The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Tag Archives: statute of repose

Supreme Court to Decide Securities Act Statute of Repose Issue in IndyMac MBS Case

Posted in Securities Litigation
The U.S. Supreme Court has added yet another lawsuit to its growing list of securities law cases by agreeing to take up the IndyMac MBS securities suit, to consider whether the filing of a class action lawsuit tolls the statute of repose under the Securities Act (by operation of so-called “American Pipe” tolling) or whether … Continue Reading

Guest Post: Second Circuit Holds that American Pipe Tolling Does Not Apply to the Securities Act’s Statute of Repose

Posted in Securities Litigation
An important recurring issue is the questions whether the prior filing of a securities class action lawsuit tolls the applicable statute of repose under the federal securities laws. In an important June 27, 2013, the Second Circuit issued an important decision on this question, holding that the tolling doctrine does not apply to three-year statue … Continue Reading

BP Deepwater Horizon Derivative Suit Dismissed in Favor of English Forum

Posted in Shareholders Derivative Litigation
A wave of litigation followed in the wake of the April 2010 Deepwater Horizon oil spill. Among this litigation were several shareholder derivative suits filed against certain directors and officers of BP and of its U.S. subsidiary. At the time these cases first arose, I asked whether or not these suits involving (and ultimately for the … Continue Reading