On December 11, 2023, Saba Capital Master Fund Ltd announced that it had filed a complaint in the United States District Court's Southern District of New York against ClearBridge Energy Midstream Opportunity Fund, among others, seeking to invalidate as unlawful under the Investment Company Act of 1940, provisions in the Company's governing documents purporting to opt-in to the Maryland Control Share Acquisition Act, which strips voting rights with respect to a shareholder's acquisition of shares constituting as little as 10% of the Fund's voting power. The Court granted summary judgment on December 5,2023, to the Saba Parties and declared the Vote Stripping Provisions to violate Section 18(i) of the Investment Company Act and ordered rescission of the Vote Stripping Provisions.