Advertising Disclosure Email Disclosure

Statute of limitations in securities cases.

January 15, 2016
Klopfenstein v. Deutshce Bank Securities, Inc., No 14-12611 (11th Cir. 11/20/14)

The 11th Circuit Court of Appeals found that an IRS notice advising an investor in a tax shelter that the investment lacked economic substance puts the investor on sufficient notice of fraud so that, if the investor does not exercise reasonable diligence to discover his causes of action, he cannot thereafter toll the limitations period with respect to his action arising therefrom.

A limitations period is only tolled if the plaintiff cannot discover the fraud through reasonable diligence or if the defendants engage in actual fraud that deters or debars him from bringing suit.

Case Law Alerts, 1st Quarter, January 2016

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Samuel E. Cohen
Shareholder
(215) 575-2587
secohen@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."