§Why CasetextPricing

Potter v. Valeant Pharmaceuticals International, Inc. et al

BRIEF in Opposition

25 Cited authorities

  1. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,892 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  2. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,870 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  3. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 995 times   10 Legal Analyses
    Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

  4. Affiliated Ute Citizens v. United States

    406 U.S. 128 (1972)   Cited 1,627 times   33 Legal Analyses
    Holding bank jointly and severally liable with its employees, without explanation

  5. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 858 times   15 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act

  6. Berckeley Inv. Group, Ltd. v. Colkitt

    455 F.3d 195 (3d Cir. 2006)   Cited 1,216 times
    Holding that an expert witness is prohibited from rendering a legal opinion because it would usurp the District Court's pivotal role in explaining the law to the jury

  7. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 997 times   18 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  8. S.E. C. v. Capital Gains Bureau

    375 U.S. 180 (1963)   Cited 659 times   38 Legal Analyses
    Holding that an investment adviser who purchases a security for his own account and then recommends the same security to his client without disclosing that ownership violates the antifraud provision of the Act and breaches his fiduciary duty

  9. In re Morgan Stanley Infor

    592 F.3d 347 (2d Cir. 2010)   Cited 417 times   3 Legal Analyses
    Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed

  10. S.E. C. v. Ralston Purina Co.

    346 U.S. 119 (1953)   Cited 430 times   8 Legal Analyses
    Finding the "imposition of the burden of proof on an issuer who would plead the [private placement] exemption" to be "fair and reasonable" given the "broadly remedial purposes of federal securities regulation"

  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,111 times   81 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  12. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 819 times   21 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  13. Section 771 - Comptroller General, powers and duties

    15 U.S.C. § 771   Cited 691 times   2 Legal Analyses
    Allowing private cause of action for violations of § 77e

  14. Section 230.144A - Private resales of securities to institutions

    17 C.F.R. § 230.144A   Cited 29 times   5 Legal Analyses

    Preliminary Notes: 1. This section relates solely to the application of section 5 of the Act and not to antifraud or other provisions of the federal securities laws. 2. Attempted compliance with this section does not act as an exclusive election; any seller hereunder may also claim the availability of any other applicable exemption from the registration requirements of the Act. 3. In view of the objective of this section and the policies underlying the Act, this section is not available with respect

  15. Section 230.159A - Certain definitions for purposes of section 12(a)(2) of the Act

    17 C.F.R. § 230.159A   Cited 12 times

    (a)Definition of seller for purposes of section 12(a)(2) of the Act. For purposes of section 12(a)(2) of the Act only, in a primary offering of securities of the issuer, regardless of the underwriting method used to sell the issuer's securities, seller shall include the issuer of the securities sold to a person as part of the initial distribution of such securities, and the issuer shall be considered to offer or sell the securities to such person, if the securities are offered or sold to such person