Bass, Berry & Sims attorney Chris Lazarini outlined the factors courts must consider in determining whether the fees an adviser charges a mutual fund are excessive and in violation of the Investment Company Act. All the...more
5/31/2020
/ Appeals ,
Board of Directors ,
Excessive Fees ,
Gartenberg Factors ,
Investment Adviser ,
Investment Company Act of 1940 ,
Mutual Funds ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and...more
11/12/2019
/ Aiding and Abetting ,
Appeals ,
Board of Directors ,
Breach of Duty ,
Fiduciary Duty ,
Genuine Issue of Material Fact ,
Investment Adviser ,
Investment Banks ,
Mergers ,
Motion for Summary Judgment ,
Shareholder Litigation ,
Shareholders
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more
10/23/2019
/ Breach of Contract ,
Client Data ,
Confidential Information ,
Confidentiality Agreements ,
Customer Information ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Investment Adviser ,
Irreparable Harm ,
Likelihood of Success ,
Misappropriation ,
Non-Solicitation Agreements ,
Trade Secrets ,
TRO
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a SEC registered investment advisor sued for defamation and intentional interference with contractual relations after The Wall Street Journal published an...more
11/21/2018
/ Arbitration Awards ,
Confidentiality Agreements ,
Defamation ,
False Reporting ,
First Amendment ,
Interference Claims ,
Investment Adviser ,
Judicial Proceedings ,
Motion to Dismiss ,
Printed Publications ,
Securities and Exchange Commission (SEC) ,
Wall Street Journal
Bass, Berry & Sims attorney Chris Lazarini examined further developments in a case involving a former UBS investment advisor’s attempt to prevent the company from collecting on promissory notes the advisor owed to UBS upon...more
10/8/2018
/ Actual Malice ,
Appeals ,
Asset Freeze ,
Asset Transfer ,
Attorney's Fees ,
Creditors ,
De Novo Standard of Review ,
Debtors ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Fraudulent Transfers ,
Insolvency ,
Investment Adviser ,
Investment Companies ,
Limited Liability Company (LLC) ,
Operating Agreements ,
Promissory Notes ,
Punitive Damages ,
Spouses ,
Summary Judgment ,
Venue ,
Void Contracts
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more
9/4/2018
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Asset Freeze ,
Attorney's Fees ,
Creditors ,
De Novo Standard of Review ,
Debtors ,
Former Employee ,
Fraud ,
Fraudulent Transfers ,
Good Faith ,
Investment Adviser ,
Investment Management ,
Motion for Summary Judgment ,
Operating Agreements ,
Promissory Notes ,
Punitive Damages ,
Transfer of Assets
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which UBS Puerto Rico sought to overcome its insurance carriers' refusal to defend and provide coverage for two civil actions, settlements with the SEC and FINRA...more
3/6/2018
/ Arbitration ,
Bonds ,
Breach of Contract ,
Claim Construction ,
Cross Motions ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Fund Managers ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Investment Adviser ,
Puerto Rico ,
Putative Class Actions ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Summary Judgment ,
Underwriting
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a court took the unusual step of remanding a case to the arbitration panel to explain the rationale behind its award. The Court made the decision because...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which plaintiff claimed breach of contract when her investment advisor did not transfer funds in a timely manner. The trial court and court of appeals awarded...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the appellate court upheld a jury verdict in favor of Plaintiff, finding commodity futures contracts are not "securities" and Plaintiff, who was trading them...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a pension fund, a "net winner" in the Madoff Ponzi scheme, filed an ERISA action against its investment adviser seeking to recover "lost opportunity"...more
2/1/2017
/ Actual Injuries ,
Article III ,
Bernie Madoff ,
Clawbacks ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Investment Adviser ,
Lost Profits ,
Pension Funds ,
Ponzi Scheme ,
Standing