The U.S. Court of Appeals for the Second Circuit, in disagreeing with the Courts of Appeals for the Third and Ninth Circuits, ruled on August 5, 2019 in Oxford University Bank v. Lansuppe Feeder, Inc. that a private right of...more
9/10/2019
/ Appeals ,
Breach of Contract ,
Equitable Relief ,
Failure to Report ,
Investment Company Act of 1940 ,
Investment Funds ,
Investors ,
Junior Lenders ,
Liquidation ,
Mutual Funds ,
Noteholders ,
Private Right of Action ,
Rescission ,
Section 47(b) ,
Senior Investors ,
Split of Authority ,
Summary Judgment ,
Trusts
The Chairman of the Financial Services Committee of the U.S. House of Representatives, Jeb Hensarling (R-TX), on April 19, 2017 released an updated discussion draft of the Financial CHOICE1 Act (Bill), and the Committee held...more
5/1/2017
/ Breach of Duty ,
Burden of Proof ,
Clear and Convincing Evidence ,
Excessive Fees ,
Federal Pleading Requirements ,
Fiduciary Duty ,
Financial Services Industry ,
Gartenberg Factors ,
Investment Adviser ,
Motion to Dismiss ,
Mutual Funds ,
Preponderance of the Evidence ,
Private Right of Action ,
Proposed Legislation ,
Section 36(b) ,
Shareholder Rights ,
Standard of Review
AXA Investor Fees Held Not To Constitute a Breach of Fiduciary Duty -
The U.S. District Court for the District of New Jersey issued its trial ruling on August 25, 2016 in Sivolella v. AXA Equitable Life Insurance...more
The U.S. mutual fund industry is poised to see significant developments in the ongoing wave of Section 36(b) “excessive fee” litigation. Days apart in August, the Seventh Circuit Court of Appeals affirmed the grant of summary...more
10/7/2015
/ Appeals ,
Arms Length Transactions ,
Board Deferance ,
Board of Directors ,
Excessive Fees ,
Fiduciary Duty ,
Financial Adviser ,
Gartenberg Factors ,
Investment Adviser ,
Investment Company Act of 1940 ,
Mutual Funds ,
Private Right of Action ,
SCOTUS ,
Section 36(b) ,
Shareholders ,
Summary Judgment