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  • msf April 2016
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Lawsuit Against ValueAct Puts Mutual Funds On Alert

FYI: The U.S. government's lawsuit against ValueAct Capital targets one activist investor but could call into question routine practices across the $16 trillion mutual fund industry, according to attorneys and industry representatives.

The U.S. Department of Justice last week alleged the hedge fund improperly classified two company investments as passive -- and therefore exempt from disclosure requirements -- while taking an activist role with executives. ValueAct disputes the claim.
Regards,
Ted
http://www.fa-mag.com/news/lawsuit-against-valueact-puts-mutual-funds-on-alert-26301.html?print

Comments

  • I must be having a bad hair day. Don't get confused, as I did, by the phrase "classified two company investments as passive", thinking that this might have something to do with passive mutual funds. Or that mutual funds have different disclosure requirements (as do ETFs) depending on whether they are passive or active.

    The "passive" here has got nothing to do with a fund's investment style. It has to do with buying shares and just sitting back and enjoying the ride. Which makes me wonder whether even voting for board members is at some level "active". Or something only slightly less extreme - a fund voting on a shareholder initiative to limit executive compensation. The cited article references executive compensation in the context of "activism".

    I think this Bloomberg opinion column sheds a lot more light on what's going on:
    http://www.bloombergview.com/articles/2016-04-04/shareholder-activism-might-have-antitrust-issues

    That has a lot of facts about the ValueAct case, including a link to the Bloomberg news article:
    http://www.bloomberg.com/news/articles/2016-04-04/valueact-sued-by-u-s-over-halliburton-baker-hughes-purchases

    It also discusses a possible impact on mutual funds. It suggest that the underlying action (saying that a hedge fund owning competing companies in an M&A was being "active") moves a step toward saying that mutual funds (which sometimes own competing funds in concentrated industries) may likewise be illegal. It links to an older column:
    http://www.bloombergview.com/articles/2015-07-22/index-funds-may-work-a-little-too-well

    That column in turn suggests that maybe funds are safe if they don't vote, which curiously brings me full circle to my speculation at the top of this post.
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