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Law360: Resurrecting Time-Barred Crypto Claims Is An Uphill Struggle

May 6, 2020

O’Melveny partners Eric Sibbitt, Will Pao, and David Kirman, and counsel Meg Lippincott co-authored this Law360 article about the challenges time-barred cryptocurrency claims might face.

“In nearly a dozen early-April cryptocurrency-related actions filed in the US District Court for the Southern District of New York, plaintiffs advanced an untested theory that they hope will allow them to pursue otherwise time-barred claims: that US Securities and Exchange Commission guidance issued last year effectively extends the statute of limitations for their claims,” the authors wrote. “While the plaintiffs’ theory faces substantial hurdles, it threatens to open the door to other plaintiffs making similar claims to extend the applicable statutes of limitations against other digital asset projects and trading platforms.”

Law360 subscribers can read the full article here.