On March 28, 2025, the U.S. District Court for the Southern District of New York (SDNY) held that it was legal under the Investment Company Act of 1940 (1940 Act) for a closed-end fund to use a shareholder rights plan...more
4/1/2025
/ Board of Directors ,
Corporate Governance ,
Hedge Funds ,
Investment Company Act of 1940 ,
Investment Funds ,
Investment Management ,
Poison Pill ,
Securities Litigation ,
Securities Regulation ,
Shareholder Activism ,
Shareholder Rights
Closed-End Fund Activism Update -
Activist investors continue to take large positions in closed-end funds and engage in disruptive activity that may be harmful to long-term shareholders of retail closed-end funds. This...more
8/8/2023
/ Board of Directors ,
Broker-Dealer ,
Closed-End Funds ,
Compliance ,
Corporate Governance ,
Cryptoassets ,
Disclosure Requirements ,
Enforcement Actions ,
Investment Adviser ,
Libor ,
Liquidity Risk Management Rule ,
Marketing ,
Regulation Best Interest ,
Regulatory Agenda ,
Required Forms ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism
In an opinion unsealed on July 3, 2019, Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York granted summary judgment to a mutual fund adviser and dismissed an excessive fee claim brought...more
7/15/2019
/ Arms Length Transactions ,
Board of Directors ,
Dismissals ,
Excessive Fees ,
Financial Adviser ,
Investment Adviser ,
Investment Company Act of 1940 ,
Mutual Funds ,
Retail Investors ,
Section 36(b) ,
Summary Judgment
With the first-filed cases at or near completion, the results are not looking good for the plaintiffs in the latest wave of mutual fund fee litigation. Defendants prevailed after trial in one of those cases and achieved...more