Investor Arbitration Information is No Longer Being Maintained

As of September 1, 2008, Vincent DiCarlo, who maintained this site, is no longer engaged in the private practice of law. His former law office website is at.

This site is no longer maintained, may no longer be accurate,and is provided for historical purposes. See disclaimer below.

Time Limits for Making Claims

Because the facts in a typical broker case may give rise to several claims, the analysis of time limits to bring a claim can be complex. Claims for securities fraud under Rule 10b-5 of the Securities Act of 1933 must be brought within one year of the time that the fraud should have been discovered, or within three years of the occurrence, whichever is shorter. Claims for common law fraud must be brought within three years of discovery. Claims for breach of fiduciary duty must be brought within four years of discovery, and so on.

Moreover, statutes of limitations for state securities fraud, common law fraud, breach of contract, and negligence may also be subject to discovery, delayed accrual, or tolling rules that can substantially extend an investor's time to bring a claim. Under such rules, claims can sometimes be successfully brought a decade or more after the first wrongful act occurred.

In addition to the time limits imposed under each claim, the Code of Arbitration Procedures of the NASD provide that claims submitted more than six years after their occurrence are not eligible for arbitration.

The thing for an investor to remember about delay is that, while no amount of delay is safe, he should never conclude that his claims have become time-barred without first getting the advice of a qualified lawyer.

DISCLAIMER: Vincent DiCarlo, who authored and maintained this site, has entered government service and, as of September 1, 2008, is no longer engaged in the private practice of law. Therefore, this site is no longer being maintained, may not be accurate, and should not be relied upon. It is not now and was not ever intended as legal advice. It is being provided for historical purposes, and for the benefit of those lawyers who are capable of independently verifying the information and judging the opinions in it, and then reaching their own conclusions. You are strongly advised to consult qualified legal counsel before adopting any of the ideas or suggestions in this material, which may or may not be applicable in your jurisdiction or to your specific situation, and may no longer be accurate or prudent in any case. The opinions and statements at this site were solely those of the author. They were not and are not those of, nor were they nor are they made on behalf of, any agency of government or anyone else.

Copyright Â© 1998-2008 Vincent DiCarlo