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OLAGUES v. PERCEPTIVE ADVISORS LLC

Docket No. 17-2703-cv August Term, 2017.

902 F.3d 121 (2018)

John OLAGUES, Ray Wollney, Plaintiffs-Appellants, v. PERCEPTIVE ADVISORS LLC, Perceptive Life Sciences Master Fund Ltd., Joseph Edelman, Defendants-Appellees, Repros Therapeutics, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2018.

Attorney(s) appearing for the Case

John Olagues, pro se, River Ridge, LA; Ray Wollney, pro se, Fort Myers, FL, for Plaintiffs-Appellants.

Ralph Siciliano , Amanda Leone, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, NY; Frank Zarb , Proskauer Rose LLP, Washington, DC, for Defendants-Appellees.

Before: Cabranes, Lynch, and Carney, Circuit Judges.

Section 16(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78p(b), requires that certain defined "insiders" of an issuer of securities disgorge any profits derived from short-swing trades in those securities. Courts have generally read the statute, a strict-liability restriction on...

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