Regulation

The Eighth U.S. Circuit Court of Appeals has just ruled in favor of investors in a case against Ameriprise Financial over the fees of 11 of its RiverSource mutual funds. Coming on the heels of a similar case against Harris Associates that the Supreme Court will hear this fall, it could signal a new era in favor of investors.

FINRA has fined Fifth Third Securities $1.75 million for a series of violations related to variable annuity sales and exchanges.

Following a three-month investigation, the state of Oregon is seeking $36.2 million in damages from OppenheimerFunds due to steep losses in one of its funds included in the state’s 529 college savings plan; the Oppenheimer Core Bond Fund fell 36% in value last year, and is down another 10% year-to-date.

FINRA ruled in favor of an NFL retiree, Jerome Woods of the Kansas City Chiefs, who lost $1.7 million in Morgan Keegan mutual funds, but awarded him only $950,000. Woods is among dozens of investors who have filed lawsuits against the firm after losing 90% of their investments.

With new global regulations forthcoming, corporate compliance departments will need to upgrade aging systems and expand automation technology just to keep up. The time for little fixes may be over, and firms cannot use the recession as an excuse for putting investments off.

The Securities and Exchange Commission is considering eliminating the stable, $1 net asset value (NAV) requirement that money market mutual funds have long held, by either making the funds have a floating $1 NAV or a $10 NAV.

Five states are examining the underlying investment offerings in OppenheimerFunds’ 529 plan after two of the funds lost substantial amounts over the past year: the Oppenheimer Champion Income Fund is down 79%, and the Oppenheimer Core Bond Fund is down 41%.

While most mutual fund companies struggled in 2008, John Hancock Funds finished the year in solid standing, buoyed by a strong first half and careful strategic planning. President and CEO Keith Hartstein recently spoke with Money Management Executive's John Morgan about the key areas that drove Hancock's record $8.5 billion in sales, some regulations he would like to see changed and his outlook for the rest of 2009 and beyond.

High-yield bond funds lost an average of 26% in 2008, but the range of the performance was astounding, Andrew “Buddy” Donohue, director of the SEC division of investment management noted in a speech Thursday before the Practising Law Institute—ranging a full 85 percentage points between 7% for the best-performing fund to negative 78% for the worst-performing. And ranges proved to be incredibly wide for all asset classes, with 70% of actively managed funds underperforming their benchmarks in 2008, Donohue noted.

The Managed Funds Association has drafted the fifth edition of its best practices for hedge funds, this year with special emphasis on restoring confidence, along with a due diligence questionnaire for investors.