Schwab to Acquire Windward Investment Management

The Charles Schwab Corporation is paying $150 million in stocks and cash for Windward Investment Management, an exchange-traded fund (ETF)-focused investment advisory firm headquartered in Boston.  

The acquisition will enable Schwab to expand its’ business in the rapidly growing field of ETFs.  As of July 31, Windward managed $3.9 million in assets, held in three investment portfolios primarily made up of ETFs.  

The deal is expected to close in the fourth quarter.  Upon closing, Windward’s money management solutions and ETF-based portfolios will be made available to clients of independent registered investment advisers (RIAs), retail clients, as well as independent investors. Stephen J. Cucchiaro, the founder, president and chief investment officer of Windward, along with his investment team, will remain with the firm to maintain and oversee the investment and portfolio management processes in place today. 

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“Among independent advisers and retail investors there is a growing interest in the kind of value Windward can provide – portfolio construction which puts risk management at its core–an ideal approach for today’s world,” said Walt Bettinger, Schwab president and chief executive officer. “A number of Schwab Advisor Services clients currently rely on Windward for cost-effective and highly diversified core portfolio holdings for their clients, and we think that upon closing streamlined access and improved pricing from Schwab will further fuel Windward’s growth and enable us to add significant client value for advisers.” 

In a statement, Schwab said it expects the acquisition to show “modest” gains during the first 12 months after the deal closes. Schwab had seen a 38% jump in ETF usage among its clients from June 2009 to June 2010, and it expects those numbers to continue to climb.  

In July, Schwab posted flat second-quarter profit but showed signs of emerging from the damage inflicted by low interest rates and money-market fund fee waivers. 

 

California Law Firm Probes Possible Fiduciary Breach

A Los Angeles-based law firm has launched an ERISA-based fiduciary investigation of Northern Trust.  

Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP (“Liner”) says it has commenced an investigation relating to The Northern Trust Company Thrift-Incentive Plan, and potential violations of the Employee Retirement Income Security Act of 1974 concerning investments in the stock of Northern Trust Company, and proprietary funds selected by that plan’s fiduciaries to be included in the plan.

Investigation Focus

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According to a press release, Liner’s investigation focuses on concerns that the plan’s fiduciaries may have breached their fiduciary duties of loyalty and prudence to the Plan’s participants.  They claim that a breach may have occurred if the fiduciaries “failed to prudently manage the plan’s assets, by among other things, offering Northern Trust stock and/or proprietary funds as plan investment options, requiring participants to invest in the company stock, and investing and holding company contributions in the company stock at a time when the stock was not a suitable and appropriate investment option”.

The law firm says that a breach also may have occurred if the fiduciaries withheld or concealed material information from the plan’s participants “with respect to the company’s business, financial results, and operations, thereby encouraging participants and beneficiaries to continue to make and maintain substantial investments of company stock in the plan”.

Liner notes that its attorneys “helped pioneer this field in the Rite-Aid and McKesson ERISA breach of fiduciary duty cases, among the first large-scale ERISA 401(k) cases filed”.

More information is available at http://www.californiaclassaction.com/.

 

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