FMO Stockholders Litigation Settlement

What happened

Defendants, including Guggenheim Funds Investment Advisors and its officers and directors, allegedly caused the Fiduciary/Claymore Energy Infrastructure Fund (FMO) to over-leverage its assets and breached their fiduciary duties. Defendants allegedly pursued a March 2022 merger with Kayne Anderson Energy Infrastructure Fund to avoid personal liability from tax-related claims, rather than acting in stockholders' best interests. The defendants have agreed to pay $18.8 million to settle allegations of gross negligence and breach of fiduciary duty.

Do you qualify?

All holders of FMO common shares as of the merger closing date on March 7, 2022, whose shares were converted into KYN common stock. Excluded are the defendants, FMO trustees/officers/directors, their families, related entities, and insurance carriers.

What you can claim

Read from the official settlement notice. Confirm the terms that apply to you on the administrator's site before filing.

• Direct distribution from settlement proceeds

  Eligible class members receive a direct distribution from the net settlement funds based on the Plan of Allocation. No claim form is required.

Who is in the class

All holders of FMO common shares of beneficial interest as of the closing of the Merger, whose shares were converted into shares of KYN common stock, including their legal representatives, heirs, successors-in-interest, transferees, and assignees of all such foregoing holders.

Quoted from the settlement notice.

How to file

Eligible class members do not need to submit a claim form. If you held FMO shares at the March 7, 2022 merger closing and were not excluded, you will receive a direct distribution. Distributions occurred on March 6, 2025, and December 11, 2025, with subsequent rolling distributions as funds remain available. For information, contact the Settlement Administrator at 1-855-208-4128 or info@FMOStockholdersLitigation.com.