:9,18 178:6          19:20 58:16          45:16,18 46:2     161:2,7 164:10
        178:12 180:11           68:23 69:7           64:20 66:15,19    164:21 165:8
        180:19 181:3            72:19 75:25          67:11,17,23       165:13,15
        181:16,20               142:5,8,18           68:2,3 69:5,11    166:6 167:2,17
        182:8 183:13            143:7,8,12,16        69:13,15 70:3     167:23 168:14
        184:6 185:4             189:12 254:23        70:19 71:12,14    169:11,20
        199:14 218:3            254:25 263:17        72:7,9 73:2,3,9   171:23 172:4
        222:20 223:13           363:22 383:11        73:10 75:15       172:10 173:21
        237:16,17             economists             76:8,9 77:11      178:2 183:18
        239:8,9 240:3           19:15 72:25          77:24,25 78:15    183:20 187:9
        240:3,6                 73:15,16,17          78:23 79:11,21    203:22 204:19
      easier 9:13               102:25 137:18        79:24 80:6,14     217:21 221:10
        21:25 69:23             139:16,20            80:20 81:2,12     223:4 239:23
        341:8                   140:24 141:4         82:13,18,21       271:25 274:3
      eastern 126:6             141:14 205:2         84:21 85:2,7      275:8,14 276:2
        126:13 127:3            275:3,11,17,22       85:11 88:2        277:24 278:4
        127:11,18               276:11 342:18        97:7 99:9,19      278:17 283:7
        128:14,19             ed 244:12              100:18 101:20     297:14 319:19
        129:7,14              edible 246:20          101:25 102:8      322:3,5 339:9
      easy 61:16                246:25               102:18,20,23      342:8 344:6,10
      ebix 196:12             educational            102:24 103:2,5    344:16 345:7
        201:14                  5:18                 103:17,19,25      359:17,22
      economic 7:4,8          effect 61:23           104:2 138:7,16    360:4,16
        7:15 65:24              62:6,10,14,20        138:21 139:9      363:15,16
        66:5                    63:4 64:3,7,13       139:11,13         380:10,25

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                                     of 190

     [efficient - essentially]                                             Page 26

      efficient 16:10        279:4,14,20        emh 212:9          entirety 241:18
        16:11,23 18:5        281:7 282:5        emphasize          entitled 81:17
        26:6,8,9,14,24       283:11 284:10        74:15              81:24 133:10
        28:2 30:9            285:8 287:4,8      empirical 51:6       162:2 213:15
        31:15 41:14          288:8 289:19         61:19 263:16       216:18 249:4
        42:2 44:23           290:6 310:24         263:21,24          314:18 358:5
        45:10,19,23          320:6,9,11,18        264:3,6,14         373:3
        46:3,13 65:3         321:9 341:6,13     empirically        entry 109:2
        65:11,21 67:7        342:4,6,12           51:20            envisioning
        67:13 73:19          344:3,25           empiricism           352:10
        76:2,19,20           347:14 381:11        265:12           episode 364:16
        78:9 79:15         efficiently          employed 7:11      equal 39:14,18
        80:9 82:23           82:24 83:25        employee 7:14        39:24 40:2,4
        83:24 84:13        effort 298:11          7:16,21,21 9:5     345:12 346:18
        86:14 87:2,9         346:3                10:21 254:6,8      347:15
        87:12 89:24        eight 332:11         encompass          equity 358:6
        90:12 96:9,19        333:15 348:16        70:11 356:10       359:4 382:20
        100:13 101:12        374:11 384:24      encompassed          384:6 387:15
        104:9 105:5        eighth 1:15 2:9        24:11,14,25      equivalence
        137:23 140:5,8       3:23               encompasses          331:2
        141:6,16           either 21:11           43:11 70:14      equivalent
        150:11 152:4         23:15,24 31:22     encourage 11:8       38:16 131:9
        160:25 165:20        46:12 106:23         346:3              185:23 331:5
        165:20 176:21        151:7 165:7        ended 42:3         err 234:8,14
        178:16 183:6,9       189:18 276:9         97:23 234:10     errata 386:8
        207:7 211:22         291:22 292:8         354:2            error 159:24
        212:8 213:8          302:13 317:14      engagement         errors 23:20,24
        215:22 232:13        317:23 323:10        12:12 252:13       24:2 306:13
        239:2 240:8          337:13 367:20        254:18           esq 2:5,10,11
        255:25 257:8       elastic 345:2        english 116:3        2:12
        257:17 261:15      electric 188:4       entire 70:11,14    essence 41:21
        262:2 271:22       eliminate              128:11,12        essentially
        272:9,13,18          315:14               154:19 208:3       131:4 185:23
        273:9,15           eliminated             243:22 289:20      376:18
        278:12,13,14         315:21 384:3         306:21 378:5

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                                     of 190

     [establish - example]                                                 Page 27

      establish 67:8       377:15,21           evidence 16:22       90:14,20 93:17
        282:8 283:14     eugene 257:4            137:19 139:17      99:13 123:16
        284:3 285:12     euphemism               140:14,15          133:22 215:16
        287:16 288:11      131:7                 141:7,17           221:3 230:7
        290:19 319:19    evading 312:18          148:20,22          238:2 242:23
        381:14           evaluate 26:22          149:5,17,25        259:7 265:3
      esteem 205:21      evaluating 27:4         150:5,20,22        268:11 274:7
      estimate             67:22,25 68:3         151:4,6 204:8      278:6 303:5
        252:23 376:19      70:19 71:13           236:15 261:15      305:11 330:2
      estimated 59:8       72:8                  262:3 276:12       348:3 349:17
        373:19           event 92:22             299:10 338:20      362:25 363:18
      estimates            93:7 94:3           evidently 88:22      369:18 370:8
        376:23             108:10 109:6          225:10 271:9       374:5 378:6
      estimating           122:19,21           evolution 174:8    examination
        33:18 34:3         123:2,6 131:16      evolved 165:11       5:7 137:8
      estimation           132:14 133:10         204:11,13          378:21 387:3
        121:13,21          134:5,14,20,22        222:25           examine
        122:13,23          134:23 135:3,5      ex 158:5,15          143:25 331:20
        133:11,17          135:6,16,20           159:13 160:22    examined 5:5
        134:5,14 135:7     137:19 138:3          163:23 173:4       334:12
        135:16 307:24      138:19 139:7        exact 42:9         example 12:10
        318:7              139:16 144:14         58:13 59:9         39:20 53:3,4,9
      et 140:21            185:24 203:21         66:21 131:7        55:14 57:23
        203:12 207:2       204:18 239:11         144:21 163:14      109:13 140:19
        207:11,22          255:22 294:3          173:17 184:5       148:4 150:8
        208:21 211:3     events 96:6             184:12 187:3       151:14,14
        214:21 222:21      133:17 154:16         187:16 197:6       154:7 155:5,8
        223:14 224:24      158:3,13              197:17 198:9       156:17 170:10
        225:15 226:7       159:11 160:20         211:25 221:6       175:11 216:24
        235:4 236:2,25     163:21 173:3          223:2,6,10         218:3 222:20
        238:6,13           270:21 354:17         275:2 283:3        223:13 227:10
        239:10,16          364:15                294:12 326:5       236:3,3,20
        240:13 371:23    everyone's              334:6 346:5,5      237:16 238:22
        372:6,23 373:9     95:10 367:24        exactly 22:4         239:8 242:4
        375:7,12 376:8                           30:21,22 76:10     244:8 266:8

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                                     of 190

     [example - expert]                                                    Page 28

        272:6 273:19       107:24 108:7          387:12,12,13       150:9 151:17
        275:17 278:16      108:15,20             387:13,15,17       239:9 240:4
        284:15 288:3       109:14,23           exhibits 21:19     expensive
        288:23,23          120:5 121:3           21:19 37:17        361:11
        291:5,25 323:8     122:2,3 137:13        112:7 199:5,7    experience
        349:14             161:22 162:2          200:2              219:4
      examples 86:16       162:10 179:18       exist 224:19       experiments
        86:18 88:12,15     180:5,5,6,9           225:5,17           328:21
        88:18 106:9        181:5 184:3,15        227:20 228:10    expert 6:3,16
        239:21 269:23      184:23 185:15         229:4              9:4 11:25
      excel 38:12,14       185:16 186:4        existed 61:23        12:19,25 13:6
      except 126:18        186:16 187:15         226:15 228:2       14:21 15:11
        219:20             195:23 196:2,3      existence            16:2,15 17:6
      exchange 13:21       196:10 197:5          137:22 140:4       29:9,24 46:22
        14:11 53:14        197:16 201:2          141:6,16           47:7,9,12
      exclude 161:10       201:22 210:18       exists 74:2,19       50:16,18,19
      excuse 273:21        210:20 211:3        expand 27:11         67:3 68:18
      executive            235:5 242:5,9       expect 66:7          71:10 72:12
        218:24             243:2,3,4,11,25       76:17 97:10        88:20,23,25
      exhibit 9:16,22      245:19 255:3          158:6,15           102:6,15
        13:16,19 21:20     257:25 281:23         159:14 160:23      103:14 159:4
        21:21 22:6,8       286:20 312:25         163:24 173:5       161:12 162:14
        22:10,15 23:3      313:8,11 314:6        238:2 246:10       165:8 166:7,7
        23:10 25:17        314:6 316:13        expectations         168:7 171:6,11
        31:9,25 32:3,7     325:5 327:4,8         76:14,16 148:9     172:16 173:13
        32:9,14,15,15      327:11,20             148:14 151:20      175:24 178:19
        32:21,21 33:2      328:8 329:12          151:23 174:12      179:19 181:13
        33:12 36:9,12      331:17 332:5          176:15 237:19      181:14 187:4
        36:13,14,23        333:3,12 358:5        237:20 362:14      195:4 215:11
        38:23 40:25        358:9,12,21         expected 66:11       218:8 226:12
        41:4 42:19         359:9,14 365:4        67:16 68:25        253:23 254:10
        44:17 46:19        368:17 371:12         76:4 79:17         254:15 326:20
        55:12,13 61:13     371:15 372:5,9        80:11 81:6         347:3 358:16
        66:24 73:23        382:7,7,8             82:9 117:12        358:18
        89:5,11 107:6      387:8,9,10,11         131:16 132:15

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     [expertise - factors]                                                    Page 29

      expertise 6:6            109:22 110:4,9       303:23 304:5       237:19 238:22
        276:22,23,25           126:15 247:7,9       304:13,15,22       238:23 259:9
      experts 24:8,24          247:13,14            305:5,9,13,23      259:16,21
        33:15 53:5             248:10,11            306:2,18 307:3     263:6 264:22
        175:8,12 193:4         374:2                307:7,25           269:9,16 270:4
        232:3 249:23         expressed            extreme 190:7        295:7 298:13
        274:19 276:20          310:17               190:23             300:21 310:10
        308:19 311:23        extent 24:10         extremely            315:6 338:21
        311:24 316:22          27:22 37:3           57:10 58:8         352:23 354:9
        317:6 323:24           40:7 63:22           170:22 174:17      365:15 372:20
        332:19 336:4           66:20 95:21          176:11,12        factfinder
        344:15 368:2           98:9 100:21          182:9 285:15       381:19
        380:25                 102:10 141:25        312:5 369:24     factiva 191:2
      explain 96:4             149:15 154:13      eye 222:8            191:21 192:2,7
        165:4 174:8            164:23 172:3       eyeball 111:24       192:11 193:12
        297:2,23               173:7 176:13       eyeballing           194:6 195:14
        298:11 299:6           178:10 189:3         353:9              231:7 240:17
        299:17 300:8           189:18 198:3       eyes 59:3            241:3 242:18
        301:7,18               205:9 221:17               f            243:13 313:8
      explained                237:16 243:14                           313:15 315:17
                                                  f 61:15,19 62:5
        131:16 132:14          246:7,9 263:2                           315:17 379:14
                                                    62:11,22 63:4
        188:8 226:5            271:16 272:20                           387:12,13
                                                    137:2
        258:24 298:20          274:25 291:7                          factor 124:11
                                                  face 340:6
        331:23 332:2           296:21 306:12                           130:3,10 138:2
                                                    343:17
      explains 92:24           308:18 319:23                           138:6,15,19
                                                  fact 46:23
        377:4                  322:24 337:9                            139:7 141:8,18
                                                    106:15 112:24
      explanation              343:10 350:6                            142:5,19
                                                    113:19,22
        70:13 241:23           357:15 364:8                            143:13 159:5
                                                    114:2,10,13,14
      explanatory              364:20 366:19                           159:10 160:16
                                                    114:14 115:14
        375:21 377:3           367:10 383:6                            177:2,21
                                                    116:12,24
      explicitly 67:3        extraordinary                             183:22 187:8
                                                    118:22 157:13
      expounded                294:7,10                                365:21,21,25
                                                    165:2 171:18
        41:20                  301:25 302:4,9                        factors 62:25
                                                    176:15 188:24
      express 41:16            302:11,15,22                            137:21 138:11
                                                    190:21 204:12
        44:21 45:8             303:2,8,10,14                           138:17 139:20
                                                    221:20 227:23
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                                     of 190

     [factors - finder]                                                     Page 30

        139:23 140:3        249:12,17             207:11,22          265:24 266:12
        140:25 141:5      fama 257:4,6            208:21 211:3       293:15 347:3
        141:15,22         familiar 11:17          214:21 222:21    financial 9:2
        142:6,13,20,25      184:12 213:13         223:14,22          73:17 137:18
        143:14 287:22       250:10,12,14          224:24 225:15      139:16,20
        320:17 343:19       253:20 263:5          226:7 235:4        141:3,14 142:4
        349:22 353:20       280:12,18,22          236:2,25 238:5     142:8,18 143:7
        353:23 354:10       327:12 343:4          238:13 239:10      143:8,12,16
        354:14 357:13       343:22                239:16 240:13      189:12 254:22
        357:16            familiarity             387:12             254:24 262:17
      facts 90:19           362:22             fifth 376:5           263:4,13,17,19
        97:19 98:6,8      fantastic            figure 12:5           264:19,24
        98:11 99:23         312:20                15:22 90:18        266:18 267:23
        107:11 164:6      far 74:19               108:13 369:5,5     269:5,17 270:4
        164:14,16           184:15 236:11      figured 36:18         271:14 273:13
        166:21 177:24       248:7 268:16       file 241:16           274:3 276:20
        273:11 295:5        326:6              filed 3:19            339:4,22
      fail 148:15         fast 84:9,11         files 241:14          363:22 383:10
        178:14            fda 178:9            filing 185:24       financially 4:6
      failed 240:5        fdids 370:19,22         186:6 189:18     find 22:17
      fails 150:11        february 22:20       filings 199:15        81:22 100:24
        237:20              22:22 23:5            220:2              142:10 148:25
      fair 53:19,20         369:8              final 235:9,20        165:12 170:6
        53:24 168:21      federal 6:11,20         318:11 377:14      174:14 175:5
        234:25              19:14,16,20        finance 5:21,23       201:20 229:18
      fairly 362:10       feel 6:15 172:7         5:24 6:7 18:13     230:12,20
        362:15            feinstein 10:15         19:12 29:9,24      289:16,22
      fall 135:19           10:18,24 11:8         50:19,21 65:12     297:21,25
        168:4               11:16                 65:14,17 66:8      299:4,15 300:6
      falls 48:16         fell 356:7              68:23 75:23        301:5,16 305:2
      false 151:19        ferrillo 158:20         76:2,8 79:14       312:9 323:13
        182:12,17,24        190:14,16             80:8 82:7          357:21
        182:25 183:3        191:8 203:12          103:3 166:7      finder 46:22
        244:23 246:3        203:15 204:17         168:10,20          354:9
        248:14,18           205:17 207:2          169:13 215:11

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                                     of 190

     [finding - follow]                                                     Page 31

      finding 77:25       first 5:4 7:13          329:5 342:10     flat 239:18
        146:22 149:20       25:22 39:12           367:10           flip 78:19
        156:12 183:20       40:24 64:21        fischel's 18:16        189:15
        246:16,16           86:22 124:23          22:23 43:10      flippant 148:5
        314:18 319:16       126:4,11,25           67:4 74:9        floor 2:4
        322:2,5 357:2       127:9,16              170:6,14         florida 1:3 3:20
      findings 199:5        129:18 133:9          268:10,14        flow 34:9 54:4
        321:11 329:6        141:11 143:25         270:2 271:6         61:21,24 62:6
      finds 184:4,24        152:8 162:25          278:16 301:13       62:8,12,16,19
        197:21 334:6        168:17 211:2          323:11 328:18       63:2,7,18,22
        354:9               211:20 231:4,9        328:20 341:9        64:5,10,16
      fine 83:10            241:17 243:17      fisher 197:17          197:8,9 199:13
        107:22 264:16       243:18,24          fisher's 144:20     flows 66:11
        271:2 305:17        246:7 256:4           163:14 184:5        67:16 69:2
        307:17 346:16       260:12,17,19          184:12 187:16       76:5,14 79:17
        384:19              261:11 278:11         197:6 198:9         80:12 81:6
      finish 75:23          282:4 283:9           326:5 334:6         82:10
        248:21              284:21,23          fishman 52:2        focus 43:5
      firm 2:3 7:17         285:5 286:15       fit 249:9              117:17 170:25
        11:21 12:2,21       287:12 290:9       five 81:14,21          218:2 222:19
        13:3 25:12          302:3 304:10          138:2,6,15,19       223:12 224:9
        26:4,18,21          313:17 314:16         139:7 141:8,18      225:3 311:12
        28:7 31:21          319:12 327:20         142:5,19            383:17
        65:25 66:5,7        339:10 372:9          143:13 159:5     focused 85:22
        135:6 140:18        374:12 375:11         159:10 160:16       154:15 155:20
        220:6,11,20         381:10                175:15 177:2        156:7 368:23
        237:18 242:6      fischel 34:6,7          177:21 179:14       379:20 380:3
        253:17,18,18        43:25 44:6            180:18,21        focusing 51:12
        326:16 343:16       73:4,6,20,21          181:4,15,18         311:23
        370:23 373:4        84:7 102:23           187:5,8 213:19   folks 38:20
        377:22 382:15       268:20 269:21         217:8 232:5      follow 14:9
      firms 7:4 189:3       278:15,16             251:4,10 252:9      30:18 46:16
        189:5,16            297:6 298:9           264:10 315:7        49:18 160:6
        297:19 343:17       299:14 301:12         323:20 342:13       166:4 175:20
        374:15 375:4        317:14,24                                 225:24 226:8

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                                     of 190

     [follow - fundamental]                                                Page 32

        239:12,14,17     forgive 251:22          289:12 292:8     frequently
        240:14 309:6     forgot 85:22            308:19 310:23      266:4
        309:17 312:17    form 83:2,19            319:8 328:22     front 96:24
      followed 288:9       83:21 185:22          328:24             107:19 161:9
      following 95:6       185:24 186:6        foundation           313:11 339:11
        119:4 125:19       186:18,18             65:12              382:9
        130:10 169:2       187:6,18            foundational       fruit 246:20,20
        171:19 185:15      199:14,15             79:21 80:14,17     246:25 247:21
        377:5              218:14,23,25          80:18,21 159:3   fuck 73:4
      follows 5:6          219:8 380:8           211:2            full 5:11 45:3
        225:22 226:5       383:3 384:9         foundations          111:11 128:8
        285:11 287:14    formal 267:16           65:14,16           128:18 155:25
        290:18,23          267:17              four 137:7           207:24 214:10
        305:23 324:2     format 241:16           148:8,13 179:9     256:4 261:11
      footnote 140:20      243:12                181:15 252:9       320:10 321:23
        180:17 181:5     formats 243:19          315:7 342:13       365:3
        186:3,16         forming 32:24           370:4,15         fuller 70:12
        196:10,18          33:11                 376:18           fully 192:3
        199:10 200:14    forms 96:8            fourth 375:14        331:24
        203:8 368:24       185:19 219:5        fraction 258:15    fund 227:11
        368:24 369:2,3   formulation             261:18             230:15
        369:23 370:11      171:3,5,8           frame 10:11        fundamental
        370:13           forth 24:17           framework            66:14 67:17
      footnotes 201:2      31:4,7 33:2,12        355:7              69:4,9,10,12,15
        369:23             133:4 154:24        fraud 140:22         70:3 71:12
      foregoing            171:21 207:11       fraudulent           72:7 73:2,9
        386:5              226:6 288:5           53:22              76:7,9 77:11
      foreign 185:25       319:18 324:18       fred 204:6           77:24 78:22
        188:19 219:21      388:8               frequency            79:23 80:20
      foremost 257:7     forward 370:8           144:16,22          81:2,11 82:11
      forever 262:15     found 17:11             155:20 156:7       82:12,13,18,21
        262:24             23:19 109:5,16        165:23 176:6       84:21 99:17
      forgetting           110:3 188:18          193:3 228:13       100:18 101:20
        376:16             193:18 194:5          228:14 379:20      102:8,18 103:8
                           218:23 243:4,5        380:3              103:17 117:7

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     [fundamental - go]                                                    Page 33

