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Not Dead Yet: Second Circuit Revives Private Rights of Action Under Section 47(B) of the Investment Company Act of 1940

Since 2002, federal courts have refused to find that implied private rights of action exist under the Investment Company Act of 1940 (ICA). Last week, however, the United States Court of Appeals for the Second Circuit held...more

Court Partially Denies Summary Judgment for Adviser in Section 36(b) Excessive Fee Action

On October 3, 2018, Judge Edgardo Ramos of the U.S. District Court for the Southern District of New York issued a decision that largely denied an investment adviser’s motion for summary judgment in an action filed against...more

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