John M. Loder
Partner
John Loder is a partner in the asset management group. For many years, his practice has focused primarily on investment management industry clients, including investment advisers, mutual funds, hedge funds, private equity firms and the investment management activities and products of banks, broker-dealers and insurance companies. He has extensive experience in the following types of matters, among others:
- the organization of investment advisory firms and investment funds of all types, both SEC-registered and unregistered;
- ongoing representation of and advice to open- and closed-end investment companies, exchange-traded funds (ETFs) and their independent directors/trustees (currently including over 500 funds with collective assets totaling several hundred billion dollars);
- mergers and acquisitions of investment advisers and funds;
- advice with respect to governance, regulatory and compliance issues of all kinds affecting investment management industry clients; and
- advice regarding government enforcement matters.
He has also served as counsel to the independent directors of a number of large real estate investment trusts (REITs) on an ongoing basis, and to special committees of the boards of directors of several large REITs in connection with their review of corporate strategic alternatives and in the evaluation of proposed mergers and acquisitions and potential management internalization transactions.
Experience
Fund Groups
- Artisan Funds (fund and independent director counsel)
- American Century Funds (independent director/trustee counsel)
- Columbia Funds (fund counsel)
- Dodge & Cox Funds (independent trustee counsel)
- Loomis Sayles Funds (fund counsel)
- Natixis Funds and ETFs (fund counsel)
- PNC Funds (fund counsel)
- ProFunds (fund counsel)
- ProShares (ETFs) (fund counsel)
- Schwab Funds & ETFs (independent trustee counsel)
Publications
- Quoted, “Extending Terms Can Add Flexibility but Also Confusion,” BoardIQ (March 26, 2019)
- Chapter co-author, “United States,” The Asset Management Review - 7th Edition (2018)
- Co-author, Chapter on United States Asset Management Regulation for The Asset Management Review, 5th edition (September 2017)
- Quoted, “Closet index funds: a fund director’s guide,” Fund Action (July 19, 2017)
- Quoted “SEC Probing Compliance With Distribution-in-Guise Guidance,” Ignites (March 21, 2016)
- Quoted, “Industry experts call for more flexibility in new SEC rules,” Fund Directions (March 18, 2016)
- Quoted, “SEC’s Blizzard: Boards Can Detect Illegal Payments,” Fund Directions (March 17, 2016 )
- Quoted, “The top 5 issues facing mutual fund directors in 2016,” Fund Directions (December 17, 2015)
- Quoted, “One Year Ago: Year-End 2015 Edition,” Fund Directions (November 23, 2015)
- Quoted, “Contracts committees react to 15(c) enforcement,” Fund Directions (September 2, 2015)
- Quoted, “Directors Workloads, Responsibilities On The Rise,” Fund Directions (September 2, 2015)
- Quoted, “SEC: Change This. Fidelity: No. Repeat Exchange for 5 Years, ” BoardIQ (August 11, 2015)
- Quoted, “Directors’ Workloads, Responsibilities on the Rise,” Fund Director Intelligence (November 19, 2014)
- Author, Chapters on Contractual Duties of Investment Managers: US, Fiduciary Duties: US (with Michael P. Dimitruk), Proxy Voting (US Issues) (with George Braxton Raine) and Best Execution (US Issues) in T. Spangler, ed., Investment Management Law and Practice (Oxford University Press, 2010)
Presentations
- Speaker, “Swing Pricing Primer: Considerations and Challenges for Mutual Funds Webinar,” Investment Company Institute (January 12, 2017)
- Panelist, “The Regulatory Outlook for Funds and Advisers,” ICI Mutual Funds & Investment Management Conference (March 14, 2016)
- Presenter, Mutual Fund Directors Forum webinar, “SEC v. Morgan Keegan Board: Lessons and Implications for Valuation Oversight” (January 17, 2013)
Education
- JD, cum laude, Harvard Law School, 1983
- AB, magna cum laude, Harvard College, 1980; Phi Beta Kappa
Admissions / Qualifications
Qualifications
- Massachusetts, 1985
Awards
- Boston Magazine “Top Lawyers” (2021)
- Best Lawyers in America 2015, “Lawyer of the Year” in Boston for Mutual Funds Law
- IFLR 1000 Leading Lawyer (2013-2017), Highly Regarded (2018-2024)
- Best Lawyers in America (2006-2024)
- Legal 500 (2013-2020); Hall of Fame (2019-2023)
- Chambers USA: America's Leading Lawyers for Business (2007-2023)
- Chambers Global (2020-2023)
- PLC Which Lawyer (2010-2011)
- Massachusetts Super Lawyers (2014-2019)