§Why CasetextPricing

Securities and Exchange Commission v. JSG Capital Investments, LLC et al

Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why A Preliminary Injunction Should Not Be Granted

55 Cited authorities

  1. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,355 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  2. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,488 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  3. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 568 times   104 Legal Analyses
    Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

  4. Hicks v. Feiock

    485 U.S. 624 (1988)   Cited 1,106 times   2 Legal Analyses
    Holding that federal courts "are not at liberty to depart" from state court decisions recognizing elements of an affirmative defense or "to apply a different rule however desirable it may believe it to be"

  5. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 522 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

  6. Aaron v. Securities & Exchange Commission

    446 U.S. 680 (1980)   Cited 781 times   27 Legal Analyses
    Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

  7. Reves v. Ernst Young

    494 U.S. 56 (1990)   Cited 438 times   72 Legal Analyses
    Holding "every note" is presumed to be a security

  8. S.E.C. v. Howey Co.

    328 U.S. 293 (1946)   Cited 1,500 times   370 Legal Analyses
    Holding that agreements whereby investors took part in a citrus venture were "securities" under the Act

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

    375 U.S. 180 (1963)   Cited 661 times   39 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

  10. Johnson v. Couturier

    572 F.3d 1067 (9th Cir. 2009)   Cited 483 times   3 Legal Analyses
    Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration

  11. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,535 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

  12. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,314 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

  13. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,275 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  14. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,416 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act

  15. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,407 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"

  16. Section 77c - Classes of securities under this subchapter

    15 U.S.C. § 77c   Cited 388 times   2 Legal Analyses
    Exempting state-issued securities from federal securities laws

  17. Section 80b-2 - Definitions

    15 U.S.C. § 80b-2   Cited 219 times   16 Legal Analyses
    Defining investment adviser

  18. Section 80b-9 - Enforcement of subchapter

    15 U.S.C. § 80b-9   Cited 214 times   1 Legal Analyses
    Authorizing the SEC to seek injunctive relief against violations of the Act

  19. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,224 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"