§Why CasetextPricing

Securities And Exchange Commission v. Hui Feng et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint

55 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,794 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"

  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,934 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  3. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,657 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"

  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,483 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  5. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,477 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  6. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,283 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  7. United Housing Foundation, Inc. v. Forman

    421 U.S. 837 (1975)   Cited 763 times   40 Legal Analyses
    Holding that a security does not exist “where [a consumer] purchases a commodity for personal consumption or living quarters for personal use”

  8. Reves v. Ernst Young

    494 U.S. 56 (1990)   Cited 438 times   71 Legal Analyses
    Holding "every note" is presumed to be a security

  9. Securities & Exchange Commission v. First Jersey Securities, Inc.

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,231 times   5 Legal Analyses
    Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

  10. Tcherepnin v. Knight

    389 U.S. 332 (1967)   Cited 702 times   5 Legal Analyses
    Holding withdrawable capital shares in savings and loan association a security

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,115 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,488 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,297 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

  14. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,665 times   87 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

  15. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,154 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  16. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 975 times   52 Legal Analyses
    Requiring broker-dealers to be FINRA members

  17. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 815 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  18. Section 78b - Necessity for regulation

    15 U.S.C. § 78b   Cited 155 times   2 Legal Analyses
    Listing one of the reasons for the necessity of SEC regulation as "insur[ing] the maintenance of fair and honest markets in [securities] transactions"

  19. Section 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

    8 U.S.C. § 1186b   Cited 60 times   1 Legal Analyses
    In § 1186b(b)(2) and § 1186b(c)(3)(D), the statute allows "[a ]ny alien whose permanent resident status is terminated," to request a review of the termination.

  20. Section 204.6 - Petitions for employment creation immigrants

    8 C.F.R. § 204.6   Cited 138 times   7 Legal Analyses
    Regulating the “required amounts of capital”

  21. Section 216.6 - Petition by investor to remove conditional basis of lawful permanent resident status

    8 C.F.R. § 216.6   Cited 38 times
    In 8 C.F.R. § 216.6(d), examples of the appropriate documentation include tax returns, to show that the enterprise was in fact established; an audited financial statement, to show that the alien had actually invested; and bank statements, invoices, receipts, contracts, business licenses, and payroll records to show that the petitioner had sustained the actions throughout the two year conditional residence period.