ICI backs Gartenberg standard on fees in Supreme Court case

The Investment Company Institute filed a brief yesterday urging the U.S. Supreme Court to endorse the longtime Gartenberg standard for evaluating claims that a mutual fund's investment advisers have received excessive compensation.
SEP 04, 2009
The Investment Company Institute filed a brief yesterday urging the U.S. Supreme Court to endorse the longtime Gartenberg standard for evaluating claims that a mutual fund's investment advisers have received excessive compensation. The Gartenberg standard determines a fee's fairness based on whether two independent parties would have determined the same amount. The Supreme Court is scheduled to begin hearing arguments Nov. 2 in the case of Jones v. Harris Associates, which is challenging that framework. The case involves a lawsuit filed by a group of investors against Harris Associates LP, which advises the Oakmark Funds. The plaintiffs alleged that Harris breached its fiduciary duty by charging excessive management fees. In its brief, the ICI asserts that the Gartenberg framework provides “real and substantial protection to investors.” “Mutual fund independent directors, charged with protecting investor interests, rely on this established framework in their annual review and approval of fund advisory fees,” the ICI wrote in its statement. The ICI's brief also highlights the “competitive nature of the fund industry, with fees falling even as investors have received more and better services,” the statement said. The total cost of investing in both stock and bond mutual funds fell by about 60% from 1980 to 2008, the ICI reported. Last fall, the 7th U.S. Circuit Court of Appeals in Illinois ruled against the plaintiffs. Chief Judge Frank Easterbrook upheld the fees set by Harris, saying that as long as there is transparency and no fraud, there is no breach in fiduciary responsibility. If the Supreme Court creates a different, more stringent standard, it could reduce fees for mutual fund shareholders industrywide, according to Morningstar Inc. No shareholder has ever won an excessive-fee case in court under the Gartenberg standard, Morningstar has noted. James Bradley, an attorney with Richardson Patrick Westbrook & Brickman LLC of Charleston, S.C., which is representing the plaintiffs, said the firm is currently working on a reply brief and would reserve any comments for the brief.

Latest News

Advisor says retirement plan defaults still target an average
Advisor says retirement plan defaults still target an average

ERISA Investment Fiduciary Philip Chao says most retirement plans use target date funds as a one-size-fits-all default that ignores individual circumstances

Ex-broker in Florida gets more than six years for stealing $2 million from senior
Ex-broker in Florida gets more than six years for stealing $2 million from senior

Eric J. Stone was fired by Fidelity in 2021 after facing claims he took loans from clients.

Vistria takes majority stake in Curi Capital in fresh RIA deal
Vistria takes majority stake in Curi Capital in fresh RIA deal

Chicago-based Curi Capital gets new majority owner as $14 billion RIA eyes acquisitions and expanded family office services

WealthReach, VastAdvisor tie-up takes aim at advisors' cold outreach problem
WealthReach, VastAdvisor tie-up takes aim at advisors' cold outreach problem

Partnership pairs organic lead detection with paid ad targeting to help end "spray-and-pray" marketing for growth-seeking advisory firms.

LPL taps Wells Fargo vet as new chief technology and information officer
LPL taps Wells Fargo vet as new chief technology and information officer

Jonathan Lewis joins the wealth management giant as it proceeds with a $2 billion AI and technology push for advisors.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income