News & Analysis as of September 18, 2024

Securities Litigation

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance

Cadwalader, Wickersham & Taft LLP on 7/15/2021

The Third Circuit extended American Pipe tolling to the period before a decision on class-certification, opening a new avenue for potential class members to assert otherwise untimely individual securities claims. The Ninth...more

Federal Securities Litigation and Regulation: A Periodic Review and Predictions for the Remainder of 2019

Cadwalader, Wickersham & Taft LLP on 5/13/2019

While the past year, or even eighteen months, was short on landmark federal securities law decisions, there was significant activity on the part of private securities litigants. In 2018, plaintiffs filed 403 new federal...more

U.S. District Court Holds that Certain Claims by Opt-Out Plaintiffs Are Barred by the Statute of Repose

Mintz - Securities Litigation Viewpoints on 10/10/2018

In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act’s statute of...more

Exchange Act Claim Survives Because Sarbanes-Oxley's Two Year Statute Of Limitations Extended The Time For Plaintiffs To Initiate...

A&O Shearman on 9/25/2018

On September 14, 2018, United States District Court Judge Michael Shipp of the District of New Jersey declined to dismiss as untimely plaintiffs’ claim against a major pharmaceutical company (the “Company”) and certain of its...more

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 7/3/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Securities Class Action Filings Reach Record High

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

As expected, securities class action filings reached a high-water mark in 2017. In fact, last year’s total of 400-plus filings was the second-highest on record, topped only by 2001, when the number was skewed by more than 300...more

2017 Year in Review: Securities Litigation and Regulation

Cadwalader, Wickersham & Taft LLP on 1/8/2018

The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and...more

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

Skadden, Arps, Slate, Meagher & Flom LLP on 11/30/2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August 2017 and October 2017....more

Supreme Court Decision Imposes Strict Filing Deadline on Civil Actions Related to Securities Offerings

Eversheds Sutherland (US) LLP on 8/25/2017

On June 26, 2017, the United States Supreme Court issued its opinion on California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373, ruling that actions involving securities offerings and sales are...more

SCOTUS Upholds Strict Statute of Repose on Federal Section 11 Securities Claims

Perkins Coie on 7/11/2017

In a 5-4 decision in California Public Employees’ Retirement System (CalPERS) v. ANZ Securities, Inc., et al. (No. 16-373), 582 U.S. ___ (2017), the U.S. Supreme Court upheld, at the end of last month, a U.S. Court of Appeals...more

Tolling Securities Claims: “In No Event” Means ... What It Says

Latham & Watkins LLP on 7/11/2017

US Supreme Court: Securities Act’s 3-year statute of repose is not subject to equitable tolling, providing greater certainty to underwriters. Key Points: ..Case has significant implications for financial Institutions...more

U.S. Supreme Court Rejects Application Of American Pipe Tolling To Statutes Of Repose

Kilpatrick on 7/7/2017

Takeaway: In California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373, 2017 WL 2722415 (U.S. June 26, 2017), the Supreme Court issued its closely-watched decision regarding whether the filing of a...more

Supreme Court Intensifies Timing Pressure on Federal Securities Claimants

Benesch on 7/3/2017

It is not uncommon for unnamed class members to opt out of the class when securities class actions veer toward settlement. They might deem the proposed settlement inadequate, and would prefer at that point to go it alone,...more

The Supreme Court Holds Statute of Repose Cannot Be Equitably Tolled

Akin Gump Strauss Hauer & Feld LLP on 7/1/2017

Securities defendants can rest easier after the Supreme Court’s decision to strictly construe certain statutory time limits under the Securities Act of 1933. On June 26, 2017, the Court issued its opinion in California Public...more

Supreme Court Upholds Strict Time Limit in Federal Securities Class Actions

Kramer Levin Naftalis & Frankel LLP on 6/30/2017

On June 26, 2017, the Supreme Court issued a 5-4 decision in California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. (“CalPERS”) (No. 16–373, 2017 WL 2722415) (U.S. June 26, 2017), holding that the...more

US Supreme Court Holds that 3-Year Time Limit to Challenge Registration Statements Cannot Be Tolled, Precluding Opt-Out Plaintiffs...

Dechert LLP on 6/28/2017

Officers, directors, and underwriters frequently become targets of securities fraud litigation after a public offering. In a landmark case decided yesterday, the U.S. Supreme Court provides defendants with another tool to...more

SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS...

Carlton Fields on 6/28/2017

We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times, most recently following the Ninth Circuit’s Resh decision last month. Under American Pipe,...more

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Statute of Limitations › Class Action › Securities Litigation

Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance

Federal Securities Litigation and Regulation: A Periodic Review and Predictions for the Remainder of 2019

U.S. District Court Holds that Certain Claims by Opt-Out Plaintiffs Are Barred by the Statute of Repose

Exchange Act Claim Survives Because Sarbanes-Oxley's Two Year Statute Of Limitations Extended The Time For Plaintiffs To Initiate...

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

2017-18 Supreme Court Update

Securities Class Action Filings Reach Record High

2017 Year in Review: Securities Litigation and Regulation

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

Supreme Court Decision Imposes Strict Filing Deadline on Civil Actions Related to Securities Offerings

SCOTUS Upholds Strict Statute of Repose on Federal Section 11 Securities Claims

Tolling Securities Claims: “In No Event” Means ... What It Says

U.S. Supreme Court Rejects Application Of American Pipe Tolling To Statutes Of Repose

Supreme Court Intensifies Timing Pressure on Federal Securities Claimants

The Supreme Court Holds Statute of Repose Cannot Be Equitably Tolled

Supreme Court Upholds Strict Time Limit in Federal Securities Class Actions

US Supreme Court Holds that 3-Year Time Limit to Challenge Registration Statements Cannot Be Tolled, Precluding Opt-Out Plaintiffs...

SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS...

Supreme Court Holds That Securities-Law Statutes of Repose Are Not Subject to Class-Action Tolling

U.S. Supreme Court Holds that the Filing of a Class Action Does Not Toll the Securities Act’s Statute of Repose

Supreme Court Holds That Securities-Law Statutes of Repose Are Not Subject to Class-Action Tolling

Supreme Court Rejects Tolling Argument for Nonnamed Class Members’ Section 11 Claims

Update: Briefs Filed in CalPERS v. ANZ Securities

"Inside the Courts: An Update from Skadden Securities Litigators - February 2017 / Volume 9 / Issue 1"

"Near-Record Securities Litigation Filings Show No Signs of Slowing"

Statute of Limitations › Class Action › Securities Litigation

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