Richard W. Clary , Cravath, Swaine & Moore LLP, New York, NY, for Defendant-Appellee Credit Suisse Securities (USA) LLC.
Thomas C. Rice , Andrew T. Frankel , Simpson Thacher & Bartlett LLP, New York, NY, for Defendants-Appellees Deutsche Bank Securities Inc. and RBS Securities Inc.
Marc T.G. Dworsky , Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendant-Appellee Wells Fargo Asset Securities Corporation.
Michael O. Ware , Mayer Brown LLP, New York, NY, for Defendant-Appellee HSBC Securities (USA) Inc.
Michael J. Dell , Kramer Levin Naftalis & Frankel LLP, New York, NY, Ira D. Hammerman , Kevin Carroll , Securities Industry and Financial Markets Association, Washington, DC, Thomas Pinder , American Bankers Association, Washington, DC, for Amici Curiae Securities Industry and Financial Markets Association, The American Bankers Association, and The Clearing House LLC in Support of Appellees and Affirmance.
William M. Jay , Goodwin Procter LLP, Washington, DC, Joshua M. Daniels , Goodwin Procter LLP, Boston, MA, for Amicus Curiae The Business Roundtable in Support of Defendants-Appellees.
Judge PARKER dissents in a separate opinion.
GERARD E. LYNCH, Circuit Judge:
Plaintiff-Appellant Federal Deposit Insurance Corporation ("FDIC") brought this action under the Securities Act of 1933 as receiver for Colonial Bank ("Colonial"). Because the complaint was filed less than three years after the FDIC was appointed receiver, it was timely under the terms of
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