Legal Opinion
Olagues v. Icahn
Court of Appeals for the Second Circuit
Decided August 3, 2017No. Docket Nos. 16-1255-cv, 16-1259-cv, 16-1261-cvPublishedCited by 8 opinions
1Opinion of the Court
LOHIER, Circuit Judge:
John Olagues, a shareholder in three public companies—Herbalife, Ltd., Hologic Inc., and Nuance Communications, Inc. (together, the “Companies”)—seeks disgorgement of “short-swing” profits under Section 16(b) of the Securities Exchange Act of 1934 from investment entities controlled by Carl C. Icahn (together, “Icahn” or the “Icahn Entities”). In contracts with Various third parties, Icahn sold put options based on the stock price of the Companies and collected cash premiums as consideration. Because the put options were cancelled unexercised within six months of their…
2Cases cited11 opinions
- Allaire Corp. v. OkumusCourt of Appeals for the Second Circuit · 2006
- Vasquez v. Empress Ambulance Service, Inc.Court of Appeals for the Second Circuit · 2016
- Louis Buddy Yosha v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988
- 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 90,280 Margaret Gwozdzinsky, Derivatively on Behalf of Revco D.S., Inc. v. Zell/chilmark Fund, L.P. And Revco D.S., Inc.Court of Appeals for the Second Circuit · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New England Carpenters Guaranteed Annuity and Pension Funds v. AmTrustCourt of Appeals for the Second Circuit · 2023
- UnitedHealthcare of New York v. LacewellCourt of Appeals for the Second Circuit · 2020
- Rubenstein v. Live Nation EntertainmentDistrict Court, S.D. New York · 2017
- Another Planet Entertainment v. Giraudo CA1/5California Court of Appeal · 2021
- Chechele v. Standard General Master Fund L.P.District Court, S.D. New York · 2021
3 more not listed; retrieve them via the Exa API.