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Expert Analysis

2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing

By Stephen Blake, Craig Waldman and Jonathan Youngwood (August 14, 2024, 4:22 PM EDT) -- The U.S. Court of Appeals for the Second Circuit on June 24 issued a decision in Packer v. Raging Capital Management LLC, reversing the U.S. District Court for the Eastern District of New York's dismissal of a shareholder's Section 16(b) derivative suit seeking to recover so-called short-swing profits for a lack of constitutional standing....

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