The Investment Lawyer
Fund of Funds Shareholders Cannot Sue on Advisory Fees of Underlying Funds
December 2017
Until recently, no appellate court had addressed whether shareholders of fund of funds mutual funds may pursue claims under Section 36(b) of the Investment Company Act of 1940 (ICA) concerning the fees charged by underlying funds in which the fund of funds invests. The Eighth Circuit’s recent opinion in American Chemicals & Equipment 401(k) Retirement Plan v. Principal Management Corporation addressed that issue squarely, holding that fund of funds shareholders lack standing to pursue claims for excessive fees charged by the underlying funds.
Capabilities
Suggested News & Insights
11th Circ. NextEra Ruling Broadens Loss Causation StandardMarch 3, 2026Superpowers — and Potential Perils: Deploying AI for BusinessMarch 2026Generative AI and Privilege: Practical Lessons from Two Early Decisions and What Comes NextFebruary 27, 2026Sidley Represents The Brink’s Company in US$6.6 Billion Acquisition of NCR AtleosFebruary 26, 2026Sidley Represents Arsenal Capital Partners and MaxHealth in Sale of MaxHealth to CenterWellFebruary 17, 2026Sidley Secures Key Early Victory for Pasadena and Rose Bowl Operating Company in UCLA Stadium DisputeFebruary 13, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
