Page 99 of Partner Pursuit
“Yes,” hesaid.
“And here you kept some articles about their bids for certain routes, right?” She handed the papers to the clerk who marked them in the transcript and then handed them to the witness.
“Yes,” hesaid.
“These articles are printed out within minutes of this announcement about the routes, isn’t that right?”
“Yes.”
“How is that? Do you have your stocks programmed into your news feed so you get updates automatically?” She gentled her voice so that she sounded mildly curious.
“Yes,” he answered.Yes, he’d admitted it. She had to remain impassive so he couldn’t tell how significant his response was. Now to confirm he received an automatic news update onPopflicks.
“Were you traveling to Istanbul in May?” Audrey switched topics to keep him off balance and distract him from the prioradmission.
“No, you already know from my depositionI wasn’t.”
“It looks like you researched these routes on Travelocity and looked at how many seats were taken—is that why you printed out this article on the consumer demand for flights toIstanbul?”
“Yes.”
“You do quite a bit of research when you invest in stocks,yes?”
“Yes.”
“And you don’t just rely on the SEC disclosures, do you?” She was getting into the rhythm of thecross-examinationnow. The courtroom had narrowed to just her and her witness. She moved closer to his witnessbox.
“No.”
“In fact, you also get immediate news updates on all your stocks, including Popflicks?” Her glanceheldhis.
“Yes.”
“And you received a news update on Popflicks that day, right?”
“Yes, I mean…” He looked to his attorney seated atthe table.
His attorney stood up. “Objection—leading.”
“Overruled,” the judgesaid.
Audrey repeated herquestion.
“Yes.” His facecrumpled.
“So, you received the news articles reporting about the CEO’s Facebookpost?”
“Yes.”
“And that was before market close?”
“Yes.”
“No further questions, your honor.” She’d always wanted to say that. He had learned the news before market close so he could’ve sold the stock—but he didn’t. The responsibility for his loss was his. She turned and walked swiftly to the counsel table and sat down. Anderson grabbed her hand tightly under the table and shook it victoriously, while keeping his face looking nonplussed above.
Rapid whispering occurred at plaintiff’s table. The judge adjourned the courtroom for lunch. As the gavel hit, conversations erupted. Anderson clapped her on the back and said, “Well done.” Sometimes, Howard, Parker & Smith partners could be so understated.
Betty came over and exclaimed, “That was brilliant. You just won the case for us!”
