Article
Supreme Court Limits Private Rescission Claims Under The Investment Company Act
The U.S. Supreme Court has ruled that Section 47(b) of the Investment Company Act does not create an implied private right of action for rescission, fundamentally reshaping how fund governance measures can be challenged in federal court. This landmark decision narrows federal litigation pathways for activists while elevating the importance of SEC enforcement, state-law claims, and meticulous board governance practices.
Greenberg Traurig, LLP