        159:15,25           372:12               106:24 107:11      375:14
        164:10,21         gamestop's             107:15 123:14    gnarus 7:7
        165:7 171:23        336:9 337:19         128:4 131:7      go 3:13 12:4
        172:4 336:13        338:8,22,24          148:3 151:13       14:24 23:7
        337:5,23,24       gamma 364:16           157:17 179:2       35:7 37:7 39:9
        338:4,12 339:8    gather 250:12          202:13 207:14      41:2 43:9
        344:10,15           362:19 371:20        209:7,14 210:9     44:16 54:7,12
        363:15 380:10     general 86:21          210:13 220:12      55:13 58:10,11
        380:24              191:5 206:23         220:15 236:2       59:23 61:14
      fundamentally         208:12 220:8         238:21 260:16      68:21 69:18,25
        67:7,10 73:18       220:10,18            265:7 266:17       73:21 81:19
        76:19 87:8          273:12 274:2         268:18 270:23      83:11 86:10
        165:19              279:16 291:25        272:6 273:23       88:11 89:14
      fundamentals          291:25 339:16        295:19 303:9       100:5 133:20
        362:3 363:10        343:20 354:19        303:25 304:3       152:23 164:18
        363:14 364:4        363:5                304:20 307:13      165:3 169:14
      further 248:13      generalize             307:16 339:18      170:9 179:6
        384:16 388:11       56:10                340:5 349:16       204:15 211:20
      future 66:7,11      generally            given 26:17          211:23 212:20
        67:16 68:25         122:24 134:11        28:8 160:12        213:2 219:14
        76:5,14 79:17       262:25               164:5 207:15       232:9 237:15
        80:11 81:6        generate 38:11         209:8 214:8        240:16,18
        82:10               38:22                238:22 280:3       243:22 250:25
              g           generated              282:16 303:15      251:23 256:5
                            37:12 40:10          331:19 356:25      260:20 266:14
      g 251:25,25
                          generating             386:10 388:10      266:22 268:14
      game 17:18
                            135:8              gives 70:12          281:18,25
      gamestop
                          genuinely            giving 156:15        286:11,17
        41:17 337:2
                            374:22,24            305:10 368:20      295:3 303:8
        340:9 341:4,17
                          getting 120:16       glad 352:8           304:9,21 315:2
        359:21 360:3
                            248:7 290:24       glauberson           322:13 330:15
        360:15 361:6
                          give 5:24 22:5         2:17 3:24          333:10 342:3
        361:20 364:8
                            60:21 69:3         global 211:17        343:19 345:20
        364:20 365:11
                            86:18 95:18        gme 359:16           345:24 346:14
        365:16 366:2
                            99:21 106:8,23       360:25 369:10      347:10,20
        366:17 367:8
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                                     of 190

     [go - guise]                                                         Page 34

        348:7 352:17       242:5,21            greater 188:8      group 7:8,19
        352:18 353:11      248:16 251:10       grenadier            171:9 214:2
        355:16 357:2       255:6 267:14          10:16,17           336:10 337:3
        374:21 378:24      289:7 304:3           178:20 179:20      337:20 338:9
        378:25 381:4       312:17,22             180:17 181:2       372:15,22
      goes 5:13 55:9       326:14 343:15         186:4,15,22        375:12 376:11
        74:6 93:6          344:6 345:21          187:15 196:10      377:16 378:3
        171:23 199:4       348:11 351:14         196:25 197:5     grow 246:25
        202:6 221:12       357:17 363:17         197:17 199:11    grown 246:21
        221:13 279:4       369:16,17             227:10 230:14    guess 20:25
        279:15,20          370:7,9 378:4         230:15 258:6       22:19 39:24
        281:8 297:8        383:7 385:2           258:12 292:20      47:9 48:9
        328:16 346:25    good 3:2 5:8,9          297:6,20 298:8     54:11 57:7
      going 3:3 13:11      75:19 136:4           299:3,25 300:5     71:21 72:23
        17:18 22:19        137:10,11             317:15,24          73:20 78:24
        35:10 38:18        311:14 343:8          326:9 327:21       79:7 98:8
        39:25 59:3       gotta 116:2             327:24 328:10      99:16 106:2
        61:5 76:24       grab 382:10             328:24 329:4       151:17 156:17
        92:16 95:20      graduate 6:23           329:13 330:24      196:24 204:12
        97:16 99:13        20:10,16,18,19        331:10 332:6       215:20 219:23
        106:4 107:7,8      20:24                 332:14 334:2,4     249:25 252:19
        107:9 119:5      graduated 6:9           342:10 367:11      263:16 265:22
        127:14 133:4     grammatical             371:18             268:14 269:11
        136:8 148:2,15     23:20 24:2          grenadier's          300:14 311:9
        148:15 165:24    granted 232:10          43:11 67:4         338:19 349:25
        178:13 179:9     granular                184:3,23 185:9     350:23 351:6
        182:11 189:5       240:21                185:17 195:24      352:5 354:19
        190:5 198:19     granularly              196:17 198:22      366:22
        208:14,15          240:25                198:25 200:16    guidance
        213:6,16 216:4   graph 38:19             200:19 201:3       180:11,19
        225:12 227:5     graphs 36:24            258:20 259:14      181:4,16,20
        229:22 230:5       37:12 38:8,11         259:23 261:12      183:13 184:7
        231:23 232:14      38:23 39:2            295:10 301:2       185:4
        234:8,13 237:3   great 242:25            323:11 327:2     guise 150:12
        238:20,21                                336:17 341:9

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     [guy - holds]                                                         Page 35

      guy 94:10          happy 21:23           headlines          higher 293:4
        189:7              83:7,15 88:13         241:17,21        highest 116:8
      gwyn 15:4            92:18 93:16         healthcare           116:12,16
              h            99:12,20 101:2        161:13 162:5       117:22
                           105:14 106:9          180:22           highlighted
      h 251:25,25
                           112:6 116:25        hear 71:22           196:25
        387:6 389:3
                           128:3 133:19          308:6 331:23     highlights
      hagerty 52:3
                           136:2 192:8         heard 362:14         364:17
      half 199:7
                           207:14 220:7        hedge 227:11       highly 111:2,6
        229:25 369:7
                           220:14 259:6          230:15             111:8,17,19,19
      halfway 143:22
                           269:2,20,24         held 1:14 20:5       111:25 165:25
      halliburton
                           270:25 272:7          21:15 89:9         302:16 304:6,7
        65:6 68:6 71:2
                           273:5,23 295:8      help 222:3           342:18 345:2
        74:7 78:8 91:6
                           295:21 340:2,4      helpful 42:17      hire 10:18
        100:16 167:5
                         hartman 15:4            183:11 374:23    hired 10:23
        167:19 169:5
                         head 33:20              374:24           history 339:5
        206:10,11
                           138:13 151:13       hereto 386:8         339:22
        212:3 278:3
                           161:10 168:3        hereunto           hit 231:7
      hand 89:4
                           169:25 170:16         388:15           hold 61:16
        161:24 324:21
                           171:17 192:16       heterogeneous        68:17 69:18
        324:23 333:19
                           193:3 221:19          362:13             76:9 89:18
        358:3 373:8
                           252:7 271:11        hey 87:22            92:10 107:14
        384:5 388:16
                           343:2 353:17        hi 88:21 89:8        107:14 109:15
      handed 179:17
                         headed 180:5            90:4 91:19         114:17 199:19
      handing 22:13
                           317:13,22             93:9 94:2,17       205:21 245:7,7
      hang 202:20
                           318:3 327:16          95:6 97:6 99:3     245:16 256:25
      happen 269:9
                         heading 180:13          102:4 104:17       281:24 282:12
        269:10 294:24
                           211:8,15 212:7        106:14 107:9       286:17,24,24
        295:2
                         headline 191:2          196:13 201:14      316:15 330:12
      happened
                           191:21 192:11         240:2,2            341:22
        166:24 167:15
                           193:12 194:6        high 197:8         holds 66:9
        167:21 246:12
                           195:14 217:4,5        199:12 205:21      68:23 75:24
        247:19 268:12
                           217:14,14             228:6,12,13,15     76:3 79:14
        269:22 277:23
                           243:24 313:8          228:16,20,23       80:9
      happening
                                                 228:25
        107:3 356:5
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     [honest - imposition]                                                  Page 36

      honest 37:25         367:15,19           ignore 138:15         363:17 364:17
      honestly 106:7     hypothetically           215:21 328:20      365:6,7
      honors 5:20          285:6                  328:25 332:23    impacts 65:24
      hoping 42:23                i            ignored 329:4       impermissible
      horizontal                               ignores 328:18        326:18 327:6
                         idea 92:12
       344:4,8,11,17                           ii 65:6 68:6        implement
                           95:24 241:24
       344:18                                     71:2 78:8 91:6     58:15,18 215:2
                           242:25 252:15
      hour 84:10                                  100:16 167:5       215:5,14
                           267:19 296:12
       199:7 369:7                                167:19 169:5     implementati...
                           330:8 337:12
      hours 127:3,11                              206:11 212:3       384:7
                           342:20 343:5
       229:25 252:12                              278:3            implicates
                           346:7
       252:25 253:5                            illustrative          361:24 363:6
                         identical
       368:20 378:8                               55:15              363:25
                           314:15 384:2
      huang 251:24                             imagine 249:21      implies 348:2
                           384:14
      huh 152:19                               immaterial          implying
                         identification
       199:20 362:8                               229:22             241:15
                           22:9,11 89:12
      hundred 253:4                            immediate 43:8      importance
                           161:23 210:21
       269:17                                     43:18 44:7         120:17
                           242:10 313:2
      hundreds                                    282:6 283:11     important
                           327:9 358:10
       241:11                                     283:24 284:10      116:6,14,18
                           371:16
      hypothesis                                  285:9 287:4        117:19,24
                         identifications
       65:11 84:13                                288:8 289:14       119:16 142:25
                           370:23
       211:23 213:8                               289:24 290:12      142:25 145:16
                         identified
       215:22 334:25                              381:12             145:22 146:4
                           166:2 173:2
       335:18 344:3                            immediately           229:8 260:6,23
                           180:18 186:5
       344:25 347:14                              6:13 82:17         381:2
                           196:11 369:9
      hypothetical                                319:20           imposed 126:6
                           379:13
       87:16 275:16                            impact 55:18          126:12 127:2
                         identify 120:7
       275:21,25                                  55:23 56:11,15     127:10,23
                           158:3,13
       276:6,12,21                                59:5,9 189:2       352:4 374:7
                           159:11 160:20
       277:3 289:4,11                             247:18 248:15      375:4
                           163:21 183:4,5
       289:15,22                                  248:19 249:13    imposition
                         identifying
       290:2,3,16                                 249:14,18,22       55:19 351:15
                           171:21
       291:5,8,12                                 250:2,22           352:24 353:4
                         idiosyncratic
       357:17,20                                  308:21 356:10
                           343:11
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     [impression - information]                                            Page 37

      impression           291:9,12            index 39:15        inefficient 16:4
        78:10,14,21      inconclusive            40:2,3 110:18      16:5,18,25
      inaccurate           319:13,25             356:7              17:8,16,25
        30:23 42:22      inconsistent          indicate 57:8        67:18 70:6
        220:13             97:6 99:8             131:14 152:3       148:18 150:16
      inappropriately      165:18 283:19         184:19             176:19 277:16
        67:5             incorporated          indicated 57:9       278:9,21 280:8
      inclined 321:14      64:25 65:23         indicating           283:24 289:12
        321:22             83:17 297:16          322:2              289:16,19,23
      include 7:6          297:17 310:22       indications          290:5,11
        61:8 220:24        366:18,21             46:2 204:13        340:11 341:18
        230:23 233:3     incorporates          indicator            381:20
        247:7 296:6        383:4                 150:10,15        inferring
        370:19 371:5     incorrect 7:25          227:9 240:6        226:16
        382:22 383:15      71:18 78:11,12        351:8,25         influence 206:5
      included             84:24 85:3            352:16             206:17 283:2
        182:15,19          188:2 219:15        indicators           344:7 348:4
        230:22 244:19      262:13 310:15         45:16,18         influential
        245:11 246:9       329:6,22              140:23             205:25 206:3,4
        246:19 295:23    increase 295:11       indices 121:16     inform 52:20
        300:13 361:16      295:12 308:23       individual           86:13 87:2,6,7
        372:22 378:3       309:23                34:12 253:10       87:10 89:23
      includes 18:8      increased               339:6,23 344:8     90:11 93:16
        42:21 180:21       292:13,18             344:17 345:2       96:19 100:12
        224:25           increases               373:4 377:22       101:11 207:5
      including            308:12,16             382:14,19          239:22 240:7
        367:25,25          309:6,7,11,14       individuals          240:11 307:14
        372:12 380:15      309:18 310:3,4        251:17 252:8     information
      inclusion            310:12,18             252:10 312:9       32:4,10 61:20
        244:23 245:25      311:20 375:3          339:13             62:15,19 63:2
      inclusive 175:4    independent           industry             63:6,8,12 64:5
        189:5 219:9        56:20 349:3,7         110:18 121:16      64:9,16,24
        221:25 231:6       349:8,9 350:14        343:18             65:22,24 67:10
      incomplete           350:24 351:14       inefficiency         74:14 76:12
        276:5 277:3        352:10 355:17         150:20             82:25,25 83:17

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     [information - investigating]                                           Page 38

        84:2,3,14,15       333:6,14,21            informed 25:2      intentional
        85:14,14 86:13     336:5 339:18             33:15,16 53:12     336:10 337:2
        86:25 89:22        346:5 365:5              234:18,18          337:20 338:9
        90:10 95:15        366:18 379:19            238:25           interactive
        96:18 97:8,14      380:2,6,11,14          informs 111:15       374:14
        97:17 100:2,11   informational              205:22 278:4     interest 361:9
        101:11 104:5       66:19 73:3,10          initial 12:10      interested 4:6
        104:25 137:21      78:15 84:25              13:12,17,19,20     63:25 64:2,20
        143:2 144:3        85:6 101:24              22:16,24 23:3      64:21 325:5
        151:22 153:15      102:19,22,24             30:8,13 36:2       388:14
        154:5,12,17        102:25 103:5,8           53:2 202:16,18   interesting
        155:4,20 156:6     103:9,18 104:2           202:20 230:4       164:13
        156:23 157:6,8     154:14 159:20            242:23 260:3,4   interfere 3:10
        157:16 158:4       160:4,8,17               260:5 268:10     interpret 143:4
        158:14 159:12      161:2,7 164:9            298:22 383:21    interpretation
        160:21 161:5       164:21 165:7           initially 229:13     291:7
        163:22 173:4       165:15 166:6             231:14           interrupt
        173:10 174:23      169:20 172:10          inputs 56:22         325:12
        175:14,21          189:14 247:24          insignificant      intervals 369:7
        188:25 197:8,9     297:14 339:9             323:3 378:13     intraday 36:10
        199:13 221:2       363:15                 installed 57:10      36:23 37:2
        225:9 227:4      informational...         instance 177:25      39:14 55:18
        229:14 230:2,3     65:3 76:19               189:7 298:3        56:2 348:23
        230:12 231:18      78:9 87:12               315:19 352:21      355:12 357:9
        231:21 232:8       104:9 105:4              353:8            introduced
        232:12 256:9       155:11,14              instances 77:15      182:23
        276:7 294:11       156:12 160:25            238:13 239:7     introducing
        297:15 308:20      165:20 278:13            239:15 240:13      106:17
        310:22,25          310:24 342:6           instructions       inventory
        311:25 313:22    informative                49:19              370:19 371:5
        320:16 321:8       142:6,10,19            intake 264:5       inverse 63:16
        326:9 327:25       143:13 203:23          intended             147:21
        328:12 329:4       204:23 205:15            315:14           investigating
        329:15 332:9       227:16 229:18          intention            255:22
        332:15,21,24       230:12                   288:17

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     [investigation - kindly]                                              Page 39

      investigation         156:20 157:4         112:16 113:9       168:10 169:13
        368:9               379:17,24            115:10 116:8       314:18 315:9
      investment          isolated 157:14        116:16 117:21    journals 18:23
        219:2 247:2,14    issue 44:12            118:22 119:18    journey 314:11
        248:10 250:18       96:16 121:15         120:10 121:22      314:19 316:6
        343:7               124:25 126:2,5       122:4,4,12       judge 75:3
      investor 229:18       126:11,21,25         123:23 124:3     justification
        362:12              127:9,17,23          125:6 126:7,13     338:20
      investor's            220:6,11,20          127:19 128:8     justified 362:3
        54:16,21            261:14,25            128:18,25          363:9 364:4
      investors             273:8 275:9          129:7,13,22               k
        161:13 162:5        279:4,15 281:8       130:23 132:3,6
                                                                  k 185:19,20,23
        175:5 180:22        299:6,16 300:7       134:4,13
                                                                    185:24 186:7,7
        188:22 189:14       301:6,17,25          135:15 227:25
                                                                    186:18,18
        227:3,4 230:19      314:2 316:19         228:9 315:9,24
                                                                    187:6,6,18,18
        230:20 258:14       317:8 356:12         317:9 320:13
                                                                    188:19,20
        261:18 336:11       372:17,21            325:15 369:8
                                                                    199:14,15
        337:3,21            375:13 376:5         374:16 381:21
                                                                    218:14,14,23
        338:10 365:9        376:11 377:10        381:25 382:2,3
                                                                    218:25 219:5,5
        380:12,15           378:2                384:8 386:1
                                                                    219:8,8,19,20
        381:3             issued 99:6            389:1
                                                                    220:2,2,5,7,11
      invitation          issuer 185:25        job 210:12
                                                                    220:11,20,21
        107:10              219:21               307:12 323:5
                                                                    222:5,5,15
      involve 171:12      issues 384:18        john's 203:12
                                                                  kane 244:15
      involved 235:9      item 35:17           joined 4:16
                                                                  kathleen 52:2
      ipo 34:7 73:7       items 219:7          jointly 19:19
                                                                  keep 79:22
        84:8              iv 376:19,22         jones 242:17
                                                                    209:16 237:15
      irrationally                j              371:13,18,23
                                                                    325:2
        336:12 337:4                             372:5,23 373:9
                          january 1:6                             kellogg 20:9,16
        337:22 338:11                            375:7,12 376:8
                            3:17 39:15                            kind 51:14
      irrelevant                                 377:11,15,21
                            42:3,16,21                              144:19 267:18
        384:4                                    382:7,9 387:17
                            43:6,7 45:4                             279:6 286:11
      isolate 153:13                           journal 18:13
                            54:14,20 55:6                           334:16
        154:3,10 155:2                           18:19,20,25
                            60:3 109:6,17                         kindly 178:18
        155:17 156:4                             19:5,8,11
                            110:4,10
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     [knew - largest]                                                    Page 40

      knew 11:13           151:18 152:5         272:3,25 275:7   known 84:15
       130:5               153:7 155:7          276:19 278:6       85:15 124:16
      know 7:19 9:5        160:11 164:12        280:2 282:19       362:10,15,18
       9:16 10:15,20       172:2,11             283:18 284:15    knows 106:3
       10:22 13:24,24      174:11,16            286:4 291:9      koss 39:22
       20:25 28:3,16       175:12 176:5         294:17,18          44:14 45:9
       28:16 29:5          177:25,25            296:15 297:13      46:12 109:14
       30:14 35:25         180:15 181:12        298:10 300:16      109:17 110:8
       37:23 38:14         189:4 190:2          303:6 316:9        126:15 319:6
       48:15,16 54:7       192:21 193:2,3       317:17 321:6       376:6
       56:9 57:13          193:6 194:2,21       322:11 329:3,8   kreps 362:14
       58:12 59:2,4,6      195:7,16,21          331:24 332:22    krogman 43:5
       63:20 68:12         201:13 205:3,8       338:17 339:12      138:11,17
       70:13,25 71:19      205:13 206:13        339:24,25          139:23 140:3
       71:25 77:13,14      206:21 208:7         342:7 343:12       141:5,15,22
       79:2,22 81:16       208:10,12,25         343:13,17          142:13 320:17
       84:10 85:25         209:6,9,16           345:8 346:4      ks 174:20 175:2
       87:14,19 88:6       215:16 220:3         350:5 351:10       189:19 218:20
       88:8 90:14          223:16 226:22        354:16,20          219:13,14,17
       91:6 92:15          228:12,21,24         355:21 356:17            l
       95:22 97:23         229:2,11 230:9       362:16,17
                                                                 l 2:10
       99:10,23,24         231:19 235:19        363:13 368:8
                                                                 labeled 36:12
       103:23 104:10       240:9 241:7          368:20 376:22
                                                                 lack 99:7
       105:6 106:8         242:20 246:13        380:13
                                                                   149:25 150:5
       108:14 112:7        246:18 250:3        knowing
                                                                   150:22
       113:24,25           250:11 252:6         271:14,17
                                                                 large 110:13
       115:23 116:20       252:25 253:23        348:3 363:18
                                                                   111:4,9,19
       119:17,22,24        254:5,8 255:6       knowledge
                                                                   112:2 119:8,24
       120:22 133:22       256:16,18            74:23 168:20
                                                                   257:13,16
       135:18 138:11       259:6,10 263:7       201:7,16
                                                                   296:3,5,10
       138:15 139:12       264:4 265:11         277:18 278:23
                                                                   369:9
       140:11,12,16        265:16 266:6,8       297:17
                                                                 largest 112:4
       140:19,24           266:21 267:3,5      knowledgeable
                                                                   112:12,20,24
       142:10,12           267:8,9,10,12        257:10
                                                                   113:10 115:3,7
       143:3 144:13        270:18 271:12
                                                                   115:10,14
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     [largest - living]                                                     Page 41

        116:21,24           72:22 77:10,22     legally 5:12           153:21 156:2
        117:10 118:16       78:4 91:25         lepic 2:12 4:18        213:19 217:9
        118:23 119:19       166:9              level 184:20           243:18,24
        119:25 120:10     lay 274:12              197:23              314:16 370:4
      larry 37:25         layman 47:10         levels 375:25          370:15 374:11
        119:11 202:13       72:18              library 6:15,19        375:2,22
        249:7 345:20      layman's             license 5:13        linked 284:24
      late 291:11           274:12             life 106:4          list 18:8 25:22
      laurence 2:5        layperson               314:20 362:16       32:3,9 373:8
        4:19                279:17             likely 135:6        listed 186:10
      law 2:3 11:21       lead 183:16             153:14 154:4        313:18
        12:2,21 13:2        217:5,14              154:11 155:3     lists 32:16
        25:12 26:3,18       246:11,15             155:18 156:5        180:21
        26:21 28:7        leading 265:23          156:22 157:5,7   literally 241:5
        31:21 68:16,19      266:11 292:12         157:15 178:13    literature
        70:21 72:15         320:12 381:24         364:16 379:18       18:17,21 19:3
        74:10 75:4          383:20                379:25              19:6 78:7
        78:6 101:23       leaked 95:23         limit 217:2,12         101:22 342:23
        166:10,19         learn 193:20,24      limitation             343:23
        167:2,16,22       leave 176:8             26:12,16         litigation 1:7
        168:13 169:11       298:14 357:23      limitations            3:18 6:4 34:7
        170:8,13,15       leaving 262:11          371:3               84:8,8 89:9
        203:12 242:6      lecturer 7:23        limited 28:19          101:6,8 162:6
        253:10 280:13       8:22 21:4             329:8 372:16        169:19 272:24
        280:15            led 188:12           line 29:14             326:17 386:1
      lawsuit 11:22       left 130:4              89:17,20,20         389:1
        32:25 33:11         258:25 259:21         96:3,11 98:15    litinomics 7:7
      lawyer 53:6           333:3,11              98:19,20 113:8   little 52:7,8
        68:7 78:7           368:19 373:8          216:22 387:19       62:23,24 127:2
        92:11,20 93:6     legal 14:4              387:23 389:4,7      127:10 180:16
        93:24 96:3          27:22 28:25           389:10,13,16        207:9 286:13
        138:10 142:9        68:13 75:14           389:19           lived 270:13,14
        219:24              138:9 166:11       lines 38:13,15         270:24
      lawyers 71:5,6        168:6 279:7           60:4 92:19       living 15:5
        71:8 72:15,21       280:18 337:10         94:14,20 98:21

