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Second Circuit Says that Insiders Are Still ‘Standing’ to Enforce Short-Swing Trading Under Section 16(b) of the Exchange Act
On June 24, 2024, the U.S. Court of Appeals for the Second Circuit reiterated that plaintiffs have standing to bring short-swing profits claims under Section 16(b) of the Securities Exchange Act of 1934. Reversing a district court decision in the case of Packer ex rel. 1-800-Flowers.com, Inc. v. Raging Capital Management, LLC, the Second Circuit concluded that the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez did not negate Second Circuit precedent finding that plaintiffs have Article III standing in the Section 16(b) context.
In this Client Alert, Daniel H Tabak and Christine M Jordan explore Article III standing in Section 16(b) actions, the case law and procedural history leading up to Packer, the Second Circuit’s decision, and the key takeaways.
Second Circuit Says that Insiders Are Still ‘Standing’ to Enforce Short-Swing Trading Under Section 16(b) of the Exchange Act
![](https://www.cohengresser.com/app/uploads/2023/08/New-Bitmap-Image-1-150x150.jpg)
On June 24, 2024, the U.S. Court of Appeals for the Second Circuit reiterated that plaintiffs have standing to bring short-swing profits claims under Section 16(b) of the Securities Exchange Act of 1934. Reversing a district court decision in the case of Packer ex rel. 1-800-Flowers.com, Inc. v. Raging Capital Management, LLC, the Second Circuit concluded that the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez did not negate Second Circuit precedent finding that plaintiffs have Article III standing in the Section 16(b) context.
In this Client Alert, Daniel H Tabak and Christine M Jordan explore Article III standing in Section 16(b) actions, the case law and procedural history leading up to Packer, the Second Circuit’s decision, and the key takeaways.
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C&G Wins Appeal in Second Circuit
On July 8, 2024, the United States Court of Appeals for the Second Circuit delivered a significant win to Cohen & Gresser client, Eddystone Rail Co., by reversing a Southern District of New York decision that denied Eddystone’s motion to amend its complaint to assert subsequent transfer claims against lenders to Ferrellgas, the former corporate owner of Bridger Transfer Services, LLC, a contractual counterparty of Eddystone.
The victorious C&G team includes Dan Tabak, Steve Sinaiko, Marvin Lowenthal, Ben Zhu, and Camille Delgado.
C&G Wins Appeal in Second Circuit
![](https://www.cohengresser.com/app/uploads/2023/08/NY-office-image-150x150.jpg)
On July 8, 2024, the United States Court of Appeals for the Second Circuit delivered a significant win to Cohen & Gresser client, Eddystone Rail Co., by reversing a Southern District of New York decision that denied Eddystone’s motion to amend its complaint to assert subsequent transfer claims against lenders to Ferrellgas, the former corporate owner of Bridger Transfer Services, LLC, a contractual counterparty of Eddystone.
The victorious C&G team includes Dan Tabak, Steve Sinaiko, Marvin Lowenthal, Ben Zhu, and Camille Delgado.
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The Return of Price Discrimination Enforcement: What Every Business Needs to Know
The Robinson-Patman Act (RPA), enacted in 1936 to prevent price discrimination by producers and resellers between similarly situated purchasers, has seen infrequent agency enforcement in the last 50 years and none since 2000. Despite recommendations for its repeal in 2007 by the Antitrust Modernization Commission, which argued it discouraged discounting and harmed consumer welfare, recent trends suggest a resurgence in RPA enforcement.
In this Client Alert, Ronald Wick and John Roberti explore recent developments in RPA enforcement, detailing its key provisions and offering essential insights for companies to ensure compliance.
The Return of Price Discrimination Enforcement: What Every Business Needs to Know
![](https://www.cohengresser.com/app/uploads/2019/07/ny-reception-website-150x150.jpg)
The Robinson-Patman Act (RPA), enacted in 1936 to prevent price discrimination by producers and resellers between similarly situated purchasers, has seen infrequent agency enforcement in the last 50 years and none since 2000. Despite recommendations for its repeal in 2007 by the Antitrust Modernization Commission, which argued it discouraged discounting and harmed consumer welfare, recent trends suggest a resurgence in RPA enforcement.
In this Client Alert, Ronald Wick and John Roberti explore recent developments in RPA enforcement, detailing its key provisions and offering essential insights for companies to ensure compliance.
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Paris Lawyers Recognized in The Best Lawyers in France 2025 Guide
Five of our Paris-based lawyers have been recognized in the 2025 edition of The Best Lawyers in France.
Johannes Jonas is recognized for corporate law; Angéline Duffour is recognized for labor and employment law; Muriel Goldberg-Darmon is recognized for banking and finance law, financial institutions, mergers and acquisitions law, and regulatory practice; Franck Le Mentec is recognized for tax law; and Guillaume Guérin is recognized for regulatory practice.
The Best Lawyers in France relies entirely on peer review to determine and recognize professional excellence.
Read more about their recognitions.
Paris Lawyers Recognized in The Best Lawyers in France 2025 Guide
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Five of our Paris-based lawyers have been recognized in the 2025 edition of The Best Lawyers in France.
Johannes Jonas is recognized for corporate law; Angéline Duffour is recognized for labor and employment law; Muriel Goldberg-Darmon is recognized for banking and finance law, financial institutions, mergers and acquisitions law, and regulatory practice; Franck Le Mentec is recognized for tax law; and Guillaume Guérin is recognized for regulatory practice.
The Best Lawyers in France relies entirely on peer review to determine and recognize professional excellence.
Read more about their recognitions.
About C&G
Cohen & Gresser is an international law firm with offices in New York, Paris, Washington, DC, and London. We have an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactions for our clients, including major financial institutions and companies across the world. Our attorneys have superb credentials, and are committed to providing the efficiency and personal service of a boutique law firm along with the quality and attention to detail that are the hallmarks of the best firms in the world.
The firm has been recognized in a wide range of publications, including Chambers, The Legal 500, Global Investigations Review, Managing IP, U.S. News & World Report’s “Best Law Firms,” Décideurs, and Benchmark Litigation. We have also been named to The National Law Journal’s “Midsize Hot List” and the BTI Client Service A-Team, and over half of our U.S.-based attorneys have been recognized by Super Lawyers.