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Sarbanes-Oxley Can't Revive Dead Claims

The Legal Intelligencer

September 1, 2004

Although the Sarbanes-Oxley Act established more generous time limits for filing securities claims, a federal judge has ruled the law cannot be used to revive claims for which the previous, shorter time limits had already expired. Since the text of Sarbanes-Oxley is ambiguous, Judge Anita B. Brody in Pennsylvania found that she was forced to apply the presumption, announced by the U.S. Supreme Court in its Landgraf decision, that the new time limits cannot be applied retroactively.

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