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SECURITIES LAW (access required)

Published: March 26, 2012

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The two-year statute of limitations period under §16(b) of the Securities Exchange Act begins to run when the plaintiff becomes aware of the facts underlying the claim, not upon an insider’s filing of a disclosure statement required by the Act.

See “Justices rule on statute of limitations for securities suits.”

U.S. Supreme Court. Credit Suisse Securities LLC v. Simmonds, No. 10-1261. March 26, 2012. Lawyers USA No. 993-3666.

SECURITIES REGULATION (access required)

By: Kimberly Atkins
Published: June 28, 2010

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A portion of the Sarbanes-Oxley Act violates the Constitution’s Appointments Clause because it limits the president’s ability to remove members of the Public Company Accounting Oversight Board.

U.S. Supreme Court. Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861.  June 28, 2010. Lawyers USA No. 993-2056.

Bill would allow investor “scheme liability” civil suits (access required)

By: Kimberly Atkins
Published: August 5, 2009

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WASHINGTON – Sen. Arlen Specter, D-Pa., has introduced legislation that would allow civil suits to broaden the number of actors that may be sued for securities law violations.

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