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ARTICLE · 18 MAY 2017

Investment Services Regulatory Update - May 2017

On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust,...

United StatesFinance and Banking

LITIGATION AND ENFORCEMENT ACTIONS

U.S. District Court Denies Plaintiffs' Motion to Compel Production of Documents Subject to Attorney-Client Privilege in Mutual Fund Excessive Fee Litigation

On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order (the Order) denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust (the Trust), and its Independent Trustees to produce certain documents redacted or withheld under the attorney-client privilege in connection with pending litigation against Calamos Advisors LLC and Calamos Financial Services LLC (collectively, Calamos or the Defendants). The plaintiffs, shareholders of the Calamos Growth Fund, a series of the Trust, who have alleged that Calamos breached its fiduciary duty under Section 36(b) of the 1940 Act by charging excessive advisory and distribution fees to the Fund, argued that, although the documents in question may be subject to

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