Appellate Law News and Insights

Fifth Circuit Court Of Appeals Hears Oral Arguments In Industry Groups’ Ongoing Petition To Vacate Private Fund Adviser Rules

Published: Feb 21, 2024
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On 5 February 2024, the US Fifth Circuit Court of Appeals heard oral arguments from the Securities and Exchange Commission (SEC) and industry groups representing private investment fund sponsors, in the industry groups' ongoing petition to vacate the new private fund adviser rules (PFAR) adopted by the SEC on 23 August 2023....

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Colorado Supreme Court Clarifies Accrual Date For Statue Of Limitations In Breach Of Contract Claims

Published: Feb 16, 2024
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On Monday, January 29, 2024, the Colorado Supreme Court issued a decision that clarifies when Colorado's three-year statute of limitations for breach of contract claims starts to run, holding that "a breach of contract claim accrues at the time the breach is, or in the exercise of reasonable diligence should...

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Supreme Court Considers Whether An Item 303 Violation, Standing Alone, Can Support An Exchange Act Claim

Published: Jan 30, 2024
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On January 16, 2024, the Supreme Court of the United States heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, No. 22-1165, a case considering whether a private plaintiff may plead a claim under Section 10(b) of the Securities Exchange Act based on an issuer's failure to disclose a known...

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