Recent Posts

Supreme Court Rejects SEC Effort to Extend Statute of Limitations
Posted on 28 Feb 2013 by Thomas O. Gorman

The Supreme Court rejected the SEC's effort to extend the five year statute of limitations for imposing a civil penalty by engrafting a discovery exception onto the statute. Chief Justice Roberts, writing for a unanimous Court, held that under... Read More

Supreme Court Fails to Decide Limitation Period for Section 16(b) Claims
Posted on 28 Mar 2012 by Thomas O. Gorman

The Supreme Court rejected the approaches of two Circuit Courts to tolling the limitation period for bringing an Exchange Act Section 16(b) claim while failing to decide if that period can be tolled. The High Court rejected the conclusion of the Ninth... Read More

Duane Morris Alert: Two-Year Statute of Limitations for Federal Securities Fraud Claims Begins to Run When a Reasonably Diligent Plaintiff Would Have Discovered the Violations
Posted on 4 Jan 2012 by Duane Morris LLP

In Strategic Diversity, Inc. v. Alchemix Corp. , an opinion marked for publication, the United States Court of Appeals for the Ninth Circuit held that for federal securities fraud claims, the statute of limitations begins to run when a reasonably diligent... Read More

Merck: The Statute of Limitations in Securities Fraud Damage Suits
Posted on 29 Apr 2010 by Thomas O. Gorman

In a result joined by all of the justices, the Supreme Court affirmed the decision of the Third Circuit, concluding that plaintiffs' had timely filed a securities fraud suit against Merck & Co. Merck & Co. v. Reynolds , Case No. 08-905... Read More

Time Limits on SEC Enforcement Actions: The Supreme Court Ruling in Gabelli v. SEC
Posted on 14 May 2013 by Thomas O. Gorman

Excerpt: The Supreme Court rejected the efforts of the Securities and Exchange Commission ("SEC") effort to extend the five-year statute of limitations for imposing a civil penalty by engrafting a discovery exception onto the statute.... Read More

Supreme Court Rejects 9th Circuit Rule on Tolling for Short-Swing Trading Claims
Posted on 31 Jul 2012 by Perkins Coie

by Joseph E. Bringman and Ronald Berenstain Perkins Coie experts on Credit Suisse Securities v. Simmonds: U.S. Supreme Court unanimously rejects the 9th Circuit's 30-year-old rule that tolls the statute of limitations for short-swing profit... Read More

The New Term: The Supreme Court Faces Conflicting Currents In Securities Litigation
Posted on 4 Oct 2012 by Thomas O. Gorman

The first Monday in October is the opening day of the new Supreme Court term. In recent years the Court has heard a number of securities cases, considering issues regarding class certification in Erica P. John Fund v. Halliburton, 131 S. Ct. 2179 (2011... Read More

Alex Bahn Discusses the U.S. Supreme Court's Decision in Credit Suisse Securities (USA) LLC v. Simmonds
Posted on 6 Apr 2012 by Corporate and Securities Law Community Staff

On this edition, Alex Bahn of Hogan Lovells discusses the Supreme Court's decision in Credit Suisse Securities (USA) LLC v. Simmonds, in which the Court addressed the scope of the statute of limitations under Section 16(b) of the Securities Exchange... Read More