This study examines the effect of managerial fiduciary duties on the likelihood of firms receiving going concern (GC …) opinions from their auditors. We exploit an influential 1991 legal ruling that expanded fiduciary duties of corporate directors … consistent with managers and directors with increased fiduciary duties toward creditors exerting less pressure on auditors and …

an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on … recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading … the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by …

What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct … these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are …

the line lawyers draw between fiduciary and nonfiduciary relationships. The Critical Resource Theory (“CRT”) of fiduciary … relationships is motivated by the property-rights theory of the firm. CRT holds that the distinguishing feature of fiduciary … relationships is that “a fiduciary exercises discretion with respect to a critical resource belonging to the beneficiary, whereas …

Fiduciary liability for attorney conduct generally extends only to direct clients of legal services. Over the last few … decades, however, the lawyer's role has expanded. Following this trend, fiduciary liability has also expanded to allow third …-party claims in certain limited circumstances. One example is the attorney aiding and abetting a client's fiduciary breach claim …

The trustees managing university endowment funds must comply with fiduciary duties that require the trustees to act in …

the same fiduciary duties as registered investment advisers ("Advisers"), primarily regulated under the Advisers Act, when … fiduciary standards governing personalized investment advice provided by Advisers.While laudable, revisions to the suitability … itself, be considered a violation of [any fiduciary duty] applied to a broker-dealer" and that a broker-dealer would not be …