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1933 Act Section 13 -- Limitation of Actions

 

Securities Act of 1933

 


Section 13 -- Limitation of Actions

 


 

No action shall be maintained to enforce any liability created under section 11 or 12(a)(2) unless brought within one year after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence, or, if the action is to enforce a liability created under section 12(a)(1), unless brought within one year after the violation upon which it is based. In no event shall any such action be brought to enforce a liability created under section 11 or 12(a)(1) more than three years after the security was bona fide offered to the public, or under section 12(a)(2) more than three years after the sale.

Class action filed against AT&T for allegedly acting as NSA's agent in domestic spying. See the Amended Complaint.

Sony Agrees To Stop Putting Unwanted DRM Software on music CD's. We are pleased to report that in working with the Electronic Frontier Foundation ("EFF"), Sony/BMG has agreed to settle a class action over the placement of digital rights management software on it's music CD's by stopping the practice, repalcing the CD's and compensating those who purchased the CD's. The EFF has a help page and resources concerning the settlement. Claim Forms are due by December 31, 2006. If you would like to submit a Claim Form online, please click here. If you have played a CD on your computer that contains either XCP or MediaMax 5.0 content protection software, you shouldupdate or uninstall the software to reduce your risk of security vulnerabilities.

Los Angeles court rules AT&T arbitration clause is not a part of the contract with consumers. The trial on whether the coverage maps of AT&T Wireless (now Cingular) are deceptive has been delayed as defendants now are seeking to compel arbitration after 7 years of litigation.

Bait and Switch Complaint filed against Dell  To view the complaint filed in federal court seeking nationwide class action status for bait and switch tactics click here.

Illegal Advertising of Internet Gambling Suit filed against Search Engines  To view the complaint filed in state court seeking to stop sponsored ads of internet gambling to be displayed by Google, Yahoo and other search engines click here.

Proposals to Revise ND Cal Local Rules. Changes being discussed for handling securities fraud class actions. Click here to view.

Today's Securities Surprises

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