District Court, D. Delaware June 6, 2014, Civ. No. 13-1521-SLR (Cox ex rel. ING Global Real Estate Fund v. ING Investments LLC)

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

On August 30, 2013, plaintiff Jeremie Cox (“Cox”) filed a complaint derivatively on behalf of ING Global Real Estate Fund (“the Fund”) against defendant ING Investments LLC (“ING”) alleging that ING breached its fiduciary duty under Section 36(b) of the Investment Company Act of 1940, as amended 15 U.S.C.