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 141
                                     of 190

     [llp - lost]                                                         Page 42

      llp 1:15 2:8         125:8 128:2           353:3 354:3       159:25 160:4
        4:15               133:19 134:8          355:20 356:5      161:2,4 174:20
      location 3:21        136:2 138:10          358:18 359:8      178:10 186:20
      logarithmic          140:19 141:22         361:4,7,8,13,18   198:3,24 203:4
        109:11,11,20       142:2 144:15          369:15,16         204:24 207:16
      logic 17:18          145:7,9 150:7         370:3 372:2       207:19 212:6
        79:3               155:6,14              373:2 374:10      218:20,22
      logical 341:24       162:22 170:20         374:25            219:4,16
      logically 46:15      179:24 184:2        looked 33:3,13      230:25 233:7
        288:9 324:2        185:14 201:9          33:17 42:8,13     237:17 240:22
      long 79:2 188:9      207:13,15             51:10,20 120:4    240:23 242:24
        216:10,13          208:5,18              122:3 140:24      243:11,23
        271:12 285:15      209:22 210:17         154:16,20         245:14 256:23
        339:5,22 351:8     213:14 226:20         155:13 165:22     261:5,6,8
      longer 102:17        229:9,11,13           171:3 174:22      269:25 282:2
        103:16 188:13      230:5,11 231:9        180:23 181:7,8    286:15 288:6
        225:22,24          232:2,9 239:3         186:21 199:6      306:12 314:16
        226:5,8 243:16     242:3 243:22          209:10 216:15     316:24 317:10
        285:10 290:17      244:7 245:3           216:16 240:2      319:23 333:8
        290:22 291:6       247:15 248:4          241:8 276:17      335:25 352:19
        371:19             248:20 249:10         284:8 321:7       352:25 356:3
      look 5:13 25:18      259:6,25 260:8        329:23 350:4      358:19 362:25
        30:20 42:18        261:2,4 268:9         369:25 375:11     365:2 371:2
        54:8,13 57:6       269:20 271:6        looking 13:12       373:18 375:13
        58:7 66:22         272:7 273:6           13:16 22:23       375:16 378:10
        72:25 83:5,14      274:15 275:2,7        33:21 39:11       383:24
        83:15 89:16        276:14,18             41:5 42:10,24   looks 162:16
        90:15 100:5        280:16,17             44:18 48:24       204:2 249:24
        101:2 106:9,25     282:24 295:21         53:2,8 55:18      327:12 331:15
        108:18 109:13      300:16 302:18         63:22 66:18,23 loss 60:14,15
        109:22 112:6       313:13,25             73:25 95:24       60:22 61:6
        113:13,16          314:5 325:3           109:10 124:13     355:2,9
        114:2,14 115:4     328:7 329:20          125:11 130:15 lost 51:14
        115:18 116:2,4     329:22 340:4          148:6,7 153:10    309:8
        116:23 118:3       352:12,19,24          154:14 158:7

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                                     of 190

     [lot - market]                                                     Page 43

      lot 28:13          main 364:15           manipulation      39:20,22 41:14
        175:21 178:2     maintain               167:10 282:10    42:2,13 44:4
        185:6 278:2       303:21                283:15 284:4     44:11,24 45:10
        286:10 295:22    major 216:24           285:14 287:18    45:19,23 46:4
        338:13 343:13    majority 10:10         288:13 290:21    46:13 50:10
        350:3 363:12      298:21                336:10 337:3     51:9,21,24
      lots 380:13        make 9:22              337:10,20        52:4,10,13,15
      low 197:9           14:25 29:7            338:9 381:16     54:19 55:5
      lp 89:8             47:25 48:5,7         manufacturers     63:9,13 64:20
      lrosen 2:6          72:25 105:22          178:3,5,8        64:25 65:11,21
      luis 7:24 8:23      118:20 142:23        march 8:18        66:9,15 67:8
        10:3 19:25        152:20 162:21         23:12 162:3      67:12,18,22,25
        20:6 21:11,16     167:13 183:2          166:15 171:4     68:3,24 69:5
      lunch 136:4         198:8 217:20          179:20           69:11,12,15
      luncheon            220:2 233:19         margin 131:4,6    70:3,5,19
        136:10            268:22 276:11         131:9 375:3      71:14 72:8
      lying 59:3          287:21 288:2,5       mark 21:18        74:11,16 75:14
              m           289:7 292:5           242:5            76:2,3,8,9,13
                          298:11 307:4         marked 22:8       77:25 79:11,15
      m 5:3 137:4
                          329:22 341:8          22:10 31:9       79:15,21,24
        371:13,18
                          343:6                 32:13 36:9       80:6,10,10,14
      macroecono...
                         makes 9:5,13           89:5,11 107:24   80:20 81:2,4
        270:21
                          205:3 208:12          161:22,25        81:11 82:8,13
      made 93:15
                          236:11                179:18 195:25    82:18,21,23
        189:20 218:7
                         making 118:6           210:20 235:5     83:2,20,25
        225:12 229:20
                          118:21,24             242:9 257:24     84:3,13,15,21
        231:23 233:17
                          152:8 155:10          281:22 312:25    84:25 85:6,11
        233:20 234:13
                          159:22,23             313:8 316:13     85:15 87:25
        234:21 241:23
                          189:22 218:25         325:4 327:3,8    90:10,12 96:9
        285:19 339:13
                          288:15 307:22         358:4,9,21       97:25 99:9,17
        386:6
                          342:7 357:15          371:15 372:4     99:18 100:18
      madison 2:3
                         man 244:11            market 16:3,18    101:13,20,24
      magnitude
                         manage 188:10          17:8,15,24       102:8,22,24,25
        294:12 299:20
                         management             18:4 29:11       103:5 104:2
        309:23
                          20:10,17              30:3 37:9        110:18 121:16

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                                     of 190

     [market - mean]                                                     Page 44

        137:23 138:6      283:7,13,15           381:19           matters 14:20
        138:20 139:8      284:2,4,19           marriage           15:10 16:14
        139:11,12         285:12,14             388:13            138:9 175:25
        140:5,17,22       287:7,15,17          master's 5:23      180:21
        141:6,17,23       288:11,12            matches 67:19     mba 20:11,21
        142:7,14,20       290:5,7,11,19         70:7              20:22
        143:14 146:22     290:21 319:19        material 24:9     mccabe 252:2
        149:5,18 150:2    320:12,19             97:8,14,17       md 1:4 3:21
        150:5,16,23       340:11 341:7          175:5,14         mean 7:17 9:3
        151:5 152:4       341:13,17             188:21 189:21     12:3 13:25
        165:13 167:2,9    342:5 344:3,25        220:25 221:14     14:4 20:8 21:2
        167:17,23         345:7 347:14          221:16,21,23      27:23,24 28:13
        168:14 169:11     358:6 359:4,17        229:16,21         28:14 29:4
        173:20 176:20     359:22 360:4          230:3,3 231:17    30:4,20 34:3
        176:21 178:16     360:16 362:13         231:22 259:2      34:15 38:10
        183:6,9,17        366:23 380:25         259:21 262:11     39:18,23 43:23
        187:9 189:22      381:14,15,21          312:10 341:10     45:16,24 47:6
        203:21 204:19     387:15                380:11,14         47:9,11,15,25
        207:7 211:23     markets 26:6,8        materiality        48:10,12 49:18
        213:8 215:22      26:10,15,24           222:8,14          49:18 50:11
        217:21 221:10     27:5,17 31:15        matter 3:17        51:19 54:3,4
        223:3,25          37:4,5 104:8          14:4 17:5         54:10 55:8
        232:13 239:2      105:3 212:8           30:13 46:23       56:8 57:4,5,10
        239:23 240:8      261:14 262:17         60:11,15,23       57:20 58:25
        255:23 257:8      263:4,13,20           79:10,12 80:5     61:7 62:24
        257:17 258:15     264:19,25             80:7 85:12        63:20 64:17
        261:19,25         266:19 267:23         105:18,20         65:15 66:4
        265:15 271:21     269:6,18 270:4        173:23 174:3      68:2 69:16
        272:9,13,17       271:15 274:4          180:22 230:9      70:4,10,23
        273:14 275:14     282:5 283:10          232:21 251:19     71:17 72:25
        276:2 277:16      283:23 284:9          254:19 264:17     73:3,10,14,19
        278:9,21 279:4    285:8 287:3           264:23 271:4      77:14 79:19
        279:15,20         288:7 289:12          274:2 310:8       83:13,14,20
        280:8 281:8       289:23 339:5          311:5 378:10      84:6 86:5,9,16
        282:8,9,25        339:22 381:11         388:14            86:18 87:15,19

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                                     of 190

     [mean - media]                                                      Page 45

        88:11,12 89:2      189:4 195:16         310:23 311:21     150:10 152:17
        89:21 90:14        195:17,21            313:25 314:25     265:9 266:25
        91:7 93:3          201:8,8 204:5        315:16 321:7      306:4 342:8
        95:16 96:12,16     206:9,11 208:2       322:22 325:11     357:12 378:15
        96:22 98:4         209:6,15             328:19,22        meant 24:13
        99:16,18           215:18,19            330:6,6 331:18    90:21 99:17
        100:20,22,23       218:18 220:4         335:10 338:16     104:11 105:15
        102:21,23          226:19 228:5,6       339:10,25         113:4 134:18
        105:7,22 106:8     228:17,24            341:19 342:20     211:2 347:7,9
        110:17 111:18      232:2,10             343:2,10,12,16    347:11 352:7
        112:18,23          237:14,22            345:3,19,23       363:13 380:10
        115:21 119:23      239:2,24             347:20 348:3      380:22 381:2
        120:2 121:24       240:18 241:22        349:15,25        measure 53:16
        123:3,6,13         247:15,16,23         350:7 351:25      54:5,17 56:10
        124:19,23          249:10,11            352:5,6 353:8     56:14 58:9
        128:12,13          252:19,20            354:3,16,18       64:6 121:14
        130:9,18 131:3     254:13,15            355:20,22         175:10 264:7
        131:6,24 132:9     256:8,10 259:9       360:20 361:7,8    278:8 284:16
        133:19 134:21      259:10,25            361:15 362:15     353:15
        134:22 135:5       263:24 264:3,4       362:21 363:11    measured
        140:6 145:6,7      265:3,16 266:7       363:16 364:5,5    30:12 74:5
        146:18 148:2,4     268:6,8 272:4        365:6,7,18        293:20 378:7
        151:11,12,17       274:8,15             375:7,17,19      measurements
        154:15,18          277:22,23,25         380:6,9,22,23     59:21
        155:7,9 156:16     280:10 283:17        381:17 382:4     measuring
        156:24 157:21      284:17 287:21        382:17            356:9,23
        158:23 160:11      287:22,24           meaning 17:4      mechanism
        164:23 167:4       293:15,17,20         183:19 199:16     74:13
        170:5 171:8,16     294:24 295:3        meanings          media 3:15
        172:5 174:7        296:3 297:5,10       303:3             35:10,15 76:24
        176:5,8,18         300:13,15           means 40:4         77:5 136:8
        178:15 182:5,9     302:5 304:5          45:3 59:23        137:7 179:9,14
        182:17,22          305:8,11,14          67:12,17 106:7    211:18 251:10
        183:4 184:11       306:11 308:18        106:11,12         251:15 312:22
        186:20 188:16      309:24 310:6         114:15,19         313:5 348:11

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                                     of 190

     [media - model]                                                      Page 46

       348:16 384:24      231:6                middle 41:6        misconduct
      meet 10:24         methodologi...         211:16 212:16      353:14
       131:4 148:13       217:19 218:7          258:11 315:25     mispriced
       184:5 200:5        240:21                377:8              74:12 338:18
      meeting 11:6       methodologies         midway 42:25        338:21,23,25
       176:14             53:10 187:12         miguel 252:3        339:6,7,8,23,25
      meets 148:9         190:4 288:25         miller 65:15       mispricing
       184:11 237:19      292:6                million 292:21      336:9,25
       237:20            methodology            293:5              337:18 338:8
      member 47:3         46:25 47:14          mind 47:18          338:15
      members 53:15       52:25 122:24          50:18 52:23       misquoted
      memorized           174:15 175:18         55:4 58:3          258:24 259:5
       114:23 208:3       177:3,6,12,22         59:19 135:14       259:11,15,16
       269:19             181:21,23,25          187:4 192:19       260:7,25
      memory 101:4        182:4 190:17          226:17 243:6      missed 53:5
       115:21 125:9       193:19 194:16         289:11 290:16      85:19 97:14
       129:15 133:22      194:23 195:5          302:22 303:13     missing 324:4
       136:3 162:20       196:23 198:12         303:16,19         misspoke 80:16
       211:24 221:5       204:24 205:12         304:13 347:23      176:13 234:2
       295:4 369:17       205:25 206:23         351:7,11,17,17     261:10 311:9
       374:5 378:6        207:2,10,22,25        355:15 362:20      311:13
      mentally            208:3,9,20           minuscule          mistake 245:16
       117:10             223:19 225:23         249:15 250:23     mistyped 5:15
      mention 99:18       226:6 235:18         minute 120:5       misunderstan...
      mentioned 41:4      236:23 247:25         208:16 251:4       117:8 300:3
       214:24 217:4       292:2 315:14          316:15 368:21     misunderstood
       268:6 291:15       355:7 368:25          377:13,13          199:22
       378:12            metro 211:17          minutes 81:14      mitigating
      merely 72:14       michael 52:2           120:4 214:9        124:11 130:3
       143:6             michigan 15:5          218:21 219:10      130:10,11
      met 11:5           microphones            353:5,6,6          287:22
       151:20,22          3:5,10                368:19            mixed 201:23
       174:12 204:23     microstructure        mischaracteri...   mixing 202:11
      method 55:5         51:9,22,25            233:24 366:4      model 48:12,13
       74:2 197:19,24     52:4,10,13,16                            48:15,18,25

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 146
                                     of 190

     [model - need]                                                      Page 47

       49:6,9,13,14      months 6:12,18         96:14,18 97:5    name 3:24 5:11
       50:8 51:12,14     moore 1:15 2:8         97:11 99:4,8       170:2 217:3,13
       51:17,19 52:22     3:22 4:15             100:11 101:10      252:3 253:17
       53:12,25 54:3     morning 3:2            104:5,15,24      named 253:10
       54:4 57:3,11       5:8,9 125:6           105:9 106:16     names 170:23
       58:8,13,19         172:7                 106:19 107:13      170:24
       59:8,12 60:2,2    move 178:7             110:10,12        narinder
       67:21 70:9         213:4,24              112:13,19,21       253:10
       123:20 131:15      246:10 308:4,8        112:25 114:24    nearly 344:4,11
       132:14 209:20      345:13 346:18         115:11 117:21      344:18
       291:18 292:7       347:16                119:9 120:10     necessarily
       349:18 354:23     moved 189:9            130:2,22 152:2     48:9 85:5
       355:3,11,12       movement 58:5          213:25 224:3       134:16,19
       357:9,10,19        61:21 88:9,10         226:25 228:18      150:15 152:10
      model's 131:17      98:2 113:10           236:5,7 291:19     161:4 165:10
       132:15             115:9,15              296:2,9,20,23      167:11 176:17
      models 48:2,6       116:22,25             307:25 348:23      178:6,15
       49:15 50:12        117:11 118:23        movers 226:23       193:15 194:2
       52:17,19 59:18     119:19 174:13        moving 174:24       194:13 205:8
       59:23              224:20 225:6          174:24 219:2       221:15 237:21
      modern 65:12        225:10,18             300:23             241:15 282:19
       65:14,16           226:16 227:21        multi 48:12         282:24 284:13
      modigliani          228:3,11 229:5       multiple 159:6      284:17 285:10
       65:15              235:11,14             181:12,14          290:17,23
      moment 9:23         297:3,23 299:7        218:8 315:2,6      351:8 352:6
       14:18 50:3         299:17,21            music 250:10        354:15
       161:25 281:20      300:8 301:7,18        250:15           necessary
       323:10            movements             mute 3:8            78:25 79:5
      momentum            56:5 58:20           myers 265:17        386:7
       227:9,12           61:24 62:13           265:18,22,23     need 47:25 48:5
       230:17,18          64:15 86:12,15              n            48:7 90:25
       312:6 380:18       86:17,25 87:17                           91:7,8 93:14
                                               n 2:2 5:3 137:2
      monitor 240:22      87:20,23,24                              95:19 97:18
                                                137:2,2,4
      month 245:20        88:4,16,19                               98:5,6 106:10
                                                251:25,25
                          89:22 90:9                               107:20 115:18
                                                387:2
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                                     of 190

     [need - news]                                                        Page 48

        134:8 172:7     114:20 150:19            150:9,12,12,13    181:17 182:14
        210:11 212:18   268:13 299:23            151:3,3,11,23     182:15,18,19
        213:10 226:18   332:2                    152:14,14,17      183:14,17,17
        276:6 280:13  new 1:15,16,18             152:17,18         184:6,6,7
        282:7 283:12    2:4,4,9,9 3:23           153:2,2,4,5,12    185:2,2,3,3,5
        283:25 285:11   3:23 6:14,18             153:12,13,25      185:18,19,20
        286:11 287:15   65:24 76:12,16           153:25 154:3,9    186:7,19 187:7
        288:4,10        90:10 137:21             154:9,10,19,24    187:7,8,13,13
        290:18 304:19   144:3 158:4,13           154:24 155:2      187:19 188:18
        307:14 331:22   159:12 160:21            155:18,21         188:21,24
        331:22 339:17   162:6 163:22             156:4,7,12,16     189:17,21
        350:7 351:3,4   173:3 327:24             156:16,19,19      190:9,9,19,19
        354:20 356:21   328:11 329:14            156:21,24,25      190:25,25
        356:22 369:25   332:8 333:5,13           157:3,3,4,11,11   191:11,11,22
        381:13          333:20 388:5             157:14,24,25      191:22 192:2,7
      needed 11:18    news 40:17                 158:3,10,10,13    192:7,20,20
        38:18 131:5     61:24 62:6,8             159:4,4,9,9,11    193:5,5,13,13
        165:12 231:9    62:12,16,19              160:16,16,20      193:15,16,23
      needs 215:22      63:7,18,22,23            161:16,16,17      193:23 194:3,5
        220:6,11,20     64:5,10 96:15            163:13,13,15      194:5,13,13,21
      negative          98:16,22 99:5            163:16,19,21      194:21 195:2,2
        183:16,19       124:19,19                164:4,4 165:22    195:13,13
      negatives         144:4,5,9,9,11           165:23 171:21     196:5,5,6,19
        182:12,17,24    144:12,15,17             172:18,18         198:4,4,11,11
        183:3           144:18,23,25             173:2,2,2,19,22   198:17 199:12
      neither 31:12     145:2,5,10,10            173:22 174:4,4    199:23 200:5,6
        67:3            145:13,14,18             174:21 175:4      201:5,5 203:25
      neo 174:21        145:19,21                175:10 176:3,3    204:24,24
        187:11 188:3    146:2,3,7,8,20           176:10,15,16      205:10,10,23
        188:12,17       147:2,3,7,8,10           176:24,25,25      205:23 206:2,2
        218:11,13,19    147:16,17,23             177:11,14,19      207:5,5,11,11
        218:22 219:12   147:24 148:10            177:20,20         207:23,23
      nera 7:7 191:14   148:14,14                178:11,12,14      208:11,11,20
      never 15:14       149:3,4,9,9,15           178:14 180:10     208:20 211:9
        20:5 21:9,15    149:16,23,24             180:10,20         213:25 214:24

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                                     of 190

     [news - november]                                                   Page 49

        215:12,13           323:3,9,12,20       116:10,18         323:24 324:14
        216:23,25           323:22,24           117:13,14,23      324:23 326:3
        217:11,20,20        324:14,21,23        126:21 184:4      334:18 350:8
        218:3,17 221:9      325:16,21,21        184:24 187:18    nonefficiency
        221:15,16,21        325:25 326:3        196:22 197:10     246:17
        222:2,6,7,7,19      328:18 332:8        197:19,23        nonsubstanti...
        223:13 224:7,9      333:5,13,20         228:7 231:2,10    23:18
        224:25 225:3        334:8,9,11,17       233:8 255:23     normally
        227:18,18           334:18 335:3,4      256:14,20         293:23
        228:7,9 229:3       335:9,20,21         289:13 297:2     northwestern
        229:16 234:23       336:6 341:10        297:22 299:5      5:22 6:24
        235:10,12,23        341:12 345:14       299:16 300:7      20:17 21:6
        235:23 236:4,6      346:19 347:17       301:6,17,24      notably 375:5
        236:16,19,20        379:11,12,14        302:8 306:6,16   notary 1:17
        237:7,9,9,13,21     379:18,20,24        308:13,24         386:14,21
        237:21,24           380:3               309:12 310:12     388:4
        238:3,14,15,19    newspapers            310:18 349:23    note 3:5 117:10
        238:24,24           216:24              372:17,21         133:5 200:19
        240:5,5 242:2     nfc 314:20            381:20 383:14     203:5,6 256:23
        242:24 246:8      nfl 314:9            nobel 257:10       257:2 359:3
        246:12 247:19     nihat 133:12          257:12,16         370:6,17
        247:22 256:11       134:6              nokia 41:17        372:20 375:21
        256:11 295:23     nine 25:23 26:5       126:15 250:5,7   noted 385:4
        295:24,24           26:23 27:18         250:13,17,18      386:7
        296:6,7,18,18       31:14 36:24         314:4            notice 1:14
        296:25 297:7        37:17 40:5         non 131:15         36:17 226:14
        297:12,21           41:13 43:17         132:14 144:5     noticed 113:7
        299:5,15 300:6      44:5,22 49:10       144:18 145:2      113:15 178:4
        300:13 301:5        56:5 71:3           145:10,21        noticing 4:13
        301:16 316:19       89:13 91:4          146:3,8 147:3    notion 265:10
        316:23 317:7        99:11 100:15        147:17,24         266:21
        317:13,16,19        101:22 104:11       149:4,9,16,24    november
        317:22 318:4,5      105:11,16           153:5 163:16      91:22 93:2,9
        318:18 320:3,3      106:3 112:22        185:2 238:15      93:10
        322:17,25           112:25 114:25       322:17 323:22

