In The News

In The Review of Securities & Commodities Regulation, Amy Roy, Jonathan Ference-Burke and Hannah Vail Analyze Recent Mutual Fund Fee Litigation

Practices: Litigation

In the decade since the Supreme Court’s decision in Jones v. Harris Associates – a case in which Ropes & Gray represented the defendant investment adviser – the plaintiff’s bar has been unsuccessful at establishing liability under Section 36(b) of the Investment Company Act. In The Review of Securities & Commodities, litigation & enforcement partner Amy Roy (Boston) and litigation & enforcement associates Jonathan Ference-Burke (Washington D.C.) and Hannah Vail (Boston) examine the many factors that have led to the plaintiff’s bar’s failures in its pursuit of Section 36(b) claims. Amy, Jonathan, and Hannah take stock of the wave of Section 36(b) cases filed in the wake of Jones and argue that courts in future cases should consider dismissing cases on a motion to dismiss or granting summary judgment on such matters instead of allowing plaintiffs to proceed with expensive and time-consuming litigation.

The article can be accessed here.
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