Legal Opinion

Jalbert v. Sec. & Exch. Comm'n

District Court, District of Columbia

Decided August 22, 2018No. Civil Action No. 17-12103-FDSPublishedCited by 1 opinion

1Opinion of the Court

I. Background

A. Factual Background

The facts are set forth as described in the complaint, attached exhibits, and public record.

1. F-Squared's Securities Violations

F-Squared Investments, Inc. was a Wellesley-based investment adviser. (Compl. Ex. A ¶ 5). It was founded by Howard Present in 2006. (Id. ¶ 6). It launched its first "AlphaSector" index in October 2008. (Id. ¶ 5). The "AlphaSector" investment strategy was an exchange-traded fund ("ETF") sector rotation strategy. (Id. ¶ 1).1 F-Squared would apply ETF trend data to determine whether a particular ETF was in or out of the AlphaSector…

2Cases cited32 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  5. Freytag v. CommissionerSupreme Court of the United States · 1991

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3Cited by1 opinion

  1. Jalbert v. SECCourt of Appeals for the First Circuit · 2019

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