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                                     of 190

     [nscc - oh]                                                          Page 50

      nscc 131:11          337:6 366:14        observing          odd 210:14
      null 334:25          380:8 381:24          226:11           offering 27:15
        335:18             383:3,20 384:9      obvious 175:2        29:10,25
      number 36:15       objections 4:8        obviously          offices 1:14
        69:22 93:11      objective 155:2         24:25 80:22      officially 263:8
        125:13 168:24      158:2,12,19           96:23 190:17     oftentimes 16:8
        175:24 176:6       160:19 163:20         201:13 223:5       16:12 178:8
        187:3,4 211:8      175:10,16             277:25 330:7       189:16 270:18
        254:10 318:5       189:23 190:3,8        361:10 371:21    oh 9:18 12:7
        340:16,18          190:23 223:18       occasionally         13:23 24:22
        382:8              225:19 230:6          268:3              42:9,20 73:15
      numbers 36:17        230:25 231:25       occasions 12:23      74:8 75:16
        329:20             232:4,16              159:6              76:17 80:18
      numerous 11:4        233:13,14,17        occur 15:23          91:2 108:11
        170:17 172:6       234:2,4,10,15         270:4,12 271:3     109:9,24 112:5
              o            379:10                274:23 275:18      121:10 157:7
                         observation             357:20 368:3       163:3 171:14
      o 137:2,2,2
                           298:23 319:24       occurred             178:21 191:25
      oath 4:4 105:10
                         observational           188:11 231:22      194:24 201:24
      oberlin 5:20
                           264:15,16,17          268:24 269:13      202:19 223:16
        6:9
                           264:23                269:16,20          224:5 234:7
      obispo 7:24
                         observationally         273:5 274:19       245:15 253:21
        8:23 10:3
                           268:3 269:8           275:4,6 276:13     254:14 261:8
        19:25 20:6
                         observations            276:16,18          265:19 266:24
        21:11,16
                           59:7 298:3,10         311:25 354:2       267:8,24 268:7
      object 208:23
                           330:19,25             357:18 367:14      275:20 280:15
        209:4 326:17
                           333:5                 368:5              286:21 287:6
        326:19 327:5
                         observe 113:22        occurring            291:24 309:21
      objected
                           114:10,20             275:19,23          341:7 346:24
        208:24
                           115:8 117:9,16        354:17             347:10,18
      objection 27:21
                           145:12 148:11       occurs 242:20        350:18 358:25
        29:13 37:20,21
                         observed 98:2           352:14 357:21      362:4,21,24
        38:2,6 118:9
                           113:19 115:16       october 358:8        365:5 373:10
        131:18,21
                           117:9 360:23          359:6              373:13 376:25
        206:19 233:23
                                                                    376:25 377:6
        326:13 336:14
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                                     of 190

     [okay - omega]                                                        Page 51

      okay 9:7,19          133:4 135:8,9         229:15 234:20      316:11,15,16
        10:10 13:9         135:12,21             235:3,22           316:24 317:2
        14:17 18:14        137:16 143:21         238:12 242:3       317:12,20
        20:23 21:18        145:11,16             242:11 243:6       318:22 322:8
        22:7,14 25:20      147:11 152:12         243:10 244:7,9     322:13 324:3
        27:14 28:6         152:15,22,23          244:22 245:5       324:10 325:2
        29:6,20 31:11      153:10,19             248:13 249:11      326:8 327:13
        34:21 36:21,22     156:18 157:24         249:20 251:5       330:10 331:14
        39:6,9 41:2,10     161:20 162:19         252:9,18           333:10 334:14
        44:16 46:10,17     162:21 163:5          253:22 254:9       339:20 342:22
        49:5,8,20 50:2     163:10 164:18         254:21 255:2,6     344:22 345:4
        50:15 51:18        166:14,18             255:18 256:5       345:11 346:8
        58:2 59:11,16      167:13 169:3          256:22,25          346:21 348:6
        59:25 60:7         170:11 171:15         258:3 259:8,20     349:9 351:12
        61:16 63:24        171:19 172:24         262:14 264:12      352:8 357:24
        64:11 65:4,9       179:2 181:19          265:2 266:5,14     358:11,23
        68:7,21 69:25      182:23 184:2          266:24 267:3       360:12,19
        71:9,21 76:11      184:14,22             269:14 270:16      361:22 362:9
        76:21 79:9         185:8,14 186:3        271:13,20          363:21 365:24
        80:23 82:22        186:14,25             272:16 277:4       367:4 369:4
        83:3 85:10         187:14 188:3          278:25 280:3       370:14 371:10
        86:8 92:13         191:15 192:9          281:3,13,17,24     371:17 373:6
        94:13 95:8         192:17,25             281:25 282:20      373:14 375:9
        105:21 107:14      193:8,20              283:17 285:23      376:2,4 377:7
        107:22 108:5       194:11,24             286:14,25          378:17 379:5
        108:11 109:15      195:10,20,23          289:15,24,25       381:4,9 382:6
        109:15 111:23      197:15 198:5,8        291:2,14           384:15
        114:12 115:20      200:23 201:12         293:13,25        old 5:14
        118:2 120:2,12     201:19 203:6          294:5 295:17     omega 161:13
        121:9,10,10        203:10,19             296:10,15,24       162:4 163:19
        123:2 125:16       207:18 214:20         301:23 302:3       164:4,22 171:4
        125:24 127:14      218:6 220:16          304:8,9 306:15     171:22 172:18
        127:25 129:17      222:3,11              308:10,17          172:25 173:13
        129:20 130:25      225:21 226:10         309:16 310:10      180:22 202:24
        131:13 132:19      228:22 229:2          314:7,22,24

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 151
                                     of 190

     [once - outlook]                                                     Page 52

      once 13:8 376:6    operates 8:16           273:6,7,14       opposite
      one's 52:21        opine 30:11             274:2 275:13       149:21
        84:10              45:18 75:13           276:2 277:2      option 383:2
      ones 22:5 140:3      310:8 311:5,7         278:5 279:11     options 358:6
      ongoing 200:25       355:9                 281:16 283:23      359:4 382:20
        201:8,10,15      opined 16:21            285:7 287:2,6      382:22 383:15
      open 291:6         opining 27:8            287:14 290:24      387:15
        325:3              71:9,16,19,23         307:14 310:17    order 34:8 67:7
      opening 25:17        72:5,5                320:4,14 330:5     93:13 98:5
        29:15 31:7,8     opinion 6:16            331:18 341:20      143:24 155:17
        31:12,22,25        16:3,9,17,24          341:21,22          156:4 160:17
        32:8,17 41:3       17:7,16,25            367:3,24           210:9 225:19
        41:24 44:17        18:4 25:3           opinions 16:12       231:10 304:17
        46:19 55:11        27:15 29:10,25        24:16 29:19        354:21 379:15
        61:13 62:12        33:16 41:5,12         32:25 33:11        379:17,24
        65:8,20 107:23     41:24 44:18,20        46:6 79:11       ordinary
        109:23 121:3,8     44:22 45:8            80:5,24 82:5       302:16 304:6,7
        121:9 122:18       46:17,21 47:12        85:11 116:6,14     304:9,10,11,19
        132:20 133:2,3     50:16 52:21           116:19 117:20      304:21,24
        135:24 137:13      54:23 60:22           117:25 119:17      305:11,22,22
        139:15 143:19      71:25 72:11           120:8,17,23        306:2
        153:11 154:25      87:6,7,10,25          143:6 165:11     organizations
        156:3 174:2        88:13 93:17           191:23 194:8,9     7:12
        178:24 198:13      96:8 149:17           194:10 203:25    original 13:13
        201:21 202:2       152:24 158:11         204:11 208:7       127:15 169:15
        205:17 227:18      165:16 166:5,7        222:24             255:11 274:21
        235:24 243:2       192:18 193:10       opportunity          319:5
        255:3 261:13       193:25 194:20         93:19            originally
        281:18 292:8       205:22 229:10       opposed 40:3         10:19
        320:8 321:24       231:11 234:18         47:9 75:6        outcome 4:7
        325:3,22           234:19 238:25         146:2 156:13       131:17 132:16
        378:22             239:23 240:7,9        181:21 182:24      388:14
      opens 37:9           240:11 258:7          233:14 234:11    outlook 65:25
        374:16             262:10 271:20         243:23 320:7       66:5 314:20
                           272:12,16             367:5

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 152
                                     of 190

     [outset - paragraph]                                                Page 53

      outset 178:18         89:20,20 91:18      286:19,21        pantheon 65:17
        233:20              92:19 94:14,20      290:15 314:5     paper 134:2,9
      outside 169:18        96:2 98:15,19       316:25 321:13     140:21 158:20
        171:6 245:10        98:20 107:19        322:14 325:7,9    158:22 170:7
      outstanding           108:3,7,12,14       327:4,20 328:8    190:14,16,18
        37:21               108:17,21           329:12 330:13     191:8 204:3
      overall 258:15        109:10,14,22        330:16,17         207:14 208:10
        261:19              109:24 121:2,5      331:17 332:5      209:21,23,25
      overly 227:13         121:6 125:13        333:3,12          210:7,11,15,18
        238:10              125:15,20,20        358:20,23,24      211:4 216:11
      oversimplified        126:24 127:8        359:2,14,16       216:14 222:23
        227:6               132:19,23,25        360:11 365:3      224:24 225:16
      overview              132:25 137:14       368:17 369:6      362:6,10,20
        156:15              137:15,16           370:5 372:3,9     371:13,23
      own 314:11            140:21 143:20       373:3,5,11,11     372:6 375:8
        343:15              153:22,22           373:12,13         377:21 378:5
              p             156:3 162:10        374:10 375:2      382:7,9 387:12
                            162:11,22,23        375:10,21         387:17
      p 2:2,2 184:16
                            162:24 163:3,4      376:8,24,25      papers 49:16
        184:18 197:18
                            172:21,23           377:5,5 379:2     49:19,23 50:5
        318:12,25
                            185:15 198:24       382:15 387:3,7    169:18 170:24
        326:4 329:21
                            200:15 201:22       387:19,23        paragraph
        329:24 330:21
                            202:4,6 203:5       389:4,7,10,13     25:19,22 39:12
        331:3,9,12,16
                            203:6 210:23        389:16,19         42:18,25 43:2
      p.m. 128:13,19
                            211:7,11,16,16     pages 90:23        53:8 54:10
        129:7 136:10
                            212:7,10,16,16      93:23 108:25      61:15,18 62:5
        137:3 385:4
                            213:2,4,20          122:17,18         62:11,22 63:3
      packed 185:6
                            214:21 215:7        180:2,3 212:23    65:8,20 66:23
      page 13:18
                            216:22 217:8        213:5,11,21       69:16,19 70:4
        36:15,17 39:8
                            235:6,8 237:3       214:11,12         70:17 71:11
        40:15 41:6,7,9
                            237:3 244:8         241:11 242:19     72:6 73:25
        44:18,20 46:18
                            245:19 255:12       243:5             74:8 121:2,4,4
        54:10 61:14,16
                            255:13,14,16       panda 247:8,13     122:2 123:17
        65:7,9 66:24
                            257:25 258:3        248:9             125:18 132:20
        69:22,24 73:25
                            261:12 282:2                          135:24 137:14
        74:9 89:16,18
                                  Veritext Legal Solutions
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                                     of 190

     [paragraph - performing]                                             Page 54

       137:16 139:15       308:15,23             128:9,20 129:2     380:18,20
       141:12 143:19       309:3,5,6,14,18       129:8,17,18,23   people's 222:24
       153:11 162:18       310:2,4 311:19        130:21 349:4       368:6,6
       171:4,22            333:3,12              350:15 351:19    percent 10:13
       172:17,22           350:10                352:4 353:10       109:7,18 110:5
       173:12 199:4      particular              356:11 374:6       110:14,23
       200:12,15           79:22 100:9           377:24 383:13      184:19,20
       217:5,7,14          166:21 167:12       pdf 241:8,14,16      197:22 236:4,6
       235:7 243:18        183:7,21 218:2      peace 314:19         236:9,10 246:8
       255:15 256:23       222:19 223:12       peer 18:12,23        276:16 294:15
       257:21 258:5        224:9 225:3           18:24 19:3,6,8     294:21,23,23
       258:11 259:22       256:3 275:12          19:11,15           295:11,12
       260:2 261:7,10      282:22 309:22       pejorative           296:17 318:25
       262:8 282:3,4       325:6                 302:4,5            325:17 330:21
       283:10 284:21     parties 3:13          pen 117:15           331:9,12
       286:16,21           388:12              pennsylvania         375:24,24,25
       287:13 317:10     partners 88:21          244:20           percentage
       319:11 321:13       89:8                people 66:6,6        235:10,12
       321:18 330:18     party 4:5               66:13 131:24     perfect 67:14
       334:23 359:15     pass 176:16             140:16 146:19      74:17
       360:8,10 377:4      320:2                 205:11,12        perfectly
       379:2,3,7         past 166:19,24          206:6,12,18,22     151:15 208:2
       381:5               167:15,21             206:23 230:11      247:16
      paragraphs           168:11,23             230:13 233:11    perform 25:7
       31:8 163:2,7,8      169:9 170:13          256:10 263:6,9     28:5 43:5
      parallel 306:25      176:7 187:5           267:13 268:6       44:10 50:23
      part 5:25 26:16      193:23 206:15         269:21 273:4       55:4 144:19
       31:20 42:21       pattern 352:23          273:20 274:16    performed 25:4
       70:11 81:19       paying 7:20             274:18 275:3,3     31:19 43:16
       95:22 97:14       pco 55:19,20,22         275:5 276:13       44:3 111:7,10
       141:19 145:3        56:4,11,17            276:14,16          157:11 166:23
       145:11 181:11       57:8,20,22            278:3 312:6,7      292:24 321:16
       189:20 242:7        58:4,21 59:9          312:8 345:8        365:13
       247:25 257:13       124:24 125:25         346:3 361:9      performing
       257:16 277:11       127:20,24             366:20,25          25:13 63:11

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                                     of 190

     [performing - please]                                                 Page 55

        154:23 187:7         227:24 228:8         340:22,23,25     phone 11:4
        190:9,24             229:4 232:6          341:13,17          240:24
      period 8:21            233:8 245:21         342:5,13,14      phones 3:8,9
        26:7,15,16,25        258:17 261:21        353:3,7 356:6    phrase 18:24
        27:6,7,19,20         272:10 273:4         378:6 379:21       47:6 98:13,21
        28:3 29:2,11         275:2 277:17         380:4 381:12       184:13
        30:2,7,10            278:22 280:9       periods 37:4,6     phrased 301:21
        31:16 41:15          282:6 283:12         37:8 263:7       physically 11:5
        42:3,9,22 43:6       283:25 284:11        294:12 308:21      11:6
        43:8,9,10,12,17      285:9 287:5,8      perplexed          pick 3:6
        43:19 44:5,7         288:9 289:14         330:2            place 3:9,12
        44:25 45:11          289:24 290:13      person 147:9         56:17 57:21,22
        54:22 84:10          292:12 293:4         147:16 157:11      58:4,22 111:22
        91:21 92:4,4,6       294:8 295:13         236:22 340:3       123:5,12
        92:8,9,9,24,25       295:25 296:8       personal             124:24 127:18
        93:7,8 94:3,4,5      296:19 297:4         174:25 189:10      131:6 267:23
        94:17,25 95:5        297:12,24            219:2              268:4 269:5
        95:5,7,9,12,23       299:8,18 300:9     personally 25:3      271:22 272:14
        96:7,8,10 97:5       301:8,19 302:2       187:25 193:9       272:19,21,23
        97:9,21,23           302:10 304:16        226:21             273:16,18,23
        99:2,6 100:2         306:7,17,19,22     perspective          274:5,7,8
        100:10 106:17        307:5,24             102:10 370:8       275:13,15
        109:3 113:11         308:14,25          perusing 23:8        276:4 321:14
        114:25 115:12        309:13 310:14        90:22 125:23       321:22 374:13
        115:15 116:9         310:20 312:2         129:16 163:9     places 20:9
        116:17,22            316:2,21 317:8       212:4,14,21,25   plaintiff 72:21
        117:23 119:20        318:8 319:21         243:9 245:4,9    plaintiff's
        120:11 121:13        320:7,10,12        ph.d. 1:13 5:3       313:9
        121:21 122:3,8       322:17 323:16        5:21 137:4       plaintiffs 2:5
        122:9,13,20,23       323:17,20            386:2,4,13         4:21 53:13
        123:2,3,7,7,9,9      325:15 328:12        389:2,24           60:8,13,21
        133:11 134:6         329:16 333:22      pharmaceutical       71:4,7
        134:15 148:7         333:23 334:18        178:11           please 3:5,8,9
        155:22 156:8         334:19 336:7       phil 2:17 3:24       4:9,24 5:10
        175:15 227:15        340:10,14,20                            25:18 28:11

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                                     of 190

     [please - present]                                                  Page 56

        41:3 45:13        pointing 331:3        183:5 191:13       333:14,21
        61:14 65:7         355:25               194:25 195:3       380:14
        80:3 85:17        pole 244:12           201:11 210:10    powerful 38:19
        89:15 107:6       poly 7:24 8:5,7       210:14 223:18    practical
        108:3 114:8        8:11,23 10:2         225:20 230:7       378:10
        117:17 119:15      19:25 20:6,11        232:16 247:10    pre 43:9,11,18
        120:19,25          21:10,16             250:8 252:24       44:7 282:6
        137:12 146:12     portfolio 20:13       263:14,15          283:12,25
        162:18 163:6      portfolios            264:20 267:24      284:11 285:9
        184:9 198:22       292:22,23            267:25 269:7       287:5,8 288:8
        211:7 243:8        293:6                269:12,12          289:14,24
        285:25 325:3      portion 259:2         272:2,8 278:7      290:12 381:12
        337:17,17          259:22 261:24        281:12 282:17    preceding
        338:6 359:13       262:11               284:5,6 302:20     82:17 122:20
        368:16 373:2      portions 214:9        302:24 303:12      296:18
        378:25 384:11     position 20:5         313:16 342:25    precise 42:24
      plenty 216:20        20:14 361:17         352:18 361:25    precisely
      plural 26:8,10       369:10               363:7 364:2        304:18
        318:21            positions             365:21,21,25     precision
      point 7:17           267:15 370:19        379:11             266:17
        57:13 97:18        371:6               possibly 54:12    predict 291:18
        102:5 106:4       positive 151:19       84:11 204:9      predicted
        108:14 117:9       221:3 244:23         227:4,8 239:20     293:21
        117:12 168:12      246:3                273:24 365:6     premarket
        172:5 173:24      positives            posting 346:2       129:12
        174:19 177:5       182:25 248:14       potential 16:13   premise 285:5
        187:11 190:7       248:18 249:12        54:17 348:21       285:8 300:15
        190:23 226:13      249:17               350:20 357:12    prepared 326:9
        234:12 265:6      possibility           364:17 367:6       326:21
        273:3 296:24       157:9,20            potentially       presence 96:5
        297:13 302:14     possible 15:2         123:21 124:4       131:15 132:14
        305:14 310:9       93:20 121:25         317:16 323:12      349:4 350:15
        311:5 355:5,19     154:18 157:19        327:25 328:11      351:18
        357:5 362:16       171:14 175:17        329:14 332:9     present 2:16
        371:17 374:8       177:14 178:13        332:15 333:6       67:15 140:10

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                                     of 190

     [present - price]                                                   Page 57

        181:14 205:9       179:17 190:10         112:25 113:10    283:14 284:3
        298:9 318:4        195:25 203:17         114:24 115:9     284:19 285:13
        322:14 324:12      209:8,12 314:3        115:11,15,19     287:17 288:12
      presentations      price 35:24             115:24 116:22    289:16 290:20
        59:2               36:11,24 38:22        116:24 117:11    291:18 292:12
      presented            39:14 48:14           117:20 118:23    293:21,22
        262:10 326:5       49:3 50:10            119:8,19 120:9   294:13 296:2,9
      presenting           54:13,16,20,21        130:2,12,22      296:20,23
        143:2              55:5,24 56:5          137:20 144:2     297:3,16,18,23
      presently 7:23       56:12,12 57:6         145:4,12,18,20   298:5 299:6,17
      presents 258:6       58:5,20 59:13         145:25 146:5     299:21 300:8
        317:4 325:14       60:3 61:21,25         146:19,25        300:14 301:7
        327:21 328:9       62:13,17,25           147:15,21        301:18 307:3,7
        329:13             63:13,18 64:8         148:12 149:2     307:25 308:12
      press 175:3          64:15,25 65:23        149:14,23        308:22,24
        188:19 189:19      66:2,9 67:13          150:8 151:25     309:11 310:23
        196:5,19           67:20 68:24           153:4 158:6,16   328:2,13
        197:18,24          70:7,8 74:5,13        159:14 160:23    329:16 338:25
        198:7 199:15       76:3 79:16            163:15,24        345:12 346:2
        218:20 219:16      80:10 81:4            170:21 173:5     346:17 347:15
      presswires           82:8 83:2,20          174:13 178:7     347:19,25
        216:25             84:4,16 85:16         189:2 211:8      348:23 349:11
      presumably           86:12,15,17,24        224:3,20 225:6   349:23 350:17
        100:25 253:4       87:17,20,23,24        225:10,18        353:7,13,21
        346:3              88:4,9,10,15,18       226:15,23,25     354:11,25
      pretty 15:3          89:22 90:9            227:8,16,21      356:6,9 359:16
        201:9 243:17       96:14,17 97:4         228:3,11,18      359:20 360:2
        253:6 255:5        97:11 98:2            229:5 230:14     360:15 365:7
        271:7 293:12       99:4,8 100:11         235:11,13        365:22 366:16
      previous 91:16       101:10 104:5          236:5,7,16       366:22,24
        218:8 318:6        104:15,24             237:7,13,23,25   367:7,13
        364:6              105:9 106:16          238:18 246:11    369:14 381:15
      previously           106:18 107:12         258:16 261:20    381:21,22,23
        48:22 59:15        110:9,12              267:14 282:9     382:5
        70:12 175:25       112:13,19,21          282:25 283:2

