40 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,991 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,978 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Parklane Hosiery Co. v. Shore
439 U.S. 322 (1979) Cited 4,248 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Montana v. United States
440 U.S. 147 (1979) Cited 3,600 times 3 Legal Analyses
Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
United States v. O'Hagan
521 U.S. 642 (1997) Cited 492 times 65 Legal Analyses
Holding that under § 14(e), the SEC may prohibit "acts not themselves fraudulent under the common law or § 10(b), if the prohibition is reasonably designed to prevent acts and practices that are fraudulent" (internal quotation marks and alteration omitted)
Securities & Exchange Commission v. First Jersey Securities, Inc.
101 F.3d 1450 (2d Cir. 1996) Cited 1,234 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
Jean Alexander Cosmetics, Inc. v. L'Oreal USA, Inc.
458 F.3d 244 (3d Cir. 2006) Cited 309 times 2 Legal Analyses
Holding that when a decision rests on multiple grounds, each ground is necessary to the judgment
Emich Motors v. General Motors
340 U.S. 558 (1951) Cited 450 times
Holding that "plaintiffs are entitled to introduce the prior judgment to establish prima facie all matters of fact and law necessarily decided by the conviction and the verdict on which it was based"
Sec. & Exch. Comm'n v. Contorinis
743 F.3d 296 (2d Cir. 2014) Cited 130 times 8 Legal Analyses
Holding that a defendant could be forced to disgorge not only what he "personally enjoyed from his exploitation of inside information, but also the profits of such exploitation that he channeled to friends, family, or clients"
U.S. v. Chestman
947 F.2d 551 (2d Cir. 1991) Cited 206 times 4 Legal Analyses
Holding that a knowing breach of fiduciary duty may constitute a fraudulent scheme for purposes of the federal mail fraud statutes
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,836 times 658 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 2 - Principals
18 U.S.C. § 2 Cited 23,913 times 57 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,561 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,522 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,532 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
Section 1961 - Interest
28 U.S.C. § 1961 Cited 11,484 times 25 Legal Analyses
Holding that § 6621 applies to internal revenue tax cases
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,125 times 12 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Section 77q - Fraudulent interstate transactions
15 U.S.C. § 77q Cited 3,311 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 78n - Proxies
15 U.S.C. § 78n Cited 1,628 times 19 Legal Analyses
Incorporating § 78m(d) by reference
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,221 times 134 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"
Section 240.14e-3 - Transactions in securities on the basis of material, nonpublic information in the context of tender offers
17 C.F.R. § 240.14e-3 Cited 95 times
Prohibiting purchase or sale of securities by anyone who has nonpublic, material information about a tender offer if anyone has commenced or taken substantial steps toward the making of a tender offer

United States Securities And Exchange Commission v. Eydelman et al

40 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 that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

Holding that under § 14(e), the SEC may prohibit "acts not themselves fraudulent under the common law or § 10(b), if the prohibition is reasonably designed to prevent acts and practices that are fraudulent" (internal quotation marks and alteration omitted)

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

Holding that when a decision rests on multiple grounds, each ground is necessary to the judgment

Holding that "plaintiffs are entitled to introduce the prior judgment to establish prima facie all matters of fact and law necessarily decided by the conviction and the verdict on which it was based"

Holding that a defendant could be forced to disgorge not only what he "personally enjoyed from his exploitation of inside information, but also the profits of such exploitation that he channeled to friends, family, or clients"

Holding that a knowing breach of fiduciary duty may constitute a fraudulent scheme for purposes of the federal mail fraud statutes

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

Adopting Fed.R.Civ.P. 37

Holding aiders and abettors punishable as principals under federal criminal law

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Requiring proof of an "act to effect the object of the conspiracy"

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Holding that § 6621 applies to internal revenue tax cases

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

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

Incorporating § 78m(d) by reference

Holding liable any person who "make any untrue statement of material fact"

Prohibiting purchase or sale of securities by anyone who has nonpublic, material information about a tender offer if anyone has commenced or taken substantial steps toward the making of a tender offer