Eben P. Colby

Mr. Colby focuses on counseling clients in the asset management industry, having represented the largest firms in the sector on their most significant issues for more than two decades. His experience spans from the market timing investigations and litigation of the early 2000s to excessive fee litigation under Section 36(b) of the Investment Company Act, "proprietary funds" cases under the Employee Retirement Income Security Act (ERISA) and defending funds and their boards from attacks by activist investors. This experience includes successful outcomes on billions of dollars of claims after bench and jury trials, as well as at the summary judgment and pleading stages.

Mr. Colby has extensive experience defending against activist investors. This includes litigating and advising boards on proxy voting, governance, anti-takeover defenses, board elections and fiduciary duties.

Mr. Colby has been named a Winning Litigator by The National Law Journal for his victories in high-stakes matters, as well as one of NLJ’s Rising Stars in Boston. He has also been named to The Best Lawyers in America and recognized as one of Lawdragon’s 500 Leading Lawyers in America, 500 Leading Global Litigators and 500 Leading Litigators in America. Additionally, he has been honored as one of Massachusetts Lawyers Weekly’s Go To Commercial/Consumer Lawyers and one of Boston Magazine’s Top Lawyers, as well as an Asset Management Rising Star by Law360.