opinions on whether broker-dealers should be subject to a fiduciary duty when advising retail and institutional investors. This … paper focuses on the advisability of such a proposal for institutional investors. It shows that (1) a fiduciary duty could … benefit of fiduciary duty is much narrower than what its proponents believe. (2) Institutional investors face substantial …

longer term and more systemic view of fiduciary obligations. We begin this article with a summary discussion of how fiduciary … to develop a broader conceptual framework for fiduciary duties and consider steps that might be taken to address and …

This Article assesses a fundamental puzzle concerning directors' fiduciary duties. While courts have gradually refined … the content of fiduciary duties, they have yet to clearly determine which parties are the beneficiaries of these duties … of the existing doctrine. An underappreciated feature of the current ambiguity is that it facilitates dynamic fiduciary …

stand in a fiduciary relationship with one another” an accurate statement of the law? In fact it is not. As is detailed … herein, as a matter of positive law, (i) no Kentucky court has held there to be a fiduciary relationship among shareholders …, each addressing inter-owner fiduciary duties, the absence of a statutory inter-shareholder duty must evidence the absence …

's position on default fiduciary duties. Next, this article analyzes the DLLCA, discussing its objective to give maximum effect to … the principle of freedom of contract and its lack of linkage to the common law of fiduciary duties. This article also … posits that, after a reasoned statutory construction of §18-1101, no default fiduciary duties obviously existed in the DLLCA …

. Organizational law supplies a set of contractarian rules, some of a fiduciary character, that provide for the governance of the …

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to … matter of primary right, by virtue of their exclusive claim over fiduciary power as a means derived from their own legal …

Judges have concluded that shareholders have no status fiduciary duty to their corporations. They have also concluded …