17 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Weinstock v. Columbia University
224 F.3d 33 (2d Cir. 2000) Cited 2,467 times
Holding that "unsupported allegations do not create a material issue of fact"
Securities & Exchange Commission v. National Securities, Inc.
393 U.S. 453 (1969) Cited 598 times 5 Legal Analyses
Holding that, in a merger, shareholders are effectively purchasing shares in a new corporation while "losing their status as shareholders" in the previous corporation
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
Absolute Activist Value Master Fund Ltd. v. Ficeto
677 F.3d 60 (2d Cir. 2012) Cited 216 times 22 Legal Analyses
Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)
Plumbers' Union Local No. 12 v. Swiss Reinsurance Co.
753 F. Supp. 2d 166 (S.D.N.Y. 2010) Cited 39 times
Holding that a purchase of securities is "domestic" if the purchaser "incur an irrevocable liability to take and pay for the stock" in the United States (quoting Blau v. Ogsbury , 210 F.2d 426, 427 (2d Cir. 1954) )
Sec. v. Goldman Sachs & Co.
790 F. Supp. 2d 147 (S.D.N.Y. 2011) Cited 19 times 1 Legal Analyses
Finding that Paulson's role was “a fact that, if disclosed, would significantly alter the ‘total mix’ of available information.”
Sec. & Exch. Comm'n v. Gruss
11 Civ. 2420 (S.D.N.Y. Aug. 9, 2012) Cited 13 times
Finding that 15 U.S.C. § 80b-6, pursuant to which the Cash Solicitation Rule was promulgated, applies even as to foreign clients
Spanski Enters., Inc. v. Telewizja Polska, S.A.
10 Civ. 4933 (ALC)(GWG) (S.D.N.Y. Jan. 8, 2013) Cited 5 times
10 Civ. 4933 (ALC)(GWG) 01-08-2013 Spanski Enterprises, INC., Plaintiff, v. Telewizja Polska, S.A., Defendant. ANDREW L. CARTER OPINION & ORDER ANDREW L. CARTER, JR., District Judge: I. Introduction On June 24, 2010, Plaintiff Spanski Enterprises, Inc. ("SEI") filed a Complaint against Defendant Telewizja Polska, S.A. ("TVP"). Plaintiff alleges that Defendant breached the distribution contract entered into by the parties on December 14, 1994 ("Contract"). The Contract was modified on November 4,
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,543 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 77q - Fraudulent interstate transactions
15 U.S.C. § 77q Cited 3,298 times 38 Legal Analyses
Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
Section 77b - Definitions; promotion of efficiency, competition, and capital formation
15 U.S.C. § 77b Cited 1,404 times 27 Legal Analyses
Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
Section 230.901 - General statement
17 C.F.R. § 230.901 Cited 38 times 2 Legal Analyses
For the purposes only of section 5 of the Act ( 15 U.S.C. §77e ), the terms offer, offer to sell, sell, sale, and offer to buy shall be deemed to include offers and sales that occur within the United States and shall be deemed not to include offers and sales that occur outside the United States. 17 C.F.R. §230.901

Securities and Exchange Commission v. Goldman Sachs & Co. et al

17 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that "unsupported allegations do not create a material issue of fact"

Holding that, in a merger, shareholders are effectively purchasing shares in a new corporation while "losing their status as shareholders" in the previous corporation

Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed

Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)

Holding that a purchase of securities is "domestic" if the purchaser "incur an irrevocable liability to take and pay for the stock" in the United States (quoting Blau v. Ogsbury , 210 F.2d 426, 427 (2d Cir. 1954) )

Finding that Paulson's role was “a fact that, if disclosed, would significantly alter the ‘total mix’ of available information.”

Finding that 15 U.S.C. § 80b-6, pursuant to which the Cash Solicitation Rule was promulgated, applies even as to foreign clients

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"