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Darn Your Sox: Exploring Retroactive Application Of Extended Statutes Of Limitation And Repose In Securities Fraud Litigation, Sarah J. Greenberg
Darn Your Sox: Exploring Retroactive Application Of Extended Statutes Of Limitation And Repose In Securities Fraud Litigation, Sarah J. Greenberg
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Unintended and unanticipated consequences of the 2002 enactment of Sarbanes Oxley are only recently making themselves known. One of these consequences includes differing interpretations of the section of Act which extends the statute of limitations for Sec. 10(b) securities fraud actions. The remedial nature and plain language of the Act call for retroactive application of the extended limitations period to revive previously time barred claims. The SEC has argued vigorously for such an interpretation, but, unfortunately, the majority of circuit courts analyzing the matter oppose this interpretation.
In my piece, Darn Your SOX: Exploring Retroactive Application of Extended Statutes of …