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 157
                                     of 190

     [prices - proposition]                                               Page 58

      prices 67:8,19     printer 241:6         process 5:25         329:3,13
        74:3,16 118:12   printout                83:16 135:8        330:24 331:9
        213:24 214:2       242:17 387:12         178:9 232:21       332:6 334:4
        230:10,11,18       387:13                234:23 284:13      336:16 341:9
        282:8,25         printouts             processed 83:2       367:11 371:18
        283:13 284:2       240:23 241:4          83:19,21         program 37:12
        285:12 287:16    prior 8:13 26:6       produced             38:10,22
        288:11 290:19      26:15,16 27:5         242:6 326:15     proof 279:21
        297:18 298:12      27:19 28:2          production           279:23 280:6
        298:13,18          30:9 46:14            314:22             298:25
        311:2 312:2,9      121:12 122:21       products           proper 95:12
        312:11 335:2       170:7 172:6           342:17             116:3 223:24
        335:19 336:6       196:21 218:10       professional         224:11,12,15
        336:12 337:5       233:24 370:20         1:17 10:4          339:18
        337:22 338:11      371:6               professionals      properly 91:9
        345:13 346:18    private 3:7             74:12              152:13,16,18
        347:16 353:11    prize 257:10,13       professor 10:17      152:25 153:9
        362:2 363:8        257:16                20:5 21:6,10       330:4
        364:3,11,23      probability             178:20 179:19    proportion
        365:16 366:2       249:14 250:21         180:17 181:2       228:6,15,16,20
        380:16 381:14    probably 6:16           184:3,23 185:9     228:24,25
        383:2,14,14        10:9 43:22            185:16 186:4       229:3 296:5,11
        384:6              51:22 99:19           186:15,22          296:13
      princess 250:5       139:2 142:3           187:15 195:24    proposed 123:9
        250:7,13,17        242:22 344:6          196:9,17 197:5     258:17 261:21
        314:4            problem 17:22           197:17 198:22      308:14,25
      principals 7:18      30:6 38:12            199:11 200:16      309:13 310:14
      principle 101:9      161:4 202:9           200:19 201:3       310:19 316:20
        280:22             220:22 328:17         227:10 230:14      323:16 333:23
      principles         problems                257:6 292:19       334:19 340:23
        65:16              218:16 338:13         295:10 297:6       340:24 341:16
      print 241:9,10     procedure               298:8 317:15     proposition
      printed 38:14        215:3,6,15,17         317:24 323:11      79:14 80:8
        241:5            proceeding 4:9          326:9 327:2,21     81:4 82:7,16
                                                 327:23 328:10      85:13,24,25

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 158
                                     of 190

     [proposition - question]                                             Page 59

        86:4 143:24      purposes 40:21          28:10,23,25       158:9,25 159:3
        339:21 343:20     43:4 55:15,16          29:21 32:6        160:6,12,15
        347:13 363:5      159:10 160:17          45:12 46:9        164:13,19
      prove 16:21         203:22 204:19          50:6 60:17,18     168:17 169:15
        281:9,11 290:5    221:9                  68:22 74:15,20    172:3 184:8
      proved 280:14      pursuant 1:13           74:24 75:22,23    194:19 195:17
        280:20 298:17    put 38:11 56:17         77:16,17 78:24    195:18 204:16
      provide 36:4        57:4 93:14             79:8 80:2         207:8 208:17
        37:18 220:18      100:17 108:13          81:20,25 82:2     208:18 209:2
        355:6 357:11      111:21 124:23          82:2,17 83:7      209:14,17,19
      provided 11:25      127:18 131:5           83:17,22 84:18    209:24 210:7
        16:17 17:7,14     171:9 176:20           86:22 91:9,11     210:16 211:2
        17:23 18:3        214:18 227:2           91:13,16,17       214:15,17
        178:18 326:25     241:6 287:25           92:11 93:19       215:25 223:10
      providing           292:21 316:11          99:15 100:7,21    229:15 231:16
        85:10 326:24      323:2 374:13           103:13 104:16     239:14 245:6
      proxies 67:9       putting 26:20           104:18,20,21      245:24 247:18
      proxy 63:23         38:13 361:17           105:24 112:11     248:7,25 249:3
        74:17,18                 q               113:3,5 114:4     249:6,9 256:6
      public 1:18                                114:5,6,7,18      260:12,15,17
                         qualifications
        6:14,18 366:19                           115:2,6,7,17      260:18,20,21
                          285:19,21
        386:21 388:4                             117:2,3,5,18,18   260:22 263:17
                         qualified 50:23
      publications                               118:5,12,25       263:22,25
                         qualifying
        18:9 253:9                               119:4,10,11,15    264:4,6,21
                          286:10
      publicly 65:22                             119:23 120:13     266:15 268:17
                         quantify
        180:18 186:5                             120:14,18         268:19 270:10
                          188:23
      published                                  121:18 124:7      271:24,24
                         quarter 8:13,14
        18:12 19:10,19                           126:9 127:6,15    273:10,12,13
                          8:16
        52:9 168:11                              128:16 129:4      274:3 275:10
                         quarterback
        169:12 220:25                            131:19,23         275:24 277:3
                          314:10
        226:21                                   134:9 139:5       277:24 279:3
                         question 10:21
      purporting                                 143:11 146:11     279:13,19
                          12:8,16 14:9
        75:13                                    147:20 149:12     280:5 281:5
                          15:7 17:2,21
      purpose 217:21                             150:18 153:8      285:16,22
                          18:15 19:4,9
                                                 153:23 154:23     286:5,12 289:5
                          23:2 24:14
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                                     of 190

     [question - read]                                                    Page 60

       298:25 299:25     questions 79:25       quoting 74:9       react 146:6,25
       300:4,20,22,25     92:18 93:14            154:2              147:22 150:9
       301:12,21          95:3 97:16                   r            238:3
       302:6,7,13         98:6 117:17                             reacted 144:2
                                               r 2:2 5:3,3
       303:9,11           118:10 143:10                             145:18,21
                                                 137:2,4,4
       304:12,18          158:24 165:4                              147:15 336:6
                                                 306:13 389:3,3
       305:6,17,18        210:2 211:19                            reacting 149:3
                                               raises 359:17
       306:3 307:9,12     213:7,16,18                               149:9 237:25
                                                 359:21 360:3
       307:19 308:4       216:9 247:15                            reaction 130:14
                                                 360:15
       309:18 311:16      247:17 250:11                             130:22 148:12
                                               ran 156:20
       311:16 312:15      255:5 260:15                              153:4 158:6,16
                                                 157:13 161:16
       315:3,5 320:5      276:22 302:19                             159:14 160:23
                                                 165:23 175:7
       320:7,10,14,24     312:19 339:19                             163:15,24
                                                 201:5 256:19
       322:20 323:5,6     359:17,21                                 173:6 211:8
                                                 292:20
       329:8,9,11         360:3,15                                reactions
                                               randomly
       332:25 336:18      378:20 379:7                              144:22,22
                                                 292:22
       336:24 337:7,9     384:16,20                               reacts 145:5,12
                                               range 245:11
       337:12 338:5      quibble 182:5                              146:2,8,19
                                               rapidly 82:23
       340:7 342:3        272:4 292:15                              147:3,24
                                                 83:25
       343:14,21         quick 35:4                                 149:14,23
                                               rapper 250:4,7
       344:19,23          76:15,22                                  236:16
                                                 250:17
       345:16,17         quicker 36:19                            read 24:23
                                               rarely 269:9
       346:7,15,16        36:20                                     28:12 30:21
                                               rashi 252:2
       347:18 348:2,5    quickly 23:7                               45:14 47:4
                                               rather 79:23
       350:12 352:9       65:25 84:9                                67:2 70:11
                                                 230:21 233:18
       354:4,19           243:7                                     81:22 82:16
                                                 234:15
       359:25 360:13     quite 71:22                                83:12,13,18
                                               rdenunzio 2:12
       363:17,20          82:2 182:2                                84:19 85:18,23
                                               reach 45:21
       366:11,15          213:13 256:6                              90:13,17,23
                                                 46:11 85:21
       367:16,17,18       272:2 329:9                               91:8,8 92:16
                                               reached 11:11
       367:19,21         quotation                                  93:4,16 96:22
                                                 11:16 46:7
       382:6 384:5,10     258:10                                    97:18 98:15,19
                                                 299:11
      questioning        quote 53:17                                99:12,21 107:2
                                               reaches 63:12
       29:14 92:20        261:23 265:17                             114:9 120:18
                                               reaching
       113:8              265:18                                    120:20 121:20
                                                 119:17 341:25
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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 160
                                     of 190

     [read - recall]                                                      Page 61

        124:8 131:20        94:11,23 95:17     reason 31:18         42:18 43:2,15
        135:11 146:17       96:21,23,24          75:11 90:7         44:3,11 55:9
        161:17 163:2,6      97:13 121:25         181:6,9 185:9      60:5 66:22
        163:11 166:10       125:22 141:9         186:13,15,23       69:17 70:5,17
        169:9,18 170:5      153:16,19            186:25 188:2       71:11 72:6
        170:7,17,20,22      158:8,19 167:5       188:25 189:12      121:7 125:12
        172:6 173:12        167:19,25            196:16 200:21      125:20 126:24
        177:4 184:10        168:5 193:24         250:9 261:16       127:8 178:19
        193:10 194:8,9      213:11,19            262:9 313:24       178:22,24
        204:3 211:15        214:12 274:24        341:19 356:8       179:19 185:17
        212:23 213:5        278:2 279:24         371:9 383:25       186:17 195:25
        213:15 214:3,6      336:16 339:12        384:13 389:6,9     198:23 200:16
        214:9,17            360:9                389:12,15,18       201:3 252:14
        215:19,25         reads 41:12            389:21             257:21 260:3
        216:2,7,8,14,18     43:3 46:22         reasonable           281:19,22
        216:20 218:5        96:11 217:25         67:9 105:23        284:22 286:18
        240:24 243:7        255:20 261:13        106:12 217:19      286:19 291:16
        258:20 259:13       261:24 282:4         217:22 222:18      292:9 316:12
        260:7,13,24         360:23 361:23        223:11,17          316:25 321:13
        268:12 280:25       379:10,17            247:17 280:11      321:25 324:18
        285:23,25         real 264:22            280:14,21          326:15,22
        286:3 291:16      realize 37:25        reasonably           327:17 330:14
        303:17,22           38:5 42:20           158:5,15           330:17 334:16
        322:21 337:15       351:24               159:13 160:22      334:23 335:16
        345:18 362:15     realized 101:21        163:23 173:5       352:20,25
        365:19 366:13     really 93:14           279:21,23          358:21 359:11
        368:6,6,7           118:16 142:15        280:6 379:10       371:24 372:4
        379:23 384:12       201:9 240:25       reasons 131:25       381:5 387:9,14
        386:5               256:6 266:2          258:13 327:7     recalculations
      readers 206:6,7       268:8 321:5        rebuttal 12:9        200:2
        206:18            realm 103:24           21:22 23:11      recall 7:15 11:5
      reading 18:16         169:19               24:10,25 29:16     18:6 23:21
        54:9 72:17,23     reask 12:16            31:13,22 32:13     25:15 33:19
        74:7 78:6           17:21 22:25          36:8,11 39:7       34:11,18 48:24
        79:22 94:7,8                             40:14,22 42:8      50:14 51:23

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 161
                                     of 190

     [recall - regression]                                                    Page 62

        88:25 91:25          recollection         redirect 384:17    reflected 65:25
        98:10 99:20            99:21 128:21       refer 24:10          208:8 312:10
        100:23 101:14          188:5 193:17         47:16 55:25      reflects 66:10
        112:6 114:11           194:15 222:10        61:19 62:4         68:24 74:13
        128:2,6 161:15         222:15               76:6 122:9         76:4 79:16
        161:19 169:24        record 3:3,14          125:10,17          80:10 81:5
        170:18 171:16          4:12 5:11            191:7 256:11       82:9
        172:23 191:14          12:17 23:2           266:23 282:21    refresh 99:21
        192:16 194:9           28:12 35:8,11        364:6              101:3 125:8
        196:23 211:21          35:14 45:14        reference 170:6      129:15 133:22
        218:18 219:18          76:25 77:4         referenced           136:3 162:20
        221:19 244:2,3         83:12,18 84:19       170:4              211:24 221:5
        279:25 292:19          85:18,23 114:9     referred 33:25       295:4 369:17
        292:25 293:2           120:20 124:8         57:19 59:17        374:4
        294:22,23              131:20 135:11        124:21 288:24    refreshing
        295:18 309:9           136:9 137:6          316:18             378:5
        348:19 376:17          146:17 179:7       referring 24:2     regarding 44:4
        378:9                  179:10,13            47:21,24 48:21     44:10 45:8
      receive 37:16            184:10 213:11        56:23 131:10       50:8
        241:2 307:18           214:13 242:16        190:25 191:9     regardless
      received 53:20           245:17 251:11        191:23 192:12      102:3 224:25
        53:21 181:8            251:14 260:23        200:13 203:16      336:24 361:10
        313:9,14               270:8 286:3          278:7 309:19     regards 33:18
      recent 172:16            308:2 312:23         309:21 310:5       49:16 120:21
        173:13,18              313:4 322:21         311:7,20           165:13 175:4
        192:20                 345:18 348:8         340:21 369:5       175:13 188:17
      recently 8:4,22          348:12,15          refers 209:19        204:21 215:21
        10:2 170:19,22         366:13 384:12      refine 217:25        221:25 222:12
        171:12                 385:2 388:9          222:18 223:11      239:23 251:22
      recess 35:12           recorded 3:16        refines 224:8        282:21 292:16
        77:2 136:10          recording 3:12         225:2              298:8 314:3
        179:11 251:12        recreated            reflect 74:3         342:8
        312:24 348:13          232:11               76:16 101:3      registered 1:17
      recitation 36:2        recreating             214:13 270:9     regression
                               332:22                                  40:19,23 55:17

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 162
                                     of 190

     [regression - remove]                                                Page 63

        56:2,23 58:2     related 4:5             122:8,9 153:15     206:14,16
        60:4 93:12         313:10 350:8          154:5,12,17        207:3,12,23
        121:12 122:13      388:11                155:4,11,11,15     208:13,21
        122:23 123:20    relates 242:18          155:19,22          209:10
        129:21 256:19      316:18                156:6,8,13,13    reliance 279:5
        277:11 306:6     relationship            156:23 157:6,8     279:15 281:9
        318:6 323:15       61:20,23 62:6         157:16 158:4     relied 241:24
        328:4,15           62:21 63:5,16         158:14 159:12      367:24 372:2
        329:18 348:22      64:3,13,22            160:21 161:5     reluctance
        349:2,17,20        121:14 255:21         163:22 173:3       364:9,21
        350:13 352:11      288:20                173:10 182:14      365:14
        354:7,12         relative 111:20         182:18 221:7     rely 137:18
        355:12 357:9,9     145:9 339:8           227:3 230:19       139:16,21
        382:14,22,24     relatively              230:21,23,24     remain 379:10
        383:11,18          270:15                232:7 247:2,13   remember 21:3
      regressions        release 181:17          248:10 250:18      33:21 40:25
        373:4 377:22       188:19 196:19         278:14 296:25      88:23 90:16
        382:15             197:18,24             297:7,11,21        92:14 93:21
      regularly            239:8                 299:5,15 300:6     97:19 106:22
        215:13           releases 155:21         301:5,16           114:21 116:21
      regulations          156:7 174:21          308:20 311:25      170:23 182:2
        219:25 220:17      175:3 178:6           312:4,4 313:22     188:18 206:9
      rehashing            180:11 181:21         317:7,16,19        218:19 220:23
        237:15             183:13 184:7          323:12 327:25      239:25 253:17
      rehearing            185:4 189:19          328:12,23,25       259:3,4,5,12
        285:20             196:6 198:7           329:15 332:9       326:11 360:6
      reit 164:24          199:14,15             332:15,21,24       370:9 376:21
        165:5,21           218:20 219:17         333:6,14,21        378:16
      reits 171:7,13       239:9 379:12          336:5 341:12     remembering
      reject 334:24        379:20 380:3          342:11 379:19      115:5
        335:17           relevance               379:21 380:2,4   remembrance
      relate 61:5          233:22                380:6              30:24
        359:18,22        relevant 6:16         reliable 45:21     remove 224:18
        360:4,16           9:21 41:14            45:24 46:6,11      225:5,16
                           44:24 52:16           205:3,4,5          227:19 281:4

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 163
                                     of 190

     [remove - reports]                                                    Page 64

        285:4,7            29:17 30:8,13         174:2 175:18       281:20,22
      removes 262:6        31:7,8,12,13,22       175:19 178:20      284:15,22
      removing             31:25 32:8,13         178:25 179:19      286:18,20
        225:9 226:14       32:18 33:5,9          179:21,25          289:20 291:16
      render 16:9          36:8,12 39:7          181:9 185:17       292:9 295:14
        80:24 88:13        40:14,22,24           186:17,23          316:12,25
        148:18 150:14      41:3,24 42:5,8        187:11 189:6       317:15 319:6
        176:17 231:11      42:19 43:3,15         189:17 195:3       320:8 321:14
        273:6,7 281:15     44:3,11,17            195:25 196:12      321:24,25
      rendered 82:5        46:19 48:24           196:13 198:13      324:19 325:4
        191:23             53:3 55:9,12          198:23 199:2       325:22 326:19
      rendering            60:5 61:13            200:16 201:3       327:17 330:14
        16:24 72:12        62:12 65:8,20         201:20,22          330:18 334:16
        229:9              66:22 69:17           202:2,14,17,19     334:23 335:17
      renders 205:14       70:5,18 71:12         202:21 204:3,3     336:17 352:20
        205:14             72:3,6 90:16          204:10 205:18      352:20,25
      repeat 80:2          100:4,6,25,25         206:24 207:17      357:24 358:6
        85:17 126:8        106:24 107:24         207:20 208:4       358:16,16,18
        129:3 150:3        109:23 116:2,4        208:15,19          358:19,21
        172:8 303:18       120:21 121:3,8        218:11,13,19       359:4,10,11
        347:10 360:12      121:9 122:18          223:3,5 224:19     363:2 371:3,12
      repeating            125:8,12,20           225:6,17           371:24 372:4
        72:14              126:24 127:8          227:19,20          374:9 378:23
      rephrase             132:19,20             228:10 229:5       381:5 387:9,14
        160:14             133:2,3 135:24        231:5 233:3        387:15
      reply 326:19         137:13 139:15         235:24 242:23    reported 219:7
        327:7              140:20 143:19         243:3 244:15       226:15 228:2
      report 11:25         153:11,17             252:14 255:3     reporter 1:17
        12:10 13:6,13      154:25 155:16         255:11 257:22      4:2,24
        14:21 15:11,18     156:3 157:2           258:8,25 259:3   reporting
        16:2,15 17:6       158:9 161:21          259:23 260:3,4     226:25 230:10
        18:16 21:22        162:14 166:14         260:5 261:13     reports 9:21
        22:24 23:11        171:4,22              262:8 268:10       12:9,12,13,15
        24:11,20 25:2      172:18 173:13         268:15 270:2       12:19,25 17:11
        25:14,17 29:15     173:21,25             271:6 281:18       23:15,25 24:6

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 164
                                     of 190

     [reports - results]                                                    Page 65

        24:8,8,17 25:5     required 77:24       respect 31:21        129:18,24
        25:9 141:10          78:15,23             331:15 376:4       131:5 261:17
        163:11 171:6         219:25 386:14      respectfully         349:4 350:15
        171:11 173:13      requires 167:2         118:8              350:20 351:2
        173:18 175:8         167:16,22          respectively         352:4 353:5,10
        175:24 177:9         168:13 169:11        375:25             353:10 356:11
        180:19 181:13        172:4              respond 249:3        372:11 374:6
        181:14 186:6       reread 28:10           249:4              374:12,13
        186:10,19,21         29:20 32:5         responded 38:3       377:24 383:12
        187:3,5,15           45:12 83:6,9         294:11             383:13 384:7
        189:8 192:12         84:17 85:20        response 81:23     restrictive
        196:11,20            105:12 114:7         137:20 213:25      174:18 176:11
        199:11 218:8         124:6 127:5          239:6,13           176:13 181:23
        226:12 251:19        131:19 135:10        267:13 311:8       181:25 182:3,4
        254:11,15            139:5 146:11         326:10,25          182:9,10
        274:22 291:22        146:16 184:8         327:16 339:18      183:15
        298:22 326:12        322:20 338:5         377:24 387:13    rests 221:22
        326:15,22            345:15,17          responses          result 76:12
        332:6 333:4,12       346:11,15            302:25             145:17,17
        333:19 368:7         359:24 366:10      restate 275:20       151:4,6 183:16
      representation         384:10             restaurant           183:19 195:14
        67:14              rereading              247:8,12 248:9     200:7
      representing           169:5              restriction        results 108:10
        3:25 4:15          rescind 91:12          57:21,22 58:4      132:11 145:20
      repricing 76:15      research 6:10          58:21 258:13       199:16,17
      reputable              6:19 9:2 19:21       351:16,19          240:17,24
        203:20,23            361:23 363:6       restrictions         241:2 243:13
        204:17,20,22         363:25               55:19,20,22        245:3 246:16
        205:6,7,7,14       reserve 6:11,20        56:4,11,17         247:18 248:15
        208:13               19:14,16,20          57:9 59:9          248:19 249:13
      request 37:22        residual 109:7         124:24 125:25      249:15,19,22
      requests               109:16 110:3         126:2,5,11,25      250:2,22 313:9
        387:22               110:15,17            127:9,16,20,22     313:14 317:4
      require 67:5           116:7,15 294:2       127:24 128:9       319:12 321:2
                                                  128:20 129:2,9     321:15,23,24

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 165
                                     of 190

