We use an important legal event as a natural experiment to examine the effect of management fiduciary duties on equity …-debt conflicts. A 1991 Delaware bankruptcy ruling changed the nature of corporate directors' fiduciary duties in firms incorporated … introduced. We conclude that managerial fiduciary duties affect equity-bond holder conflicts in a way that is economically …

question, it provides a deeper understanding of how and why Delaware courts are invoking the fiduciary duty of disclosure. This … these concerns, not by using the duty of loyalty as one might expect, but rather by invoking the fiduciary duty of … Chancery Court. Part II discusses recent cases that raise the fiduciary duty of disclosure, drawing a distinction between those …

Corporate fiduciary duty standards are at an all time low.Normative justifications offered to support lax corporate … fiduciary duty standards, however, are weak. The justifications fail adequately to provide a persuasive reason for abandoning … managerial accountability.A strong version of corporate fiduciary duties provides an economic incentive for efficient and fair …

the difficulty. It then reviews the fiduciary duties imposed on brokers and advisers in their historical context and … provides concrete examples where the duties can be differentiated. The article then explains why a fiduciary obligation should …

invasion of fiduciary duties into Taiwan law, a long civil law jurisdiction. Unlike common law jurisdictions, such … in Taiwan, this paper will argue that the way Taiwan transplanted fiduciary duties created several problems. First, the … fiduciary duties. The next question is how to deal with the vacuum left by abstract legislative transplantation. One way to …

of respondeat superior liability principles to impose ERISA fiduciary liability (“vicarious fiduciary liability”) upon a … corporation for the fiduciary activities of its employees or agents. The Article proposes that the federal courts should adopt a … federal common law rule of vicarious fiduciary liability under ERISA based on the traditional scope of employment approach …

The Delaware Supreme Court recently held that corporate directors' fiduciary duties do not expand beyond the enterprise … federal fiduciary duty to creditors in the Bankruptcy Code? This Note analyzes and proposes answers to these questions …