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U.S. Supreme Court to Review Whether Statute of Limitations Applies to SEC Disgorgement Claims
  • Paul Weiss
  • USA
  • January 17 2017

On January 13, 2017, the Supreme Court granted certiorari in Kokesh v. Securities and Exchange Commission (U.S. Jan. 13, 2017) (No. 16-529) to


Second Circuit Expands the IndyMac Rule
  • Paul Weiss
  • USA
  • July 22 2016

In two recent federal securities fraud actions stemming from the 2008 financial crisis, the Second Circuit has affirmed that statutes of


Eleventh Circuit Applies Five-Year Statute of Limitations to Claims for Disgorgement and Declaratory Relief, Creating a Circuit Split
  • Paul Weiss
  • USA
  • May 31 2016

In SEC v. Graham, No. 14-13562 (11th Cir. May 26, 2016), the Eleventh Circuit held that the five-year statute of limitations applicable to SEC


U.S. District Court in New Jersey Rules that the Two-Year Limitations Period for Suits to Recover Short-Swing Profits Under Section 16(b) of the Securities Exchange Act of 1934 Is a Statute of Repose that Is Not Subject to Tolling
  • Paul Weiss
  • USA
  • May 10 2016

Last week, a judge in the United States District Court for the District of New Jersey ruled on an issue that has remained unresolved since the United


New York Court of Appeals holds that claims for breaches of representations and warranties accrue when RMBS contracts are executed
  • Paul Weiss
  • USA
  • June 15 2015

Last Thursday, the New York Court of Appeals issued an important opinion, ACE Securities Corp. v. DB Structured Products, Inc., 2015 WL 3616244 (N.Y


Third Circuit holds that parties to arbitration agreements can compel arbitration of Dodd-Frank whistleblower claims
  • Paul Weiss
  • USA
  • December 16 2014

In Khazin v. TD Ameritrade Holding Corp. the Third Circuit addressed whether parties to a pre-dispute arbitration agreement can compel arbitration of