Judge: Investors’ Section 16(b) Claim Misses Mark In Short-Swing Profit Suit

Mealey's (January 21, 2021, 1:53 PM EST) -- NEW YORK — A federal judge in New York on Jan. 16 granted a motion to dismiss filed by defendants in a shareholder derivative lawsuit, ruling that investors have failed to state a sufficient claim for relief under Section 16(b) of the Securities Exchange Act of 1934 in alleging that a biopharmaceutical company made a short-swing profit in violation of the statute when it bought and sold shares of another company’s stock within a six-month window....