     [results - right]                                                    Page 66

        324:12 325:14      377:23 383:9          28:4,9 29:2,3,8   78:13,16,19,23
        325:21 334:15    revealed 144:3          29:10,23 30:2     79:4,12 80:7
        335:12 383:18    reverse 64:13           30:6,15 31:4,6    80:15,19 81:7
        384:2,3          reversed                31:11,18,24       82:6,15 85:12
      resumed 137:4        199:17                32:4,7,23 33:8    86:3 88:14
      retail 258:14      review 23:20            34:10 35:3        89:4,14 90:3,5
        261:17             74:10 78:7            36:3,5,7,22       90:6,12 91:9
      retained 14:14       170:9,15              37:9,11 38:11     91:10 93:22,23
        16:9               203:13 220:7          38:20,23 39:3     96:13 97:11
      retire 8:7           220:15 230:5          39:10,13,24       98:24 101:8
      retired 8:4,17       241:2 242:22          40:9,13 41:11     102:14 104:3,6
        10:2               320:16                41:23,23 42:17    104:15,25
      return 109:7,12    reviewed 18:12          42:23 43:14,14    105:8,10,11
        109:17 110:4       18:23,24 19:3         43:22 44:9,21     106:13,19
        110:15,17,22       19:6,8,11,15          44:25 45:5,7,7    107:5 108:2,6
        115:25 135:8       243:13,14             45:20,23 46:5     108:10,20,21
        145:8 235:3      reviewing               46:10 47:4,11     109:3,8,18
        293:4,14,16,18     220:16 240:16         47:20 48:20       110:5,7,15,19
        293:19,23          240:19                49:3,10 50:20     110:24 111:13
        294:2 318:9,17   revocable 15:5          51:3,5 54:18      111:25 113:6
        323:15 328:2     right 6:8,17 7:2        54:24 55:9,25     113:11 114:11
        328:13 329:17      7:9,22 8:2,20         56:6,9 57:18      114:22 115:22
        373:19 375:15      8:20 9:9,25           57:22 58:13,17    116:5 119:5
        376:6,13           11:7,20 12:11         59:13 60:7,12     121:5 122:6,16
        377:16             12:18 13:15           60:20 61:3,6      123:8 124:2,2
      returns 110:19       14:5,8,12,17          61:12 62:4,18     125:3 126:3,18
        111:11,16          16:14,19,20           63:3,10,12,19     127:4,12,19,21
        116:7,15           17:4,5,9,13           63:25 64:8,11     128:5,10,23
        123:22 124:5       18:9,11 19:18         64:19,22 65:19    131:10 132:2,9
        145:9 293:12       19:22,24 20:15        66:2 68:10,17     133:14,24
        318:21 322:16      21:5,7,9,11,14        68:21 69:20,25    135:4,9,13,24
        324:13,20,22       21:16 22:15,25        70:22 71:5        138:3 139:14
        326:3 332:11       23:23,23 25:6         72:16 73:6,13     139:17,21
        333:16,25          25:16 26:2,3          74:8 75:6,12      140:5,8 141:2
        376:16 377:23      26:25 27:16,23        75:12,18 77:7     142:16 144:8

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 166
                                     of 190

     [right - right]                                                     Page 67

        144:11 145:3,5     193:9 195:15          247:3,11,14      295:9 296:9
        145:13 146:24      197:4 198:13          248:6,12,12,16   297:24 299:13
        147:10,18          198:15,20             249:16 251:7     299:24 300:11
        148:19,21,24       199:8 200:10          253:11,25        301:11 304:25
        149:6,11,18        201:19 202:21         254:7,17         304:25 305:3,5
        150:8,17,25        203:4,7 204:15        255:18 256:20    305:9,24 306:5
        153:12,24          205:16,18             257:12,17,18     306:10 307:9
        154:6,21           206:25 207:8          257:23 258:4     307:17 309:9
        155:23 156:9       207:19 210:8,8        258:21,23        309:17 312:10
        159:6,8,18         210:17,22             259:13,24        313:7,19
        160:10 161:24      211:6 212:19          260:2,4,9,9,12   314:24 315:4
        162:16,17,21       212:22 215:10         261:3,3 262:4    315:11,13,15
        163:11,16,24       218:9,12,14           262:12 263:4     315:21,24
        164:2,8,19         219:21 220:2,9        263:11 264:9     316:2,8,21
        166:3,12,16        220:17 221:10         265:21,24        317:5,13,21
        168:7,9,16,19      221:13 223:21         266:10,12,16     318:2,11,14,16
        169:22 171:2       224:5,6,16            266:19 267:20    318:19,24
        171:13,20,25       225:14,18             268:9,21         319:2,3,4,9,16
        172:14,19          226:3,11,18,24        269:25 270:5     319:21 322:25
        173:6,15 174:4     227:17 228:3          270:20 272:11    323:4,17,19,22
        174:10 175:20      228:11,16             273:25 274:11    324:10 325:8
        175:23 176:4       229:7,10              274:16 275:5     325:13,22
        176:11 177:3       230:17 231:3,7        276:8,25         326:6,6,23
        177:12 179:16      231:12 232:19         277:20 278:22    327:10 328:7
        179:24 180:8       232:23 233:16         281:21 282:14    330:22 331:6
        180:25 181:11      233:22 234:5          283:7,16         332:4 333:2,19
        181:17,23          234:11,12,16          284:11,20,23     334:9,20 335:9
        182:25 183:18      234:24 235:24         285:2 286:18     335:14 337:8
        184:7,15,20,22     236:12,24             286:22 287:2,5   339:16 340:23
        185:20,25          238:4,4 240:3         287:11,18        340:24 341:2,3
        186:7 187:9,21     240:12 241:5          288:13 290:14    341:4,7,20,21
        188:17 189:16      241:10,13,13          290:22 291:14    341:23 342:16
        189:19,25          243:21 244:5          291:19,24        344:9 345:25
        190:4 191:3,4      244:25 245:6          292:4,9 293:7    346:6 347:12
        191:9,18 192:9     245:10,22             293:8,12 295:2   348:18 349:11

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 167
                                     of 190

     [right - ryan]                                                       Page 68

        349:20,24          59:10 61:10           12:2,21 13:2       355:24 358:12
        350:10,21          124:23 126:4          25:12 26:3,18      360:8 366:4,10
        351:20,21          126:11,25             26:21 27:21        366:14 368:18
        352:17 353:2,9     127:9,16 128:9        28:7,18 29:13      378:19,21
        353:19 354:8       128:20 129:2,8        29:20 31:21        384:15,21
        354:14 355:5       129:23 226:20         34:25 37:20        387:5
        355:17,19          254:19 349:4          41:7 42:11       rosenlegal.com
        356:7,13,15,16     350:8,15              51:11 80:16        2:6
        356:20,24,24       351:15 352:4          84:17 92:3,7     row 373:16
        357:7,13,25        353:4 374:7,14        100:3 107:18     rubric 135:19
        358:3 359:8        377:24                108:15 114:17    rules 220:6,10
        361:12 362:5     robinhood's             118:9,14 119:7     220:19
        362:11 365:12      56:4 122:22           119:12 131:18    run 55:17
        365:12 366:7       123:4,11              131:21 138:23      144:13 151:2
        368:10,13          124:12,22             139:2 178:18       152:16 153:9
        370:25 371:22      130:3,13,21           178:23 198:25      159:4 165:17
        372:8,15,18,25     350:25 352:3          200:12 201:25      190:19 205:23
        374:3 375:9        353:14 356:11         202:4,9,13,14      294:7,10 302:2
        376:2,8 377:3    robust 321:15           202:18 203:2       302:9 304:15
        377:7,18 378:3   rocket 38:18            206:14,19          306:18 307:7
        378:11,14        rodgers 314:10          208:24 209:18      349:17 364:11
        383:4,10,19        314:19 316:6          211:11 212:10      364:23 365:15
        384:21           role 143:10             212:15,19          366:2 367:7,13
      rigorous             364:17                213:2,14         running 121:12
        331:21           roll 44:14              215:24 216:6       157:24 158:10
      rise 362:2           45:10 46:13           216:10 233:23      159:9 160:15
        363:9 364:3        115:24 126:18         234:3 242:6,14     176:25 177:20
      risk 343:12,16       126:23 127:7          248:21 249:2,8     198:9 206:2
        343:17             213:22 319:6          251:2 255:12       207:4,10,22
      risky 364:9,21       376:12 377:9          260:14 262:18      208:20 222:7
      robert 2:11          377:14                300:19 326:13    runs 152:13,25
        4:17             rose 294:15,20          327:5 330:13       225:8 334:6
      robinhood 4:16     rosen 2:3,5             332:2 336:14     rv 376:19,22
        55:21,22 56:11     4:19,19 9:17          337:6 340:20     ryan 2:10 4:14
        56:16 58:4,21      9:20 11:21            345:15,21          4:14 5:7 28:21

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 168
                                     of 190

     [ryan - securities]                                                    Page 69

        29:18,22 35:7      safe 253:6             222:4,4 237:4    searched
        35:16 37:24        sale 54:21             237:6,12,22        216:24 217:11
        41:9 51:15         sales 54:16            238:17 239:19    searching
        76:21 77:6         sample 153:13          241:16 248:13      368:4
        83:11 92:5           154:3,10 155:2       256:13 259:4     sec 14:6,19
        118:13,19            155:17 156:4         269:11 287:19      219:24 220:6
        119:10,14            156:21 157:4         288:22 301:10      220:10,16,19
        137:9 179:6,15       157:14 214:22        305:25 311:12      221:6 357:25
        199:3 200:14         334:21 335:25        311:17 351:20      358:15 359:9
        202:3,5,22           370:17 371:4       says 41:22           363:5,13,18,24
        210:5 211:13         379:17,24            180:17 181:3       364:7,19 368:7
        212:13,17          san 7:24 8:23          186:16 242:17      368:25 370:5
        216:4,19             10:3 19:25           283:10 322:24      370:16 371:2
        248:23 249:5         20:6 21:10,16        323:2 374:9,11   second 24:20
        251:6,16           sat 58:12 87:21        381:5,10           25:14 33:5,9
        255:13 262:20        355:14             scale 190:3          48:24 138:14
        300:21 313:6       saw 86:11,23         school 6:24          145:19 199:19
        326:23 348:7         89:21 90:8           8:15 10:5          244:10 245:8
        348:17 358:14        92:8 96:17           20:10,16           260:18,20
        360:10 377:12        108:11 114:20      science 38:18        281:24 284:25
        378:17 380:8         195:3 199:25       scientific           317:12 334:22
        381:24 382:13        243:15 258:23        232:16             373:16 375:4
        383:3,20 384:9     saying 38:4          scope 28:8,19        379:9
        384:19 387:4         64:4 81:3 92:3     screen 138:24      secretary 6:14
              s              97:2 99:11         screening          section 53:13
                             113:24 114:2         223:7,10,20        163:8 258:7
      s 2:2 137:2,2,2
                             118:4 120:6,23     screw 66:21          261:16 262:3
        376:16 387:6
                             159:24 160:2       screwed 329:20     securities 4:20
        389:3
                             160:10,24            382:11             13:7,20,22,23
      s1 373:19 374:5
                             165:2 169:8        search 74:11         13:25 14:2,3
        374:6 375:7,15
                             181:10 183:15        217:2,12 218:2     14:11,19,23
        376:6,12,19,23
                             186:24 192:4         222:18 223:12      15:4,7,12,16
        377:16,23
                             193:9 199:24         224:8 225:2        33:19 34:4,9
        378:6,9 383:24
                             200:3 204:12         240:17 313:15      34:13 55:24
      s2 375:7
                             209:22 214:19                           59:10 68:4,16

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 169
                                     of 190

     [securities - seen]                                                    Page 70

        68:18 70:21          346:23,24            211:7 214:21       368:25 369:3,4
        71:5,7,14 72:9       347:17,19,21         216:21 217:24      369:11,14
        74:12 77:12        see 11:12 25:21        220:22 222:22      370:4,15,21,22
        78:2,16,21           36:9 40:15           223:21 224:4,5     372:5,7,8
        89:9 103:24          41:11,18 42:25       224:16,21,22       373:7,7,15,15
        141:24 162:5         46:17,21 48:19       235:7,15           373:19,23
        169:12,19            51:8 61:18           236:24 242:4       374:11,17,18
        173:14 254:2         62:2 69:14           244:10,14,18       375:2,14,18
        277:5,15             89:19,25 90:2        254:14 255:19      376:12 382:16
        278:20 279:2         91:18,23 92:9        256:2,13 257:4     383:12
        279:13 280:7         92:19 93:5,23        258:4,12,18      seeing 22:18
        293:24 335:2         94:13,18 96:2        259:15 260:8       96:24 197:2
        335:19 342:17        96:10,13,20,21       260:10 261:2       326:11
        345:12 346:17        96:23 97:10,19       261:11,16,22     seem 210:14
        347:15 382:23        98:13,18,23          271:13 276:22      230:11 311:11
      security 16:3          99:3 100:10          281:3 282:3,11     347:22
        16:18 17:8,16        101:9 107:12         287:19 288:14    seemed 53:4
        17:25 18:4           115:4 121:11         288:18 292:23      175:9,15
        49:13 50:9,10        121:17,18            295:9 313:17       206:22
        61:21,25 62:13       122:16 123:17        314:8,13,14      seems 29:7
        64:7,15 65:21        123:18 125:21        315:5 319:13       94:22 117:7
        65:23 66:2           130:20 133:5         321:17 323:7       133:21 210:3
        67:18,19 70:6        133:12 135:2         327:15 330:10      286:9 304:23
        70:7 76:15           137:17,24            330:19,23          314:25
        121:15 137:20        143:22 144:6,7       331:2,4,6,13     seen 49:22 50:4
        137:23 140:5         148:15 180:2,4       332:6 333:2,11     138:12,14
        158:6,16             180:8,13,16,23       333:17,18          140:16 175:8
        159:14 160:23        183:10 184:14        334:5 335:5        179:21 192:15
        163:24 173:5         185:17 186:9         336:20 338:19      226:3,12,21
        207:6 271:21         187:14 196:3,9       348:8 351:22       243:16,20
        272:13,17            196:13 197:4         353:6 355:2        253:8 280:2
        273:15 274:4         197:16,20,21         356:5 359:2,15     281:2 299:10
        275:14 276:3         199:4 203:11         360:22 361:2       326:8 327:10
        280:7 345:14         207:24 208:16        361:22 362:4       367:9,13
        345:25 346:20        210:11,15            364:7,13,14        380:12

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      sees 249:9           235:8 237:2           244:24 246:4      270:3,11,13,14
      selection            255:20 256:4,8        246:19 247:6      270:15,19,21
        172:17,21          258:25 259:2          250:4 319:18      270:24,25
        176:10,24          259:22 261:12         324:18 372:10     271:2,10
        177:10,19          261:24 262:12         374:12,12         272:18,20,23
        187:7,19           282:4,22 283:9        375:4,5 388:8     272:24 273:5
        191:12 196:6       284:21,24             388:15            273:15,18,19
        196:19 221:9       286:16 287:12       seven 41:12,15      273:20,22
        222:6              288:21 289:3          41:25 42:14       274:4,6,10,14
      self 314:12          319:12 334:22         43:16 44:5,22     274:17,18,22
        316:7              335:15 346:10         61:25 112:21      275:4,4,5,6,12
      sell 346:4           346:11,13             186:5,9,19        275:15,18,22
        364:10,22          360:23 361:23         229:24 313:5      276:3,13,15,17
        365:14             365:3 379:8,9         316:4,9,19        276:25 340:10
      seller 53:20         379:16,23             319:2 332:7       340:14 353:21
      seller's 54:15       381:10,18             348:11 368:19     353:25 354:11
      sellers 53:16      sentences               378:8             354:21,25
      selling 359:18       214:17              several 198:19      356:19 359:18
        359:23 360:5     separate                253:4 291:15      359:22 360:4
        360:17 361:24      214:23 231:2        share 47:17,24      360:16 361:9
        363:7 364:2,18     256:19 368:12         50:17 277:6,8     361:17,24
      send 34:24         separation              277:15            363:7,25 364:9
      sense 29:7           322:10              shares 360:24       364:10,14,18
        105:22 134:6     september               361:5,20          364:18,21,22
        236:11 329:23      91:21 92:25         shift 131:17        365:15,19,20
        380:9            sequentially            132:15            366:20 367:5,6
      sensitive 3:6        286:11              shleifer 265:17     367:12,14,22
      sentence 39:12     series 36:10            266:11,23,25      368:2,5,13
        43:3 67:2        set 24:17 31:4,7      shocked 248:18      369:9 371:5
        70:14,17           33:2,12 86:3,6      short 1:6 3:18      386:1 389:1
        122:17 141:11      86:7 145:19           101:7 267:3,5   shorting
        143:23 155:25      154:19,24             267:7,9,13,16     361:10
        171:10,10          171:21 180:4          267:18,21,22    shortly 158:22
        182:21 214:18      200:4,7 207:11        268:11,23       show 16:22
        217:24 224:17      226:6 232:11          269:4,21,23       88:11 142:14

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     [show - six]                                                          Page 72

        161:20 208:14    198:10 200:8            146:6 147:2,22     248:8 255:8,17
        208:15 209:25    318:13 319:9          similar 34:5,6       264:21 268:17
        210:7 218:18     322:16 324:13           90:20 193:11       284:22 289:3
        220:4,5,5,13     324:20,22             similarly 32:12      303:16 304:2
        226:23 232:12    325:25 326:2            32:14 40:10        306:23 313:11
        236:15,20        375:24 383:8            128:23 129:5       314:23 316:12
        247:22 265:2,3 significant               299:14 331:7       323:25 325:9
        273:19 276:10    40:17 92:23           simple 57:17         332:17 339:2
        276:12 295:20    93:11 94:5,16           82:2 256:7         369:2
        298:11 308:2     96:6,14,15              349:18 357:8     sit 18:6 50:13
        326:14 340:2     97:4,11 98:16           357:19             87:13 88:7
        371:10 374:19    98:21 99:4,5,7        simplistic           93:4 95:25
      showed 48:13       106:15 144:17           57:11 58:8         100:8 112:5
        128:3 187:16     147:14 148:12           227:14             117:12 170:3
        382:13           148:16 149:2          simply 40:5          177:16 195:6
      showing 151:7      149:15,22               83:23 166:8        228:17,21
        283:7            151:25 153:3            226:11 310:3       240:10 244:2
      shown 213:9        184:25 235:11           353:13             246:22 263:18
        215:23 243:24    235:13 236:5,7        single 48:11         269:15 272:3
        377:17           236:10 237:5            170:3 173:24       277:18 291:13
      shows 59:8         237:11 238:8            231:7              294:17 296:14
        153:6 327:23     238:16 239:12         sir 18:22 25:17      322:11 329:25
        336:5 355:17     249:21 252:6            25:21 33:6         343:25 362:19
        355:23 369:6     303:2 318:4,8           68:8 72:5 75:2     378:7
      shut 257:2         318:18 322:25           81:17 104:12     sitting 142:18
      side 78:20         323:15 328:3            107:17 112:14      143:12
        152:10 189:15    328:14 329:18           112:17 114:4     situation
        234:9,14         331:8,10                115:7 117:25       287:25
        333:19           332:10 333:16           119:4 139:24     situations
      signature 162:9    333:25 334:7            145:23 150:21      303:4
        388:18           373:20 375:15           153:18 155:7     six 6:12,18
      significance       376:7,14,21             158:9 162:10       81:21 175:15
        40:21 120:2      377:17,25               162:12 168:22      232:6 251:15
        184:19 187:17 significantly              174:5 179:22       312:22 315:7
        197:7,22 198:2   76:13 144:23            183:23 215:8       318:25 320:22

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        321:3 322:7      98:17 103:7,10          234:23 375:21      239:21 241:23
        342:13 372:21    109:9,24 116:3          377:3              270:17,23
        377:15 378:2     124:6 126:8           sorts 86:12          280:16 291:4
        378:11           127:5 129:3             89:21 90:8         293:14 303:3
      sixth 376:10       132:6,23 133:3          96:17 100:10       332:13 335:3,4
        377:9            141:9 146:10            101:10 131:25      335:8,20,21
      size 140:18        155:24 163:5            311:10 339:10      343:16 369:23
        309:22 334:21    172:20 177:4            343:19 345:23      369:24
        335:25           182:16 189:24           354:18           specifically
      skip 215:20        199:21 203:2          sounds 22:25         32:2 190:16
      sliding 190:3      204:3 232:4             83:3 279:6,24      193:16 194:14
      slightly 27:9      243:4 245:7,15          318:23 336:16      209:19 220:23
        120:16           250:10 255:4          source 205:4,4       266:25 311:6
      slow 213:22        256:2 261:8             205:5              347:22 352:19
      slowly 285:25      264:2 267:8           sources 216:23       379:8
      small 180:16       268:7 273:21            217:2,11         specifics 102:3
        286:6 334:20     278:16 281:19         southern 1:3       speculating
        335:24           281:25 286:4            3:20 15:5          12:3 101:18
      snide 38:4         299:20 308:6            162:6            speculation
      solely 284:18      309:8 311:9           spans 122:17         206:20
      solve 119:13       315:2 321:18          speaking           speculative
      somebody           322:4 325:11            193:21             362:12
        11:12 152:13     330:15 333:7          specific 52:8,19   spelling 251:23
        152:25 159:2     333:10 336:15           53:23 55:22      spending 278:2
        166:11 240:23    337:17 341:11           56:21 57:25      spent 10:4
        341:14 343:6     347:10 349:6            58:23 67:20,21   sphere 366:19
      somewhat 50:7      350:18 352:24           70:7,8 72:18     spoke 11:3
      sophistry 39:25    353:24 356:2            110:22 135:6     spoken 193:22
      sorry 9:19         358:25 359:24           158:2,12         spreads 383:16
        17:20 30:4       362:6 364:25            160:19 163:20    squared 306:13
        32:5 34:6 37:7   370:7 375:16            164:5 165:2      squeeze 1:6
        53:16 69:19      376:15 377:2,7          172:4 173:22       3:18 101:7
        73:4 74:7        379:15 381:6            206:13 209:20      267:4,5,7,9,16
        85:20 90:6     sort 5:25 38:4            209:20,21          267:18,21
        94:22 97:12      232:22 233:21           213:7 219:11       268:11,23

