15 U.S.C. § 770

Appointments

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar
(a) Interim funds

Funds available to any department or agency (or any official or component thereof), and lawfully authorized for any of the specific functions which are transferred to the Administrator by this chapter, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this chapter until such times as funds for that purpose are otherwise available.

(b) Interim appointments

In the event that any officer required by this chapter to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this chapter, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this chapter, or any officer who was performing essentially the same functions immediately prior to the effective date of this chapter to act in such office until the office is filled as provided in this chapter: Provided, That any officer acting pursuant to the provisions of this subsection may act no longer than a period of thirty days unless during such period his appointment as such an officer is submitted to the Senate for its advice and consent.

(c) Nontemporary personnel; transferee rights for one year

Transfer of nontemporary personnel pursuant to this chapter shall not cause any such employee to be separated or reduced in grade or compensation, except for cause, for one year after such transfer.

(d) Compensation of new position at not less than provided for in Executive Schedule for previous position in cases of appointees without break in service

Any person who, on the effective date of this chapter, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, and who, without a break in service, is appointed in the Administration to a position having duties comparable to those performed immediately preceding his appointment, shall continue to be compensated in his new position at not less than the rate provided for his previous position.

(Pub. L. 93–275, § 11, May 7, 1974, 88 Stat. 105.)Statutory Notes and Related SubsidiariesTransfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 29 cases (9 in the last 5 years), 1980–2025 · leading case: Carmack v. Amaya Inc., 258 F. Supp. 3d 454 (D.N.J. 2017).
Carmack v. Amaya Inc., 258 F. Supp. 3d 454 (D.N.J. 2017). · cites it 2× “Finally, Count IV asserts violations of Section 15 of the Securities Act, 15 U.S.C. § 770 , by the individual Defendants as.”
In Re Enron Corp. Sec., Derivative & ERISA Lit., 235 F. Supp. 2d 549 (S.D. Tex. 2002). “§§ 78j(b), 78t(a); 15 U.S.C. § 770 ; ABC Arbitrage, 291 F.3d at 348 n.”
Fed. Sec. L. Rep. P 90,450 Steven G. Cooperman v. Individual Inc., 171 F.3d 43 (1st Cir. 1999). “Because the omission of the Board-level conflict did not render either section misleading, we agree with the district court that § 11 did not impose on defendants a duty of disclosure. 6. Section 15 Section 15 of the 1933 Act establishes joint and several liability for…”
Miller v. Thane Int'l, Inc., 519 F.3d 879 (9th Cir. 2008). “§ 772 (a)(2) and under Section 15 of the Act, 15 U.S.C. § 770 , alleging control person liability against individual defendants.”
In re HealthSouth Corp. Sec. Litig., 213 F.R.D. 447 (N.D. Ala. 2003). “2d 668 (1976) (quoting 15 U.S.C. § 770 ). The plaintiffs assert that all of the claims of all class members arise out of the defendants’ common scheme of false statements or omissions to hide the effect of the BBA on HealthSouth’s financial condition.”
Stewart v. Est. of Steiner, 93 P.3d 919 (Wash. Ct. App. 2004). “" 15 U.S.C. § 770 (1982). The analogous provision under the WSSA, RCW 21.”
In Re Dynegy, Inc. Sec. Litig., 339 F. Supp. 2d 804 (S.D. Tex. 2004). “Defendants' Motions to Dismiss § 15 Claims Lead Plaintiff's 1933 Act claims for violations of § 15, 15 U.S.C. § 770 , arise from the Companies' (DI and DHI) issuance of false financial statements and other untrue statements about their operating performance that were…”
Zucker v. Quasha, 891 F. Supp. 1010 (D.N.J. 1995). “15 U.S.C. § 770 . Plaintiff alleges that Quasha, as Chairman of the Board of Directors of HDI, was a controlling person responsible for the alleged violations contained in the Registration Statement and Prospectus.”
Robertson v. White, 635 F. Supp. 851 (W.D. Ark. 1986). “In Draft, *866 Uniform Securities Act, § 410(b), Official Comment, the Conference of Commissioners noted: The defense of lack of knowledge is modeled on § 15 of the Securities Act of 1933, 15 U.S.C. § 770 , and § 20(a) of the Securities Exchange Act of 1934, 15 U.”
Westlake v. Abrams, 504 F. Supp. 337 (N.D. Ga. 1980). “*348 Many of these decisions impose liability on the basis of the “control” provision of § 15, 15 U.S.C. § 770 , but other courts have simply extended the language of § 12 itself to include aiders, abettors, and controlling persons as sellers.”
Sw. Inv. I v. Midland Energy Co., 596 F. Supp. 219 (E.D. Mo. 1984). “Counts I and II allege that defendants' conduct violated § 10(b) of the Securities Exchange Act of 1934, 15 U.”
Env't Dynamics, Inc. v. Robert Tyer & Assocs., Inc., 929 F. Supp. 1212 (N.D. Iowa 1996). “However, the "alter ego" liability of the president for the judgment against the corporation was not established on the basis of a finding of "privity”; instead, the president was found liable as a "control person" of the corporation under the 1933 Securities and Exchange Act,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.