Settling Section 16(b) Short Swing Claims: Who Gets a Seat at the Table?

Daniel H Tabak and Drew S Dean discuss the opinion of Magistrate Judge Gorenstein of the Southern District of New York in Revive Investing LLC v. FBC Holdings S.A.R.L. After finding that a prior settlement agreement between the defendant and different plaintiffs was valid and contained a release that precluded the claim at issue, Judge Gorenstein recommended the grant of summary judgment to the defendant in a Section 16(b) “short-swing profit” action. Dan and Drew go on to explore the future implications of Judge Gorenstein’s opinion and explain what this will mean for Section 16(b) litigants going forward.