Don’t Expect Investor Suits Against Funds to End, Even After SCOTUS Imposition of Curbs

Wednesday, June 17, 2026

Michael de Leeuw was quoted in The National Law Journal discussing the U.S. Supreme Court’s recent decision limiting investors’ ability to sue investment funds to rescind contracts under Section 47(b) of the Investment Company Act. Michael explains that despite the ruling, activist investors are likely to pursue alternative avenues of litigation, noting, “Activist shareholders aren’t going to say, ‘Oh well, I guess we’re done.’ They’ll find a workaround. They always do.” He also discusses how investors may continue to seek rescission through state law claims and other independent causes of action, underscoring the resilience of activist shareholders and plaintiffs’ lawyers in developing new litigation strategies.

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