Prescription Issues Limit Louisiana Investor’s Claims Against Broker-Dealer: Patin v. Aegis Capital Corp.
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By Jack D. Ballard

*When a brokerage account loses half of its value, the account holder is put on notice of the need to investigate the reason for the loss.

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Court Imposes Time Limits on SEC “Obey the Law” Injunction and a Bar Against: SEC v. Gentile
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By David C. Franceski, Jr.

SEC enforcement actions seeking only “obey the law” injunctive relief and similar prospective business conduct bars that serve no retributive or remedial purpose are penal in nature and subject to the five-year statute of limitation of 28 U.S.C.

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Dismissal Denied, Despite Defective Declarations That Doom Derivative Claims: Wert v. Cohn
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By James L. Komie

Plaintiffs asserting derivative claims on behalf of a corporation do not satisfy FRCP 23.1 by submitting a verification that they are currently shareholders,

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Court Refuses to Review Arbitrators’ Eligibility and Statute of Limitations Rulings: Huitt v. Wilbanks Securities, Inc.
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By Ben Suter

*An arbitration panel’s decision to deny a continuance is not grounds to vacate an Award so long as there is a reasonable basis for that decision.

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SCOTUS Stamps SEC Disgorgement With a “Sue By” Date: Kokesh v. SEC
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By Ben Suter

Because SEC disgorgement functions as a penalty within the meaning of 28 U.S.C. § 2462, any claim for disgorgement in a SEC enforcement action must be commenced within five years of the date that the claim accrued.

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Discrimination Claim Under ADA and ADEA Proves a Bad Bet: Gamble v. JP Morgan
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By Christopher G. Lazarini

A plaintiff who is not medically released to return to work in any capacity and who cannot perform essential job functions is not a “qualified” person and cannot establish a prima facie case of discrimination under the Americans with Disabilities Act or the Age Discrimination in Employment Act.

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