Legal Opinion
At Home Corp. v. Cox Communications, Inc.
Court of Appeals for the Second Circuit
Decided April 28, 2006No. Docket No. 05-0115 CVPublishedCited by 1 opinion
1Opinion of the Court
DENNIS JACOBS, Circuit Judge.
This appeal raises two questions under section 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78p(b) (2005), which provides for disgorgement of short-swing profits earned by an insider who buys and sells the issuer’s equity securities within six months. The questions concern the applicability of section 16(b) to: [i] a hybrid transaction involving a fixed and floating price component; and [ii] a purchase of a company holding warrants in the issuer within six months of the granting of a put. The transaction that gives rise to these questions took…
2Cases cited11 opinions
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973
- Reliance Electric Co. v. Emerson Electric Co.Supreme Court of the United States · 1972
- Fed. Sec. L. Rep. P 90,216 Magma Power Company v. The Dow Chemical CompanyCourt of Appeals for the Second Circuit · 1998
- Fed. Sec. L. Rep. P 94,924 American Standard, Inc. v. Crane Co., and Third-Party v. Edward J. Hanley, Third-PartyCourt of Appeals for the Second Circuit · 1975
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3Cited by1 opinion
- At Home Corporation v. Cox Communications, Inc.Court of Appeals for the Second Circuit · 2006