It is a solvable problem, I think. You can certainly identify through trading records whether entitlement holders have disposed of shares in a certain timeframe. That can be a question of evidence and proof. You can pick up people in the indirect market—that is, the people selling through brokers. There will be instruction orders that will be placed with those brokers, and they can be determined. You can define a class by the timeframe around which the insider has traded, and the people in a timeframe on the opposite side of the transaction can be part of the class. So it would be kind of a class concept that would be matched. Rather than an individual trading match, it would be a class match, and the damages would then go to be shared among all the members of the class, rather than just one individual who may not even be traceable through the indirect system.
On November 16th, 2009. See this statement in context.