entity · derived
Fiduciary duty
Derived node: assembled mechanically from the claims carrying fiduciary-duty. A roster, not an adjudicated definition.
Every claim under this term
- 2097160-028 : Where rules and regulatory guidance are absent, fiduciary duties are the only constraint on executives, and existing fiduciary duties could prove insufficient to limit opportunism and abuse when the p
- 2337268-036 : Because investment advisers owe a duty to obtain best execution for customer orders, they ought to evaluate the executions carried out on their clients' behalf on a periodic basis.
- kaal-2013-acomparativeperspectiveo-007 : Oversight liability in Delaware can be established only on a showing that the directors knew they were not discharging their fiduciary duties or consciously disregarded their responsibilities.
- kaal-2013-acomparativeperspectiveo-009 : Courts often provide very specific language about the standard of conduct expected of directors, but lawyers do not sufficiently communicate that expected conduct to directors.
- kaal-2013-acomparativeperspectiveo-015 : The German Federal Court of Justice held in Mannesmann that directors breached their fiduciary duty by awarding a bonus of roughly seventeen million dollars to a chief executive whose tenure had subst
- kaal-2013-acomparativeperspectiveo-036 : Corporate Integrity Agreements are one form of dynamic governance that may be able to temporarily increase fiduciary duties as a form of quasi law.
- kaal-2013-acomparativeperspectiveo-037 : More research is needed to understand how dynamic forms of governance could help improve fiduciary duties and corporate governance.
- 2715083-023 : The inherent conflict of interest facing an adviser who simultaneously runs a mutual fund and a hedge fund is an important limiting factor on the continued rise of side-by-side management.
- 2811718-016 : In the hand selected sample of cases, the ranking of causes of action differs from the full search results: fiduciary duty leads, followed by negligent misrepresentation and breach of contract.
- 2811718-017 : While some courts found that a complete lack of investor due diligence can amount to securities fraud or breach of contract, and that lacking due diligence can breach fiduciary duties, the majority of
- 2811718-024 : Failure to supervise and direct investment of assets in accordance with an investment plan's policy, together with offering memoranda or quarterly letters that misrepresent due diligence processes, ca
- 3017612-020 : Courts have recognized an enhanced fiduciary duty among participants in closely held corporations, holding that majority shareholders owe fiduciary duties not only to the corporation but to minority s
- 3017612-021 : Fiduciary responsibility follows actual control rather than formal office: a shareholder exercising absolute de facto control over a corporation owes fiduciary duties regardless of whether that shareh
- 3017612-022 : Contractual consent to a cash out does not extinguish fiduciary claims: a minority shareholder who agreed to receive cash for shares may still challenge the merger as a breach of fiduciary duty.
- 3071378-027 : Because directors must act in good faith and in the best interests of the corporation, and a diverse board helps protect against group thinking, fiduciary obligations supply a business reason for boar
- 3606663-015 : Institutional investors face a distinct barrier beyond volatility: fiduciary responsibility to their clients limits the type of risk they may take on, and the lack of custody solutions recognized by r
- 3936876-024 : Applying the trust label to digital asset firms without an accompanying fiduciary duty is problematic, because the typical legal obligation of a trust company is to place customers' interests above it