of the following capacities has engaged within five years of the commencement of the action or is about to engage in any act or practice constituting a breach of fiduciary duty involving personal misconduct in respect of any registered investment company for which such person so serves or acts — (1) as officer, director, member of any advisory board, investment adviser, or depositor; or (2) as principal underwriter, if such registered company is an open-end company, unit investment trust, or face-amount certificate company. 15 U.S.C. § 80a-35(a). 3 ., Prior to Alexander, a number of courts, including this one, held that there were implied private rights of action under the ICA. See, e.g., Strougo ex rel. Brazil Fund v. Scudder, Stevens & Clark, Inc., 964 F.Supp. 783, 796 (S.D.N.Y.1997) (<HOLDING>). Given the Supreme Court’s instruction in
recognizing private right of action holding an implied right of action under section 36a recognizing implied private action under the plat act rejecting implied private action under the national flood insurance act of 1968 recognizing implied private action under the collection agency act recognizing an implied fourth amendment action for damages