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        269:22 272:18      staff's 368:25         15:23 61:22        370:21
        272:20,23,24       stand 311:18           224:17 314:17    statements
        273:5,16,18,20     standard 67:17         315:9 346:9        93:15 286:10
        273:22 274:5,7       67:22,25 68:3        388:5              288:16 339:11
        274:10,14,17         70:19 71:13,17     stated 59:14         339:14,17
        274:19,22            71:18,20 72:8        69:16 70:4         363:12
        275:4,6,6,12,15      75:14 80:13          72:2 103:23      states 1:2 3:19
        275:18,23            82:14 101:24         114:13 126:23      180:9 186:4
        276:3,13,15,17       101:25 102:7         127:7 129:19       196:4,11
        353:21,25            102:16,18,20         132:5,10,11        220:23 334:23
        354:11,21,25         103:4,15,17,19       135:20 190:10      371:8
        356:19 364:14        103:22,25            221:24 238:10    stating 62:11
        364:16 365:19        111:21 171:20        299:10 300:11      72:2
        365:20 366:21        211:25 306:13        314:2 363:5      statistical
        367:5,7,12,14      standards              369:18             40:20 111:21
        367:23 368:2,5       219:6              statement            144:19 184:19
        368:13 386:1       standpoint             46:15 66:17        187:17 197:7
        389:1                51:7 124:17          70:20 79:23        197:22 198:2
      squeezed             stands 37:22           84:5,22,24         198:10 200:8
        267:14             stapled 202:10         85:5,8 94:7,9      236:23 239:11
      squeezes             start 13:11            100:19 118:7       318:13 319:9
        267:22 269:5         54:11 128:15         118:21,24          322:15 324:12
        269:23 270:3         177:7 213:17         135:18 141:20      324:20,22
        270:12 271:3         216:2 250:25         143:17 152:21      325:25 326:2
        271:11 276:25      started 64:4           158:18 161:11      383:8
      st 203:12              229:13,14            194:18 196:17    statistically
      stack 178:17           231:14               219:15 225:11      40:17 92:23
      staff 357:25         starting 126:6         225:13,15          93:11 94:4,16
        358:5,15 359:3       126:12 127:18        235:18 262:22      96:6,14 97:4
        359:10 360:23      stat 37:16             283:19 285:20      97:10 99:4,7
        363:6,24 364:7     stata 37:13            295:8 319:25       106:15 144:17
        364:20 370:5         38:16,22 39:2        335:13 336:19      146:6,25
        370:16 371:3         40:10                336:21 337:14      147:14,22
        387:15             state 1:18 4:9         340:8,12 342:7     148:11,16,25
                             4:11 5:10            355:21 363:24      149:15,21

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     [statistically - stockholder]                                            Page 75

        151:25 153:3        35:25 36:10,23          145:25 146:5       299:6,17,21
        184:25 235:11       38:22 48:14             146:11,19,25       300:8,14,14
        235:13 236:5,7      49:2,3 56:5,12          147:15,21          301:7,18 307:3
        236:10 237:5        57:6 58:5,20            148:12,18          307:25 308:12
        237:11 238:7        59:13 62:17             149:2,8,14,22      308:22,24
        238:16 318:3,8      63:13,18 64:25          150:8,11,14,16     309:11 310:22
        318:17 322:25       66:10 68:24             151:25 152:3       312:2,9,11
        323:3,14 328:3      76:3 79:16              153:4 167:8        328:2,13
        328:14,23           80:10 81:5              170:21 174:13      329:16 336:6,9
        329:17 331:7        82:8 84:16              174:24 176:19      337:2,19 338:8
        331:10 332:10       85:16 86:12,14          176:20 178:7       338:18,23
        333:15,24           86:15,17,24             183:5 189:2,9      341:11,12,17
        334:7 373:20        87:2,8,11,17,20         189:9 213:23       342:12 343:7,8
        375:15 376:7        87:22,24 88:4           224:3 226:23       344:8,17 345:2
        376:13,20           88:9,10,15,18           226:25 227:8       346:4 348:23
        377:17,25           89:21,23 90:9           230:13,18          349:11 350:16
        378:12              90:11 92:4              236:16 237:7       352:3 353:11
      status 7:20           96:17,19 97:4           237:13,23,25       353:13 356:6
      steep 364:11,23       97:11 98:2              238:18,25          361:9,10 362:2
        365:17 366:3        99:7 100:10,12          240:8 246:10       362:13 363:8
        367:8               101:10,12               255:24 258:16      364:3 365:7,22
      step 235:9,20         104:5,15,24             261:20 265:15      366:22 367:12
        248:13 383:21       105:9 106:16            267:13,14          369:13 376:5
      steven 10:15          106:18 107:12           272:8 273:8        376:10 380:16
        178:20 179:19       110:9,12                275:9 278:8,21     382:19,22,23
      stickers 22:6         112:13,19,21            279:3,14,19        383:2,13,14,17
      stipulate 79:20       112:25 113:10           281:7 289:16       384:6
        115:13 117:4        114:24 115:9            290:11 291:18    stock's 140:23
        221:20 295:5        115:11,14,19            293:22 294:15      144:2
      stipulating           116:21,24               294:20 295:11    stockholder
        116:11              117:11,20               295:12 296:2,8     66:12 69:2
      stipulation           118:12,23               296:20,23          76:5 79:18
        115:18              119:8,19 120:9          297:3,16,18,18     80:12 81:7
      stock 16:10,11        130:2,22 140:8          297:23 298:5       82:10
        26:4,23 31:14       145:4,12,18,20          298:12,13,18

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      stocks 16:23,25         332:7 339:6,23     stuck 80:22         365:14 366:8
        25:24 26:14           342:24 343:24        119:25 290:24     367:4,18,20,22
        27:18 30:9            344:3,11 346:2     studied 112:22      372:16
        36:25 40:5,6          349:24 356:12        112:23 117:24   studying 63:15
        42:14 43:17           366:17 372:11        256:14 306:9      63:17 64:12,14
        44:5,12 45:17         372:16,17,21         306:14,15         64:18
        45:22 49:10           372:22 373:9         308:11 309:4    stuff 142:2
        52:5,7 56:5,13        375:11 377:10        309:10 310:11     201:23 311:11
        65:2 67:6,9           377:15 378:2         319:2 354:24    subject 379:12
        73:15,18 78:9         381:20,20            366:6 372:10    subjective
        104:8 105:4         stoneturn              372:23 373:9      84:11 106:2,10
        110:23 111:12         253:19,20,21         382:19            189:24 190:4
        111:13 114:25         253:24             studies 133:10      218:17 221:15
        116:10,18           stop 85:21             178:2 203:21      231:24 232:4
        117:13,23             152:15               204:18            232:15 233:12
        119:21 126:17       stopped 174:18       study 61:20         233:15,18
        126:21,21           stories 213:25         92:8,22 93:7      234:11,16,23
        127:17 167:6          217:3,12 218:3       108:10 109:6      328:17
        184:4,24              222:19 223:13        111:7,11,15     subjectively
        187:18 197:10         223:24,25            112:4 122:19      232:22
        197:19,24             224:8,10,11,19       137:19 138:3    subjectivity
        199:18 200:9          225:4,5,17           138:19 139:7      223:19 297:9
        228:8 232:12          226:14 227:20        139:17 144:14   submission
        256:14,20             228:2,10 229:3       147:17 152:14     218:10,12
        261:14 262:2        story 217:6,15         152:17 153:2      252:13
        287:4,7 289:13      strategy 230:16        204:20,22       submittal 33:4
        290:4,6 292:13      street 18:18,20        245:11,12         33:8
        292:23 293:3          19:5,8               249:17 250:22   submitted
        294:6,9 301:25      stricter 171:24        255:22 263:24     12:11,19,25
        302:9 304:15          172:3,8,12           264:5 271:10      13:5 14:21
        306:6,16            strictly 204:10        294:3 295:24      15:11,25 16:15
        310:13,19,24        strike 9:8 31:5        298:2 309:2,3     17:6,12 22:16
        312:11 319:2,5        73:5,5 128:16        309:7 319:5       23:4,11 24:18
        320:22 321:3        structure 358:7        321:15,23,25      25:8 162:15
        322:7 330:25          359:5 387:16         323:12 342:18     166:15 171:12

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     [submitted - tabak]                                                   Page 77

        173:14,25          substitutable          150:22 151:4       276:19 286:8
        174:2 175:25         342:19             supposed             287:20 288:16
        177:8 186:22       substitute             250:11 262:7       289:9 292:5
        226:12 231:5         343:8                290:10             308:10 330:6
        253:16 326:16      subsumed 7:17        supreme 68:6         337:16 341:20
      submitting           subtract 54:15         72:24              352:16 354:6
        15:18 24:20        sufficient 78:25     sur 326:19           356:4 365:5
        25:5,14 291:16       79:6 190:19,20       327:7            surface 59:7
      subpoena             suggest 338:21       sure 9:14 12:7       331:21 334:13
        327:2              suggested              14:25 15:3       surge 359:16
      subpoint 54:9          274:20               17:22 27:12        359:21 360:3
      subsamples           suggesting             29:22 35:2,6       360:15
        144:24,24            367:11               35:22 50:11      surprised
        148:17             suggests 95:11         55:8 56:18         71:22 171:18
      subscribed             202:7                57:14,25 63:23     252:21,23
        386:16             suit 14:6              66:16,17 77:19   surrounding
      subsequent           suitability 27:4       77:19 80:4         98:7,9 164:6
        93:7 94:3 96:7       27:10 221:8          83:11 84:7         166:22
        96:7 364:11,23     summary                86:9,16 88:12    suss 230:21
        365:16 366:3         325:21               88:16 113:6,23   swaine 1:15 2:8
        367:8              super 232:11           134:18 136:5       3:22 4:15
      subsequently         supplemental           146:13,14        swear 4:24
        33:16 42:7           24:9                 147:8 162:21     sworn 5:5
      subset 125:24        supplementat...        164:11 165:24      386:16 388:8
        125:25 258:13        24:6,7               167:14,25        symbols 41:21
        261:17             supply 34:13           172:13 173:16    synonymously
      substantially          50:9 51:16,19        177:7 192:3        294:2
        292:14,17            52:17                193:14 194:12    system 8:16
      substantive          support 11:18          198:9 201:10     systematic
        95:19                133:6 135:22         204:7 223:8        244:5
      substantively          137:22 140:4         243:17 252:20            t
        23:17,22             141:5,16             254:9 255:5
                                                                   t 137:2 387:6
      substitutability       146:21 148:20        257:20 268:22
                                                                     389:3,3
        342:24 343:3         148:23 149:5         269:22 270:6
                                                                   tabak 158:20
        343:23               149:17 150:2,5       271:7 272:2
                                                                     191:9,12
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     [tabak - tend]                                                       Page 78

        192:12,14,22       187:2 242:14          97:13 101:19    tautologically
        193:21 204:8       251:3 267:22          101:21 120:3      305:24 324:7
        208:6 222:25       268:3 269:2,5         129:10,11       td 375:5
        225:7,22 226:4     272:11 275:7          134:24,25       teaching 8:5,7
        226:12,17          276:18,24             151:24 161:6      10:4 19:25
      tabak's 192:19       278:18 284:7          164:24 165:21     20:16,18,19
        193:11             311:14 312:7          169:6 173:8     team 253:2
      table 39:7,9,12      312:13,15             192:10 201:25   technically
        39:13 40:9,14      352:2 356:21          202:15 211:4      7:19 10:23
        40:16,21 42:11     356:22 357:19         215:17 219:12     14:2 209:4
        42:12 55:16        365:9 366:6,25        219:13,13         235:20 254:6
        60:4 125:11,14     368:10 383:22         227:14 239:25   tell 100:6
        185:18 211:17    taken 1:13              245:18 262:19     115:22,23
        316:25 317:3       35:12 77:2            262:20 270:19     116:23 157:12
        318:19 319:18      179:11 251:12         270:22 275:5      192:23 193:5
        322:14 324:11      273:18,23             278:13,15         207:20,25
        325:6,8,13         312:24 348:13         290:7 293:3       214:4 218:21
        326:10 327:17      351:25                295:18 298:7      255:9 268:24
        327:22 328:9     talk 53:24 54:7         303:5 337:9       270:3 272:7
        330:11,18          97:16 140:17          340:22 341:4      305:14 310:5
        333:8 334:24       194:20 270:18         343:11 346:6      311:21 336:21
        335:7,16           270:20 351:23         363:14,19         343:3,4 362:25
        352:25 356:3       380:25                370:10,12         368:9 381:8
        373:2 375:10     talked 35:22            380:17          telling 195:10
        375:22 377:4       40:11 48:13         talks 169:19        353:25
        377:17,22          263:6 292:6           268:10          temporarily
        378:11 382:13      296:22 337:25       tangentially        339:5,23
        382:13,18          345:25 351:7          252:5           ten 12:6,8,20
        387:14             368:11              target 67:20        81:14 120:3
      take 3:12 35:4     talking 35:21           70:7              212:2 213:21
        51:24 57:16        37:3 48:23,25       targeted 351:5      214:9 226:23
        65:10 75:19        51:13 52:18         taught 20:9,11      368:19,21
        76:22 86:4         53:25 54:2,6          20:12,21,22     tend 140:4,13
        101:2 106:9        56:3,7 66:25          52:12             146:21 178:7
        128:5 136:5        87:16 92:12

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                                     of 190

     [tending - thank]                                                     Page 79

      tending 137:22       380:21,22,23          194:3,5,13,21    testimony
        141:5,15           381:2                 195:2,13 196:5     17:15,24 48:22
      tenure 20:2,14     test 111:24             197:6,18 198:9     90:4,8 107:2
      term 8:10            115:22 124:19         201:5 204:25       151:2,9 152:12
        69:15 70:2         138:6,20 139:8        205:23 206:2       156:18 159:19
        87:12 88:5         139:10,11,12          207:5,11,23        160:7 203:17
        100:17 103:2       143:24 144:9          208:21 215:13      210:13 232:19
        105:8 106:2,10     144:12,21             217:20 222:7       233:24 259:14
        110:12 130:12      145:4,11              225:8 227:18       260:7,24
        131:8 134:7        148:14,21             235:23 236:8       295:10,14,16
        135:5 140:13       150:2,12 151:2        237:21 240:5       348:19 366:5
        161:10 205:4       151:3 153:8,13        241:3 256:12       368:6 386:10
        212:9 228:13       153:13,25             256:12 296:7       388:7,10
        241:14 254:7       154:3,9,10,24         296:18 316:17    testing 74:3
        265:9,14           155:2,17 156:4        316:18 317:4       159:15,20
        267:11 270:19      156:19,21             318:14,16          160:8 164:9,20
        270:21 281:4       157:3,4,11,13         319:12,17,18       164:25 217:21
        293:23 302:4       157:14,25             320:3 324:18       221:10 335:11
        305:14,21          158:10 159:10         325:14,22        tests 159:4
        307:2 312:5        160:16,17             326:5,10           165:7,16
        323:10 337:10      161:16 163:13         327:22 329:21      166:23 172:12
        338:14 347:5       163:14 165:24         330:20 331:11      175:6 190:9,25
        380:5              172:19 173:2          331:16 334:6       255:22
      terms 42:12          173:11,19,22          334:15 335:11    tethered
        57:25 64:20        174:4 176:3,16        335:12,16,24       273:11
        139:22 140:17      176:25 177:20         379:17,24        text 125:18
        152:6 167:2,17     178:12,14           testified 5:5        314:16
        167:23 168:14      180:10 183:17         15:14,17         textbook 266:4
        174:20 189:6       184:5,6,12            148:25 149:4       266:9
        190:6 205:25       185:3,19 187:8        149:13 168:22    thank 22:14
        282:12 289:21      187:13,16             181:20 219:10      23:10 35:3
        302:25 304:8       188:23 190:8          231:4              36:3,7 162:8
        307:15 321:10      190:19,24           testifying 98:25     183:10 242:15
        337:25 350:24      191:22 193:13         102:6,15           243:10 286:14
        362:21 380:11      193:16,23             103:14 159:3       366:12 377:7

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     [thank - three]                                                       Page 80

        378:17 384:21    312:8,9 314:3           170:12 172:10     thinking 48:10
      thanks 35:20       345:24 348:3            181:24 182:3        48:11 88:8
      theoretical        357:18,20               188:2,25            102:10,11
        50:12 102:12     365:8 368:11            189:10,13           239:20 350:23
        124:17 352:13    376:18,20               190:2 194:24        360:7
        352:22 353:17    378:11 380:15           197:11 201:23     thinks 341:15
        355:18,22        380:15,21               202:9 204:20      third 314:8
        356:15           383:6                   205:5 212:17      thorough 167:5
      theoretically    think 5:24 7:5            218:13 223:5        167:19
        357:11           7:14,16 8:12            223:17 226:22     thoroughly
      theories 284:18    9:3,12 11:4,10          227:3,5,9,10,13     334:12 349:13
      theory 65:12,14    11:10 13:25             231:4 232:19      thought 9:21
        65:17 66:9       14:4 16:16,23           238:9 239:7,15      35:18 38:2
        68:23 75:24      17:5,19 21:12           243:2 244:6         57:24 87:3,15
        76:2,8 79:14     35:20 39:4              247:23 248:6        88:7 108:12
        80:9 82:8        46:8 48:19              251:2 252:6         112:10,18,20
        140:22 212:8     51:8 52:20              253:6,18            112:23 142:15
        248:3 257:8,17   53:10 55:11             262:25 264:6        188:21 229:8
      thick 202:23       62:23 66:25             265:19 270:8        233:13 256:17
      thing 30:15,15     70:12 75:5              273:7 274:18        259:10 262:9
        38:7 165:19      77:17 78:25             275:8 278:3         262:18 271:19
        212:20 233:7     84:20 87:22             281:19 282:19       273:2 280:4
        261:9 283:4      90:24 100:14            282:20,22           284:13 291:3
        307:21 374:20    101:14 102:9            283:3 284:12        299:20 321:5
      things 28:2        105:23 106:11           288:14 291:11       344:21 345:5,9
        73:24 87:3       106:12 110:11           301:9 305:7         349:13 350:6
        130:24 131:2     129:17 138:8,9          308:2 313:24        351:13 356:25
        141:21 155:6     138:12,22               318:20 321:9        357:11 376:3
        155:12,14        140:11 141:19           322:2,9,10        thousands
        167:4,18         141:25 142:2            324:2 329:5         102:24 241:11
        168:24 174:24    142:17 143:17           343:2 351:4       three 7:13
        188:17 221:24    149:7,8 152:5           354:22 356:8        53:10 59:18,20
        222:24 226:19    152:6 164:13            357:21 358:18       59:20,21,25
        227:7 306:12     164:25 165:11           371:9 374:22        77:5 111:12
        307:6,14 312:7   169:15 170:4            377:8 381:25        112:15 136:8

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     [three - traded]                                                    Page 81

        153:21 156:2        261:2 263:3,3        228:21 240:10     170:16 171:17
        180:2,3,4           263:7,12,13,19       246:22 263:18     192:16 193:2
        184:4,24 199:5      263:19 264:18        264:9 269:15      211:16 214:21
        200:2,5 216:16      264:18,23,24         272:3 277:19      217:9 221:19
        216:17 264:9        267:22,22            291:13 294:18     237:3 246:8
        292:5 315:7         269:4,4 273:4        296:14 322:11     252:7 255:14
        323:9,14,19         275:2 278:2          329:25 343:25     271:11 325:7,9
        327:4 331:8,11      300:24 304:2,3       351:13 355:15     325:17 342:25
        375:11,22,23        310:9 311:6,14       362:19 378:8      353:17
        376:18 384:17       315:10 337:15      today's 115:8     topic 308:5,9
      throwing              340:10,14,20       todd 1:16 4:3     torture 312:16
        307:21              351:15 353:3         388:4,20        total 332:8
      ticker 41:21          356:6 357:6        together            369:6,12
        217:4,13            361:19 363:20        171:10 199:6    totality 321:8
      time 3:8 4:10         378:18 385:4         202:11 254:13   toward 281:18
        10:4,7,11        times 11:4,25           254:16 292:21   towards 246:16
        11:19 18:5          39:22 67:14        told 70:24          314:20
        32:16 51:4          81:21 117:14         72:15 166:9     township
        56:16 57:13         172:6 192:22         347:7,9           244:20 246:3
        75:19 96:16         193:6 198:19       tomorrow          track 20:2,14
        100:9 102:5,14      291:15 314:17        264:9             264:8
        103:14 106:5        315:7,8,8          ton 361:8         trade 45:22
        122:3 123:3,10   timing 56:4           took 28:6 51:9      176:21 178:16
        124:23 126:6     title 9:4 20:25         51:21 260:25      183:8 230:13
        126:13 127:3        21:3,6,10,15         272:23 317:14     287:24 288:5
        127:11,19           133:20             tootsie 44:14       290:4,6 320:18
        128:14,19        today 4:17 6:3          45:10 46:13       342:4
        129:7,14 136:4      18:7 68:9            115:24 126:18   traded 26:5,9
        165:11 177:8        71:10,23 74:25       126:23 127:7      26:14,24 31:15
        185:19 196:5        87:13 93:4           319:6 376:12      41:13 42:2
        204:11,14           95:25 100:8,14       377:9,14          44:23 45:10,19
        213:11,24           101:7 105:17       top 33:19 46:18     46:3,13 52:6,6
        216:20 219:17       106:7 113:20         137:14 138:13     150:16 152:4
        227:15 250:24       117:13 170:3         151:13 161:9      232:13 239:2
        253:15,25           177:16 195:6         168:3 169:24      240:8 278:21

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                                     of 190

