Court “Case”
For all the fuss about fees, a recent friend of the court filing by the Department of Labor reminds us that it’s not just what you pay, it’s what you get for what you pay. The amicus brief had the DoL once again weighing in on another in the series of revenue-sharing suits that have kept the industry stirred up since the first wave was filed in 2006. Once again, the DoL was expressing its sense that there were real, and triable, issues in the case, this one involving Exelon Corporation (see “ Solis Asks Court to Overturn Exelon Excessive Fee Case Decision ”). The DoL had previously expressed similar concerns about a similar dismissal in the same judicial district in a case involving Deere & Co. (see “ Hecker Fee Case Prompts Exelon Suit Dismissal ”)—a dismissal that was affirmed by the appellate court, and that the U.S. Supreme Court has refused to reconsider. Those concerns weren’t enough to influence the appellate court in the Hecker case, though it did result in a judicial ad...