Juries tend to be offended by the idea that consultants are watching their every move and predicting how they are thinking. Nobody likes feeling manipulated.
All of the company's information goes through the investor relations department. Koenig has a key perspective of what went wrong because he was the window that showed the inside of Enron to the public.
There are those who are trying to roll back a key section of the law less than two years after it took effect. But these rules were put in place to protect us after Enron.
I don't think they have any legitimate grounds for appeal. You have to have some major screw up for a case like this to be reversed or for a judge as prominent as this to be challenged by an appeals court and this doesn't rise to that level.
Too much money has been spent on both sides and my feeling is that the company can get a fair trial given the diverse amount of people in Houston.
I call it the finger pointing defense. They are going to say that they relied on others and if something was wrong with the off-the-book partnership, the professionals should have told them.
Cramer's moving the markets like the star Internet analysts did during the tech bubble. He's got a big following of people who think they're acting responsibly by following Cramer's advice--but in reality he's dangerous to their health.