     [traded - type]                                                       Page 82

        320:11 341:6     transcripts             111:21 119:12      33:2,12,15,21
        341:11,12          33:24                 120:15 138:23      33:23,24 34:16
      trader 48:12       translates              142:13 145:24      35:15 36:4
      traders 227:9        82:25 84:3            174:14 231:20      44:12 45:9,17
        312:7 369:9      tried 58:18             231:20 232:15      45:22 48:23
        380:18           trivago 41:17           232:21 233:21      49:16 76:24
      trades 65:21         126:15 319:8          240:20,25          118:10 127:2
        165:5 176:19       319:13,19             253:17 268:18      127:10 132:21
        178:15 183:6       320:6,9,11,21         268:21 289:25      133:6 144:24
        207:6 278:9        321:2 322:3,5         302:18,24          148:17 163:8
        279:3,14,19      true 75:5,9,10          303:4 306:25       170:20 175:12
        280:8 281:7        114:21 115:4          311:12 332:25      187:17 191:16
        290:11             140:11 216:12         360:6 365:10       193:23 195:7,8
      trading 1:7          231:8 262:5,25        376:21             196:11,20
        3:18 48:2,6,15     373:24 386:9        turn 65:7 107:5      199:17 200:8
        48:17 50:13        388:9                 108:3 120:25       214:11 221:24
        54:14,14,20      trust 15:5              137:12 138:24      231:13 232:2
        55:6 90:12         174:25 189:11         139:3 162:18       249:22 253:8
        101:7,12           219:3                 195:23 198:21      260:14 264:8
        128:12,13,18     truth 118:11            210:23 211:7       264:10 270:22
        128:24 129:6     try 12:4 27:12          244:8 257:21       274:19 278:11
        227:12 230:16      28:22 91:10,14        265:16,17          282:16,23
        230:17,18          92:17 105:19          359:13 368:16      283:20 288:16
        272:9 298:5        117:5,17            turned 107:18        288:21,25
        323:21 372:11      118:20 154:22       turning 36:8         315:7 319:5
        374:13,16          160:14 197:14       turnstone            323:13,22,23
        386:1 389:1        201:20 300:2          253:19             324:14 331:7
      traffic 68:12        301:24 303:11       twice 13:8           331:10 351:10
      trail 369:20         344:22                197:3 232:20       357:8 368:2
        371:4            trying 15:19,21         303:15,21,24       375:23 376:18
      training 68:14       15:22 17:17         two 12:11,13         380:24
        166:11             22:17 30:5            12:14 16:22,25   type 50:17
      transcript 89:6      31:3 34:8 51:8        20:9 21:19         52:16 58:19
        91:19 386:5,10     62:9 64:2,6           23:19,25 24:17     159:23,24
        388:9              75:22 105:24          24:24 25:5,9       180:15 211:21

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 182
                                     of 190

     [type - unit]                                                       Page 83

        223:6,10,20      under 48:16            106:21 125:5      169:10 170:13
        298:2             53:13 65:5            131:22 148:23     207:18 210:12
      types 59:18,20      78:8,10,13,21         174:7 182:21      220:8,10,19
        218:2 222:19      84:20,24 85:5         185:22 194:25     232:18 248:17
        223:12 224:9      105:10 127:2          199:25 222:3      257:15 264:13
        225:3             127:10 135:19         226:10 231:13     265:8 266:16
      typically           144:16 150:12         239:5,13          269:15 272:22
        262:15,23         150:13 168:4          240:20,25         274:13,23
        270:12 271:3      175:4 189:17          264:3 283:5       278:25 279:9
        277:10,13         212:7 218:16          285:6 290:2       279:12,17,18
              u           218:16 219:9          299:11 300:15     281:6 282:15
                          221:25 222:15         301:2,4,13,15     328:5,9 329:12
      u 251:25
                          252:22 282:15         301:24 303:4      329:19 332:19
      uh 152:19
                          344:2,9,24            304:4 305:8       337:11 371:2
        199:20 362:8
                          347:14 368:8          327:19 332:21     375:6
      ultimately
                         undergraduate          369:19           understood
        140:7 142:23
                          5:19                 understanding      8:15 30:17
        249:10
                         underlies 39:2         53:7 65:5         31:2 34:23
      umbrella 48:17
                         underline 53:4         66:18 68:5        48:20 175:23
        135:19 168:4
                         underlying             70:21,24 72:10    193:8 198:18
        368:8
                          35:24 55:24           72:19 77:10,23    201:17
      unable 45:20
                          56:13 59:10           78:3,12 79:8     undertaking
        46:11 111:23
                          62:17 74:14,17        95:2,3 102:13     234:21
        220:18 266:16
                          170:21 174:22         103:21 105:13    unfamiliar
        270:2 305:12
                          203:24 210:15         105:15 107:3      219:24 281:4
        354:13 363:23
                          356:12                124:10 126:4     unfortunate
      unaffected
                         understand 6:2         126:10 127:13     371:21
        128:9,20,25
                          18:24 19:2            128:7,17,24      unfortunately
        129:8,23
                          28:24 62:9            129:6,25          74:2 204:6
      unaware 23:24
                          63:11 64:2,23         130:20 133:15    uniformly
        278:18
                          75:2,8 77:7,20        134:4,12,17       273:4
      uncertain
                          81:17 90:25           135:17 165:12    unit 3:15 35:10
        164:20
                          95:19 98:6            166:9,18,25       35:15 76:24
      unconfident
                          99:13,23              167:16,22         77:5 136:8
        321:11
                          106:11,13,19          168:13,23         137:7 179:9,14

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     [unit - valuation]                                                   Page 84

        251:10,15           132:3,22 133:7       193:19 194:17      233:2,22
        312:22 313:5        133:16 135:23        195:5 196:23       267:20 268:25
        348:11,16           144:20 158:2         196:24 197:3       269:3 274:9
        384:24              158:11,18            198:12 206:13      282:7 283:13
      united 1:2 3:19       160:19 176:23        206:23 219:5       284:2 285:12
      univariate            177:15,18            221:6 222:6        287:15 288:10
        383:22              188:13 192:19        223:2,2 227:11     290:19 293:25
      universal             193:11 196:18        230:24 231:6       300:24 302:4
        168:19              217:23 222:5         231:24 232:3       305:21 307:15
      universally           223:18 227:4,8       232:11 265:4       325:16 326:4
        276:15              228:13 230:6         266:4,7 277:10     326:17 328:3
      university 5:22       230:25 231:25        288:18 289:18      328:15 329:18
        20:7 21:7           232:25 241:14        289:21 291:4       345:8 347:5
      unknown               282:24 293:23        292:2 299:23       354:7 355:11
        366:23              302:25 326:20        318:18 338:14      369:10 381:13
      untethered            335:24 336:2         370:2            usually 144:18
        336:12 337:5        382:4              uses 138:3           173:9 369:23
        337:22 338:11     used 16:12             185:19 224:7     ute 53:8,18
      unusual 295:25        38:21 40:24        using 37:12          282:16,21
        296:8,19,22         43:25 44:6           40:10 46:24        283:6
        302:17 304:6,8      52:23 80:17,21       47:13 52:24      utilized 173:22
      unusually             98:14,20             60:2 67:16         190:13
        360:24 361:5        105:10 106:2         95:9 105:25              v
        361:19              122:12,24            122:20 135:4
                                                                  v 14:11 15:5
      upper 252:22          123:19 124:3,9       161:16 163:20
                                                                  vacuum 108:12
      ups 294:7,10          131:14 132:5         174:18 175:2
                                                                    151:24 247:4
        306:18              134:7 140:13         180:10 181:20
                                                                  vague 266:20
      use 21:23 38:10       171:2,5 172:20       182:8 183:12
                                                                    267:10 304:8
        40:20 55:14         173:17,19,20         184:5 185:3
                                                                    305:3,7 307:15
        57:7 58:14          173:23 177:9         187:18 194:5
                                                                  valid 151:15
        66:20 69:14         180:19 181:3         194:22 196:5
                                                                  valuation 53:25
        70:2 82:11          181:16,22            197:6,18,24
                                                                    54:3 67:21
        87:11 105:18        186:6,17 187:6       198:6 211:22
                                                                    70:8 153:15
        110:12 116:3        187:12 191:2         211:25 214:22
                                                                    154:5,12 155:4
        129:21 131:24       192:22 193:4         218:14 231:7
                                                                    155:19 156:6
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                                     of 190

     [valuation - want]                                                    Page 85

        156:13,22           332:9,15,20        variety 7:4           282:12 297:13
        157:6,8,16          333:6,14,21        various 215:2,5     villanueva
        158:4,14            336:5,13 337:5       215:14              252:4
        159:12 160:21       337:23,24          verified 120:5      vision 347:23
        163:22 173:3        338:4,12 339:8     verify 113:13       visual 58:25
        182:14,18           341:12 342:11        116:23 118:3      vitae 9:13 89:3
        296:25 297:21       345:13,14            123:15 295:7      volatility
        345:24 380:23       346:18,19,21       verifying             306:10,14,16
        380:24              347:2,6,16,17        119:23 120:22       306:21 307:5
      value 40:3            347:18,21,24       veritext 3:25         307:22,23
        53:19,20,24         347:24 348:4         4:3               volume 369:7
        54:2 66:10,15       350:25 352:2       version 174:3         369:13 383:16
        67:15 68:25         365:10 367:3         327:21                     w
        74:3,4,17 76:4      369:13 379:19      versus 10:5
                                                                   w 5:3 7:21
        79:17 80:11         380:2,5,20           13:21 48:11
                                                                     137:4
        81:5 82:9         values 74:14           144:4,18
                                                                   wait 17:20 51:8
        154:16 155:10       184:16,18            145:10 149:9
                                                                     92:10 94:22
        161:5,11            197:18 329:21        180:10 184:6
                                                                     113:16 139:4
        173:10 182:20       331:3                185:3,18 187:8
                                                                     267:8
        189:14 232:7      variable 57:5          216:25 309:23
                                                                   waiting 209:5
        233:22 278:14       57:19 129:22       vertical 38:13
                                                                   walia 253:11
        278:14 297:7        131:14 132:3,6     video 3:11,16
                                                                     254:3,10,22
        297:11 299:4        135:23 349:3,9     videographer
                                                                   walk 286:6
        299:15 300:6        349:10 350:14        2:17 3:2 4:2,23
                                                                   wall 18:18,20
        301:5,16            350:16,24            35:9,13 76:23
                                                                     19:5,8
        308:20 311:24       351:9,14,18,25       77:3 136:7
                                                                   want 12:4
        312:3,4 317:7       352:10,16            137:5 179:8,12
                                                                     30:20 42:14
        317:16,19           355:17 357:8         251:9,13
                                                                     55:14 57:6,15
        318:12,25         variables 56:16        312:21 313:3
                                                                     58:14 59:22
        323:12 326:4        56:19,20 57:8        348:10,14
                                                                     61:8 64:23
        327:25 328:11       57:15 123:20         384:23
                                                                     79:19 83:5,6
        328:23,24           124:3 130:5        videotaped
                                                                     83:14 91:2,12
        329:15,24           131:25 133:7         1:12
                                                                     91:13 92:16
        330:21 331:9        346:14 382:21      view 46:6
                                                                     95:14,16,18
        331:12,16           383:5 384:4          221:15 281:13
                                                                     97:15 101:2
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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 185
                                     of 190

     [want - werner]                                                      Page 86

        105:12 108:18     330:6,7 338:19        256:15 271:13     310:13,19
        113:16,25         339:14 340:2          271:17 278:23     315:25 316:20
        115:13,17         353:15 369:15         281:14 284:9      319:20 320:6
        116:23 117:4      374:19 382:12         284:16 290:25     320:12,19,22
        118:2,10,17      wanted 35:18           296:16 298:19     321:3,25
        122:8 123:14      175:16 233:9          301:20 302:13     322:17 333:22
        127:25 133:20     383:11                320:5 322:12      334:18 336:7
        133:21 152:20    wants 115:3            329:3 331:19     weeks 216:16
        158:18,23         118:15 249:2          331:21,24         216:17
        159:16,19         300:23 343:6          340:6 344:23     weight 321:14
        160:2,3,7        warning                346:14 348:21     321:22
        161:10 162:20     368:21                350:12 352:17    weighted 39:14
        162:22 165:4     waste 213:11           352:18 353:18     39:18 40:2,3,4
        167:13 173:18    wasting 304:2          354:5 356:10      369:13
        182:5 187:10      304:2                 388:13           went 6:23 7:18
        192:6 201:9      way 26:20             ways 55:3          218:8 313:25
        202:12 207:14     27:13 28:23           59:21 215:2,5    werner 1:12
        208:4,16,22       29:5 38:4             215:14            3:1,17 4:1,22
        209:18 211:20     40:11 43:22          we've 380:12       5:1,8,13,16,18
        213:3 214:13      49:21 50:17          website 226:22     6:1 7:1 8:1 9:1
        215:20,25         53:5 54:5,12          251:23            10:1 11:1 12:1
        216:11 218:18     54:23 56:10          weed 231:16,20     13:1 14:1 15:1
        220:4,12,13       57:14,17 58:11       week 227:24        16:1 17:1 18:1
        221:4,20          86:6 93:3             228:8 229:4       19:1 20:1 21:1
        223:17 233:10     100:8 104:7           232:14 292:11     21:21,23 22:1
        237:14 241:7      105:3 118:17          293:3 294:7,16    23:1 24:1 25:1
        249:11 251:6      130:15 141:7          294:21 295:13     26:1 27:1 28:1
        270:23 271:8      141:17 151:7          295:24 296:7      29:1 30:1 31:1
        272:5 273:3       153:24,25             296:18 297:3      32:1,20 33:1
        274:25 276:10     154:23 160:15         297:24 299:7      34:1 35:1,19
        280:15,16         164:3 170:19          299:18 300:9      36:1 37:1,23
        286:5 287:23      175:10,11             301:8,19 302:2    38:1 39:1 40:1
        290:3 292:4,15    176:20 207:20         302:10 304:16     41:1 42:1 43:1
        295:3,5,6,19      238:2 244:5           306:19 308:13     44:1 45:1 46:1
        302:14 307:16     249:5 252:6           308:25 309:12     47:1 48:1 49:1

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                                     of 190

     [werner - werner]                                                   Page 87

        50:1 51:1 52:1     135:1 136:1           205:1 206:1      274:1 275:1
        53:1 54:1 55:1     137:1,10 138:1        207:1 208:1      276:1 277:1
        56:1 57:1 58:1     139:1 140:1           209:1 210:1      278:1 279:1
        59:1 60:1 61:1     141:1 142:1           211:1 212:1      280:1 281:1
        62:1 63:1 64:1     143:1 144:1           213:1,18 214:1   282:1 283:1
        65:1 66:1 67:1     145:1 146:1           215:1 216:1      284:1 285:1
        68:1 69:1 70:1     147:1 148:1           217:1 218:1      286:1 287:1
        71:1 72:1 73:1     149:1 150:1           219:1 220:1      288:1 289:1
        74:1 75:1 76:1     151:1 152:1           221:1 222:1      290:1 291:1
        77:1,8,21 78:1     153:1 154:1           223:1 224:1      292:1 293:1
        79:1 80:1 81:1     155:1 156:1           225:1 226:1      294:1 295:1
        82:1 83:1 84:1     157:1 158:1           227:1 228:1      296:1 297:1
        85:1 86:1 87:1     159:1 160:1           229:1,25 230:1   298:1 299:1
        88:1 89:1,7        161:1 162:1,3         230:22 231:1     300:1 301:1
        90:1 91:1 92:1     163:1 164:1           232:1 233:1      302:1 303:1
        93:1 94:1 95:1     165:1 166:1           234:1 235:1      304:1 305:1
        96:1 97:1 98:1     167:1 168:1           236:1 237:1      306:1 307:1
        99:1 100:1         169:1 170:1           238:1 239:1      308:1 309:1
        101:1 102:1        171:1 172:1           240:1 241:1      310:1 311:1
        103:1 104:1        173:1 174:1           242:1,8 243:1    312:1 313:1
        105:1 106:1        175:1 176:1           244:1 245:1      314:1 315:1
        107:1 108:1        177:1 178:1           246:1 247:1      316:1 317:1
        109:1 110:1        179:1 180:1           248:1 249:1      318:1 319:1
        111:1 112:1        181:1 182:1           250:1 251:1,19   320:1 321:1,16
        113:1 114:1        183:1 184:1           252:1 253:1      322:1 323:1
        115:1,23 116:1     185:1 186:1           254:1 255:1      324:1 325:1
        117:1,16 118:1     187:1 188:1           256:1 257:1      326:1 327:1,11
        119:1 120:1        189:1 190:1           258:1 259:1      327:16 328:1
        121:1 122:1        191:1 192:1           260:1 261:1      329:1 330:1
        123:1 124:1        193:1 194:1           262:1 263:1      331:1 332:1
        125:1 126:1        195:1 196:1           264:1 265:1      333:1 334:1
        127:1 128:1        197:1 198:1           266:1 267:1      335:1 336:1
        129:1 130:1        199:1 200:1,18        268:1 269:1      337:1 338:1
        131:1 132:1        201:1 202:1           270:1 271:1      339:1 340:1
        133:1 134:1        203:1 204:1           272:1 273:1      341:1 342:1

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 187
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     [werner - writings]                                                 Page 88

       343:1 344:1         wide 30:12           85:19,21,24      worked 6:9,13
       345:1 346:1          46:24 47:14         104:19 140:13     11:21 12:21
       347:1 348:1,18       52:24 54:23         206:13 256:7      191:13 227:11
       349:1 350:1          282:13 348:21       284:25 288:18     242:4 251:18
       351:1 352:1         widely 122:23        289:19 295:18     252:5,22,24
       353:1 354:1         window 122:21        299:23            253:2,18
       355:1 356:1          133:18 135:16      worded 120:15      254:10,13,16
       357:1 358:1         wisconsin           wording            294:14,19
       359:1 360:1          314:17 315:8        173:17 221:6     working 38:21
       361:1 362:1         wish 23:15           291:5             188:11 371:13
       363:1 364:1         withdraw            words 28:13        371:23 372:6
       365:1 366:1          23:16 91:15         31:3 65:2         375:8 377:21
       367:1 368:1          201:4               66:21 96:24      works 253:24
       369:1 370:1         withdrawing          154:2 157:12     world 102:12
       371:1 372:1          300:19              161:8 171:9       103:3,24
       373:1 374:1         witness 4:25         229:17 233:10     264:23
       375:1 376:1          5:4 9:18 23:8       241:17 258:6     worried 234:6
       377:1 378:1,18       80:18 90:22         281:5 314:11      234:7
       378:23 379:1         108:17 125:23       317:21 382:21    worries 203:3
       380:1 381:1          129:16 163:9       work 6:19         worry 198:20
       382:1 383:1          202:12,16,24        11:17 25:4,8     worth 66:7
       384:1,25 385:1       203:3 206:15        25:13 28:9,20     346:23,25
       386:2,4,13           208:22 209:3        73:8 82:4,14     write 70:16
       387:4,8,9,10,11      212:4,14,21,25      101:5 154:8       122:19 123:18
       387:14 389:2         213:3 216:8,19      168:2,6,6         156:11 188:10
       389:24               242:15 243:9        169:7,9 174:15    214:22 236:14
      werner's              245:4,9 250:24      231:15 232:20     238:6,14
       180:10 199:16        251:3,8 356:2       233:2,20          258:12 266:3
      whereof 388:15        366:12 378:20       234:21 242:7      286:2
      whispering 3:7        387:3 388:7,10      252:12 254:17    writes 258:12
      whoa 103:7            388:15              257:13,17         364:8 370:6
       108:2 302:23        won 257:9,12         274:16 352:11    writing 226:4
       302:23,23            257:16              355:11 361:3      236:22 287:12
       305:19,19,19        word 27:10           363:3            writings 265:5
                            45:25 80:17,21

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     [written - zhang]                                                  Page 89

      written 74:23        99:19 103:6           170:8,14 231:2
        168:18,21          108:8,11,22           233:8 245:21
        169:16 190:14      109:9 125:22          270:20 306:7
        195:4 214:7        129:15,17             306:17,21
        215:21 216:12      130:18 132:9          307:5 318:7
        220:14,24          157:23 159:16         320:10 321:23
        222:23 274:21      162:16 163:4          323:16 325:15
        340:3 363:2        167:25 197:2        years 5:14 8:21
      wrong 30:15          201:18 202:25         21:3 51:21,23
        78:11 109:10       213:21 228:16         68:16 71:3
        130:12 222:16      245:2 247:4           89:13 91:4
        239:18 261:9       251:8,8,8             99:11 100:15
        329:5 335:15       257:19 266:20         101:22 104:11
        341:18,21          267:17 276:18         105:11,16
        358:19 373:10      282:20 306:13         106:3 142:11
      wrote 65:19          314:25 316:15         172:16 181:15
        76:10 121:11       331:22 342:14         187:5 191:16
        137:17 139:14      344:20 345:8          193:23 196:22
        139:19 143:24      350:5 351:20          212:2 225:12
        155:16 156:3       352:5,20              254:12 269:17
        157:12 163:20      372:13 379:4          270:22
        215:9 217:17     year 6:10 42:3        york 1:16,16,18
        288:6,7 338:16     45:4 93:8 94:3        2:4,4,9,9 3:23
        340:4 370:16       95:5 96:7             3:23 6:14,18
              x            109:3 111:11          162:7 388:5
                           113:11 114:25       yup 44:20
      x 1:5,8 265:20
                           115:12,15             255:18
        387:2,6
                           116:9,17                     z
              y            117:22 119:20
                                               z 251:25
      yeah 19:2 20:8       120:11 121:22
                                               zero 57:20
        32:19,22 39:25     122:11,21
                                                 264:5 330:11
        57:5 59:22         148:7 162:15
                                                 330:19,25
        60:18 64:23        166:15,19,24
                                               zeros 273:22
        73:11 74:8         168:11,19,23
                                               zhang 251:25
        92:15 93:3         169:9,16,21

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Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 189
                                     of 190


                         Federal Rules of Civil Procedure

                                        Rule 30



            (e) Review By the Witness; Changes.

            (1) Review; Statement of Changes. On request by the

            deponent or a party before the deposition is

            completed, the deponent must be allowed 30 days

            after being notified by the officer that the

            transcript or recording is available in which:

            (A) to review the transcript or recording; and

            (B) if there are changes in form or substance, to

            sign a statement listing the changes and the

            reasons for making them.

            (2) Changes Indicated in the Officer's Certificate.

            The officer must note in the certificate prescribed

            by Rule 30(f)(1) whether a review was requested

            and, if so, must attach any changes the deponent

            makes during the 30-day period.




            DISCLAIMER:     THE FOREGOING FEDERAL PROCEDURE RULES

            ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

            THE ABOVE RULES ARE CURRENT AS OF APRIL 1,

            2019.    PLEASE REFER TO THE APPLICABLE FEDERAL RULES

            OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.
Case 1:21-md-02989-CMA Document 568-15 Entered on FLSD Docket 06/08/2023 Page 190
                                     of 190
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