When shares remain illiquid beyond the period where an investor could reasonably have expected liquidity, damages can quickly arise. During the period of illiquidity, even if a relatively short period, the market price can decline rapidly resulting in losses for the shareholder. Under Duncan v. TheraTX, damages in such cases may be calculated based on an analysis of price and volume dynamics during the periods when shares should have been, and were, liquid, and the movements between one period and the other.
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