2nd Circuit Affirms Investor’s Standing To Bring Short-Swing Disgorgement Suit

(June 25, 2024, 1:59 PM EDT) -- NEW YORK — A 2021 Supreme Court ruling did not abrogate a finding from the Second Circuit U.S. Court of Appeals holding that a violation of Section 16(b) of the Securities Exchange Act of 1934 inflicts an injury, a Second Circuit panel held June 24, ruling that a New York federal magistrate judge incorrectly found that a shareholder lacked standing to file a shareholder derivative complaint seeking disgorgement of short-swing profits from a capital management company....