• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup

2

The Pentagon said Iran War costs $29 billion, but the real cost is closer to $200 billion—and counting

3

Markets tumble worldwide as Fed resets expectations: $400 billion wiped off SpaceX stock

1

After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup

2

The Pentagon said Iran War costs $29 billion, but the real cost is closer to $200 billion—and counting

3

Markets tumble worldwide as Fed resets expectations: $400 billion wiped off SpaceX stock
FinanceSPACs

New lawsuit questions regulatory status of Bill Ackman’s SPAC

By
Declan Harty
Declan Harty
Down Arrow Button Icon
By
Declan Harty
Declan Harty
Down Arrow Button Icon
August 18, 2021, 11:30 AM ET
Add Fortune on Google for similar content.

A duo of law professors are going after the world’s biggest SPAC.

Pershing Square Tontine Holdings—the special purpose acquisition company set up last year by billionaire hedge fund manager Bill Ackman that recently dropped its plan to take a stake in Universal Music Group—has been sued by an investor represented by New York University law professor and former SEC Commissioner Robert Jackson Jr. and Yale law professor John Morley in a case that could ripple throughout the world of blank-check companies in the years to come.

Filed Monday in the Southern District of New York, the lawsuit alleges that Pershing Square Tontine should be regulated as an investment company under federal law, considering investing in securities “is basically the only thing that PSTH has ever done.” And because the SPAC is not one today, the suit claims Pershing Square Tontine has been able to charge public-market investors “what amounts to hundreds of millions of dollars” in illegal compensation under the Investment Company Act of 1940 and the Investment Advisers Act of 1940. “Ackman runs this SPAC the same way he runs every other investment product he’s ever sold, with one important difference: He’s trying to evade the protections of the Investment Company Act,” Jackson told Fortune. “As a result, the governance of the entity allows him to extract millions of dollars in compensation, and that comes right out of the pockets of investors.”

In a statement to Fortune, Pershing Square Tontine called the allegations “totally without merit.” The SPAC “owns or has owned” U.S. Treasuries and related money-market funds, the statement said; however, Pershing Square Tontine said the same is done by “all other SPACs while they are in the process of seeking an initial business combination.” The company said it has “never held investment securities” that would require it to be registered under the Investment Company Act of 1940, nor that it plans to do so in the future.

However, in the lawsuit, Jackson and Morley point to instances from the court system and the Securities and Exchange Commission in which both U.S. government bonds and money-market fund shares have been classified “unambiguously” as securities under the Investment Company Act. (Pershing Square Tontine did not respond to an additional request for comment on this point.)

The case represents yet another potential stumbling block for the SPAC model.

Since the bonanza of activity the market saw in such blank-check companies to start the year, when nearly 300 SPACs listed in the U.S. between January and March, the SPAC market has faced drastically different conditions.

Regulators in Washington, D.C., have ramped up their scrutiny, even recently charging a SPAC, its sponsor, the CEO, and its merger target for misleading claims about the business it was acquiring. Lawmakers in Congress have expressed concerns of their own. And investors, arguably the market’s most important constituency, have had a waning appetite for SPACs for some time now. As of Tuesday, only 114 SPACs have listed in the U.S. since the beginning of April, according to data from SPAC Insider.

Now the lawsuit against Pershing Square Tontine brings another set of questions to the industry that both Jackson and Morley expect many will be asking themselves soon enough.

“There may very well be other SPACs that raise similar issues,” Morley said. “The SPAC marketplace has been a source of concern for regulators and market watchers for several years now, all of them deeply concerned about the level of compensation taken by SPAC sponsors, and it may well be the case that other SPACs raise similar regulatory questions.”

More finance coverage from Fortune:

  • What are stablecoins? Your guide to the fast-rising alternative to Bitcoin and Ethereum
  • Americans’ credit scores hit another high point amid the pandemic
  • Pandora’s sparkling comeback powered by stimmy checks and lab-grown gems
  • Procter & Gamble has a brand problem

Why the “unloved” U.K. stock market is still singing the Brexit and COVID blues

Subscribe to Fortune Daily to get essential business stories straight to your inbox each morning.

About the Author
By Declan Harty
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Finance

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Finance

Trump cancels signing a housing bill and blindsides his own party in a social media post
PoliticsDonald Trump
Trump cancels signing a housing bill and blindsides his own party in a social media post
By The Associated Press, Mary Clare Jalonick, Kevin Freking, Josh Boak and Lisa MascaroJune 24, 2026
2 hours ago
t
PoliticsDonald Trump
Trumps holds landmark affordable housing bill hostage over his pet issue: the ‘national emergency’ of voter ID
By Mary Clare Jalonick and The Associated PressJune 24, 2026
2 hours ago
s
BankingScott Bessent
Scott Bessent calls Mamdani ‘leader of the Democratic Party,’ touts weekly Warsh breakfasts and a new push to put every American in the stock market
By Nick LichtenbergJune 24, 2026
2 hours ago
a
RetailAmazon
Amazon’s record Prime Day masks a darker truth: Americans are spending more and getting less
By Nick LichtenbergJune 24, 2026
2 hours ago
rd
AsiaChina
Ray Dalio just finished a 10-day trip to China. He says global leaders know America ‘doesn’t have what it takes to fight to maintain its empire’
By Nick LichtenbergJune 24, 2026
4 hours ago
Top CD rates from major banks June 24, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
Personal FinanceCertificates of Deposit (CDs)
Top CD rates from major banks on June 24, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
By Joseph HostetlerJune 24, 2026
4 hours ago

Most Popular

After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup
Success
After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup
By Orianna Rosa RoyleJune 23, 2026
1 day ago
The Pentagon said Iran War costs $29 billion, but the real cost is closer to $200 billion—and counting
Economy
The Pentagon said Iran War costs $29 billion, but the real cost is closer to $200 billion—and counting
By Jacqueline MunisJune 24, 2026
10 hours ago
Markets tumble worldwide as Fed resets expectations: $400 billion wiped off SpaceX stock
Banking
Markets tumble worldwide as Fed resets expectations: $400 billion wiped off SpaceX stock
By Jim EdwardsJune 23, 2026
1 day ago
Current price of oil as of June 23, 2026
Personal Finance
Current price of oil as of June 23, 2026
By Joseph HostetlerJune 23, 2026
1 day ago
Current price of gold as of June 23, 2026
Personal Finance
Current price of gold as of June 23, 2026
By Danny BakstJune 23, 2026
1 day ago
Texas and Charlotte used to build huge McMansions—now they're copying the California design tricks they once mocked
Real Estate
Texas and Charlotte used to build huge McMansions—now they're copying the California design tricks they once mocked
By Sydney LakeJune 22, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.