HUPPE v. WPCS INTERN. INC.

Docket No. 08-4463-cv.

670 F.3d 214 (2012)

Maureen A. HUPPE, Plaintiff-Appellee, v. WPCS INTERNATIONAL INCORPORATED, Defendant, Special Situations Fund III QP, L.P., Special Situations Private Equity Fund, L.P., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 20, 2012.


Attorney(s) appearing for the Case

Daniel E. Doherty , Law Offices of Daniel E. Doherty, Overland Park, KS ( David Lopez , Law Office of David Lopez, Southhampton, NY, on the brief), for Plaintiff-Appellee.

Thomas E. Redburn, Jr. , Lowenstein Sandler P.C., New York, NY ( Lawrence M. Rolnick , Lowenstein Sandler P.C., New York, NY, on the briefs), for Defendants-Appellants.

Before: JACOBS, Chief Judge, B.D. PARKER, Circuit Judge, and TSOUCALAS, Judge.


B.D. PARKER, JR., Circuit Judge.

Section 16(b) of the Securities Exchange Act of 1934 imposes strict liability on insiders whose purchases and sales of securities result in "short-swing profits." See 15 U.S.C. § 78p(b). Insiders include directors, officers, and "beneficial owners" of more than 10% of a company's registered securities—namely, persons who exercise voting or investment control over, and hold a pecuniary interest in, more than 10% of...

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