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- Title
JONES V. HARRIS: A FRESH APPROACH TO THE GARTENBERG STANDARD.
- Authors
Freeman, Kristen J.; Yeung, Amy Y.
- Abstract
The article analyzes the U.S. Supreme Court's decision in Jones v. Harris on the use of fiduciary duty under section 36(b) of the Investment Company Act of 1940 (ICA). It notes that the court explores a new approach to judicial review of the fiduciary duty of an investment advisor with regards to receipts of compensation for services. However, it contends that the court followed a bifurcated analysis that contains a substantive scrutiny on procedural fairness.
- Subjects
UNITED States; JONES v. Harris Associates LP; FIDUCIARY responsibility; MUTUAL fund laws; UNITED States. Supreme Court; LEGAL status of investment advisors; FIDUCIARY liability
- Publication
Delaware Journal of Corporate Law, 2010, Vol 35, Issue 3, p959
- ISSN
0364-9490
- Publication type
Article