Mutual Funds Should Consider Shareholder Litigation

Law360 (October 8, 2019, 12:43 PM EDT) -- A recent Law360 guest article published by two Ropes & Gray LLP attorneys that challenges a forthcoming law review article[1] attempts to dissuade mutual funds from engaging in shareholder litigation. The challenge by Amy Roy and Robert Skinner purports to address the "practical realities of mutual funds acting as plaintiffs" while ignoring the practical realities of securities litigation.[2]

Indeed, under the right circumstances, it often makes sense for mutual funds to participate in securities litigation.[3]

Mutual Funds Are Well Positioned as Lead Plaintiffs

Perhaps most egregiously, Roy and Skinner assert that mutual funds are poorly suited to serve as lead plaintiffs, a statutorily designated party that...

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