Houston Pension Sues Highland, JP Morgan

A Houston pension plan has sued Highland Capital Management, the debt manager with about $22 billion in assets under management, and JPMorgan Chase & Co. over claims that willful looting led to the shutdown of the Highland Crusader Fund.

(May 27, 2011) — The $1.9 billion Houston Municipal Employees Pension System has sued hedge fund operator Highland Capital Management and JPMorgan Chase over the shut Crusader fund, which was set up to invest in distressed corporate debt.

The suit, filed earlier this week in Delaware Chancery court, alleges that Dallas-based Highland, the largest hedge fund manager in Texas with about $22 billion in assets under management, and the Crusader Fund failed to guard investors while it collapsed, freezing investor withdrawals while protecting its own hedge fund network.

Highland co-founders James Dondero and Mark Okada caused the Crusader Fund to engage in “dozens of self-interested transactions,” the Houston Municipal Employees Pension System said in the complaint obtained by Bloomberg. The pension fund claims that Crusader engaged in at least 56 deals with other Highland funds that hurt investors in the fund. The scheme, which invested $15 million in the fund, is seeking unspecified losses caused by the alleged wrongdoing.

The Crusader Fund “was harmed by virtue of being stuck with poor quality assets that it would not have had if the partnership had been managed in the best interests of the partnership and its limited partners,” lawyers for the pension plan said in the complaint filed in Delaware Chancery Court.

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In response to the lawsuit from the Houston Municipal Employees Pension System, Highland issued the following response:

“In our view, this suit represents a single plaintiff’s law firm attempting to create financial leverage for one party’s benefit at the expense of all other investors and derail the investor-led mediation process that is substantially complete. In fact, this same law firm tried to derail the successful, investor-driven process that led to the recent, equitable resolution for the Highland Credit Strategies hedge fund. Similarly, we do not expect this meritless suit to impede the approval of a final plan of distribution for Crusader in the coming weeks.”



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Mercer Acquisition Highlights Continued Industry Consolidation

Evaluation Associates marks Mercer’s second investment consulting acquisition in 2011, highlighting its drive to expand in the US.

(May 26, 2011) — Mercer Investment Consulting has announced that it has signed a definitive agreement with Milliman to acquire portions of its investment consulting subsidiary, Evaluation Associates.

Upon completion, this will be Mercer’s second acquisition of an investment consulting firm in 2011 after having completed its acquisition of Hammond Associates effective January 3, 2011, Mercer said. In a related transaction, Callan Associates will acquire from Evaluation Associates its public sector investment consulting business.

Specifically, according to Jeff Schutes, Mercer’s US investment consulting leader, the acquisition with Evaluation Associates provides Mercer with a stronger roster of clients in the Northeast. “Evaluation Associates also has some endowments and foundations that tie in well with the Hammond Acquisition,” Schutes told aiCIO. “We feel comfortable growing the business equally across all our segments — endowments and foundations, corporate defined contribution and defined benefit plans, as well as within the wealth management marketplace.”

“This acquisition, along with our acquisition of Hammond Associates earlier this year, underscores Mercer’s commitment to our investment business and our determination to increase our US market share,” he stated. “Mercer is growing at a time when clients are demanding greater resources and depth of expertise from their investment consultants. Not only does this provide Mercer with additional opportunity to build out our US capabilities, but it also makes available to Evaluation Associates clients the full global resources that Mercer can offer.”

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When asked whether the deal reflects a continued drive toward further consolidation within the industry and the potential downfall of the boutique model, Schutes noted that he believes there will be continued consolidation in the investing consulting industry. “It’s hard for boutiques to provide global resources and specialist consulting. Consultant firms need to have scale to serve those needs.”



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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