Hastings Law Journal


In recent years, the Supreme Court has sought to clarify the application of section 16(b) of the Securities and Exchange Act of 1934. While the Court intended to relieve some of the confusion that lower court interpretations had generated, the effect has been to leave the provision with many ambiguities and inconsistencies. The author examines remaining difficulties in the interpretation of the provision and suggests possible methods by which they may be resolved.

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