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Alternative Market Briefing

Elliott versus Absolute Return magazine case raises broader questions for hedge funds on transparency and information control

Tuesday, August 31, 2010

Nick Rogers
From Kirsten Bischoff, Opalesque New York:

This Thursday (September 2, 2010) Absolute Return (AR) magazine is expected to file its response to hedge fund firm Elliott Associates, which demanded the media outlet divulge the source that leaked the firm’s investor letter (and which AR has said it will be printing). The hearing for the matter has been set by the New York court system for September 9th.

While the odds are that AR will not be asked to divulge the source (freedom of the press protections), for managers and investors there is perhaps, a more important issue raised by the entire situation. That is: how to promote transparency under the spotlight glare of a media obsessed with all things hedge fund related?

Hedge fund letters often make their way into the hands of the financial news media. Elliott Associate’s letters in particular have many times prior to this incident made it into the public eye via various news outlets. A Google search shows multiple times where that firm’s investor letters have been discussed in depth (i.e.: Dealbook and Marketwatch).

Typically the press winds up in possession of a hedge fund manager’s investor communications in a myriad of ways – from the manager itself leaking the let......................

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