The U.S. Supreme Court today heard what "fiduciary" means for an investment adviser when it charges mutual funds more than institutional investors pay for similar services.  See Transcript, Jones v. Harris Assocs. L.P. , No 08-586 (U.S. Nov. 2, 2009).  Briefs here.

Blawgletter predicts a close decision — probably by one vote – in favor of mutual fund

The Judicial Panel on Multidistrict Litigation ordered today that its seven members will gather for the next argument session on November 19 in Cambridge, Massachusetts.  Their Honors will hear from lawyers in, by Blawgletter's count, 16 potential MDL matters.

By the way, we confess to error in guessing the Panel would head south for this gathering. 

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Antitrust law seldom gets a boost in the federal courts any more.  Their Honors seem more afraid of the risk that ruling for the plaintiff hurts competition than of the danger that killing a case encourages anticompetitive conduct and deprive consumers of any remedy for it.  Fear of "false positives"