In the recent decision of Seiden v. Kaneko, C.A. No. 9861-VCN (Del. Ch. Nov. 3, 2015), the Court explained what claims a received can make against former D&Os when those claims are barred by the doctrine of laches, along with providing a discussion of when claims may be equitably tolled. According to the Court,
"While no evidence of actual concealment of wrongdoing is necessary, "the statute is only tolled until the investor 'knew or had reason to know of the facts constituting the wrong.'" Though the Complaint need not plead equitable tolling as such, it must, at a minimum, "plead facts that support the existence of equitable tolling."
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