This page provides links to some of the legal briefs the Commission's staff submitted in various court actions. See also:
SEC Appellate Court Briefs |
| Date |
Case |
| Sep. 2010 |
SEC v. Sierra: Opposition brief supporting summary judgment against Aaron Tsai for violating the registration requirements under Section 5 and the shareholder reporting requirements under Section 13(d) and Section 16(a), where Tsai converted a privately-held shell company into a publicly-held company without registration.
|
| Apr. 2010 |
SEC v. Cuban (Reply): Reply brief on appeal argues that, as a federal question not controlled by state law, agreeing to keep material, nonpublic information confidential gives rise to a duty of disclosure before using the information for personal benefit in trading, and that a fiduciary relationship between the trader and his source is not required. Brief also argues that Commission Rule 10b5-2(b)(1) is a valid interpretation of the deception requirement of Section 10(b) of the Exchange Act and applies to business relationships.
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| Jan. 2010 |
SEC v. Cuban: Appeal challenging grant of a motion to dismiss the complaint argues that agreeing to maintain material, nonpublic information in confidence and then making undisclosed securities trades on the information is a "deceptive device or contrivance" within the meaning of Section 10(b) of the Exchange Act.
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| Apr. 2009 |
SEC v. American Equity Investment Life Ins.: Petition for review challenging rulemaking that defines certain indexed annuities as ineligible for the "annuity contract" exemption in Section 3(a)(8) of the Securities Act of 1933. |
| Aug. 2008 |
SEC v. Dorozhko (Reply): Reply brief on appeal argues that a breach of fiduciary or similar duty is not an element of every claim brought under Section 10(b) of the Exchange Act. |
| May 2008 |
SEC v. Dorozhko: Appeal challenging denial of preliminary injunction argues that hacking into a secure computer system in order to obtain material nonpublic information immediately used to trade in securities is a "deceptive device or contrivance" within the meaning of Section 10(b) of the Exchange Act |
| Jun. 2006 |
SEC v. Rocklage: Appeal challenging denial of motion to dismiss a complaint alleging insider trading |
| Jun. 2006 |
Financial Planning Association v. Securities and Exchange Commission: Petition for Review challenging rulemaking relating to certain broker-dealers deemed not to be investment advisers under the Investment Advisers Act of 1940 |
| May 2005 |
Goldstein v. Securities and Exchange Commission: Petition for Review challenging rulemaking relating to registration under the Advisers Act of 1940 of certain hedge fund advisers |
| Jan. 2005 |
Chamber of Commerce of the United States of America v. Securities and Exchange Commission: Petition for Review challenging amendments to exemptive rules permitting certain transactions under the Investment Company Act of 1940 |
| May 2004 |
Securities and Exchange Commission v. ETS Payphones, Inc.:
Supplemental brief filed after Supreme Court remand argues that “common enterprise” is not a distinct element of an “investment contract,” but that the latter term encompasses any investment in which the promoter or a third party, not the investor, manages and controls the enterprise through which the investor has been led to expect to receive a financial return. |
