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Contract Disputes Investment Funds

Patterson Belknap Webb & Tyler LLP

Justices to Consider Whether Section 47(b) of the Investment Company Act Creates a Federal Cause of Action

In its October 2025 Term, the Supreme Court will decide whether Section 47(b) of the Investment Company Act of 1940 (“ICA”) creates a federal cause of action for private plaintiffs seeking rescission of contracts that are...more

Herbert Smith Freehills Kramer

US Supreme Court Grants Certiorari to Decide Whether Section 47(b) of the Investment Company Act Allows for a Private Right of...

On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 to resolve a circuit split over whether Section 47(b) of the Investment Company...more

Goodwin

Convergence and Flexibility: LP Clawback Provisions in Private Funds

Goodwin on

A majority of private fund managers set the clawback limit at 25%, but they calculate the clawback differently depending on fund type. Limited partner (LP) clawback provisions enable fund managers to call back previously...more

WilmerHale

BRG Annual M&A Disputes Report 2025

WilmerHale on

After moderate deal market gains in 2024, dealmakers are eager to leave the uncertainty of the last few years behind and enter a new chapter of mergers and acquisitions (M&A) activity. The conditions look right for further...more

Cadwalader, Wickersham & Taft LLP

Give Me Some Credit July 2023 - FFF Sovereign Immunity Series – Part XIII and Wrap-Up

We have come to the final installment of our FFF Sovereign Immunity Series, having covered the 48 other states previously (see the links to the full series here). In this article, we will look at sovereign immunity in...more

Cadwalader, Wickersham & Taft LLP

We Pay Tribute May 2023 - FFF Sovereign Immunity Series – Part X: South Dakota and Tennessee Memorial Day Edition

It’s the Friday before Memorial Day Weekend here in the United States. Given the holiday weekend, this installment of our Sovereign Immunity Series will be light, as we will cover just two states: South Dakota and Tennessee....more

Cadwalader, Wickersham & Taft LLP

Moving into May - April 2023: FFF Sovereign Immunity Series – Part IX

Today we release the ninth installment of our Sovereign Immunity Series. In this installment we cover Oklahoma, Oregon, Pennsylvania, Rhode Island and South Carolina to give you a high-level overview of sovereign immunity in...more

Cadwalader, Wickersham & Taft LLP

What Are the Alternatives? April 2023 - Sovereign Immunity – Cayman Islands

We have been following Fund Finance Friday‘s journey through different U.S. jurisdictions (and last week's look at England & Wales) and the interesting range of approaches taken by various states to sovereign immunity. With...more

Cadwalader, Wickersham & Taft LLP

Time for a Term Loan? March 2023: FFF Sovereign Immunity Series – Part VII

Today we return with our seventh installment in the FFF Sovereign Immunity Series, in which we break down sovereign immunity in New Mexico, New York, North Carolina, North Dakota and Ohio....more

Cadwalader, Wickersham & Taft LLP

Marching into March February 2023 | Issue No. 212 - FFF Sovereign Immunity Series – Part VI

Today’s article marks the halfway point in our alphabetical 50-state survey of sovereign immunity, as this installment covers Montana, Nebraska, Nevada, New Hampshire and New Jersey....more

Cadwalader, Wickersham & Taft LLP

On the Side February 2023 | Issue No. 209 - FFF Sovereign Immunity Series – Part V

We are back today to continue along with our tasting menu of state sovereign immunity. In our fifth installment in the series, we will visit Massachusetts, Michigan, Minnesota, Mississippi and Missouri. If you are new to the...more

Cadwalader, Wickersham & Taft LLP

Happy NAV Year! - January 2023 | Issue No. 205 - FFF Sovereign Immunity Series – Part IV

We continue our alphabetical 50-state survey of sovereign immunity with our fourth installment in the series – this week summarizing sovereign immunity in Kansas, Kentucky, Louisiana, Maine and Maryland....more

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