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regulation on the definition of "fiduciary." This collective guidance was designed to address employer and investment communities …' concerns about who was a fiduciary and what fiduciary status entailed. This Reflection suggests problems with the early ….First, the Department of Labor did not have prior experience implementing or regulating a fiduciary legal regime and, indeed, had …
Persistent link: https://www.econbiz.de/10013216260
these reforms is through state law fiduciary duties. My article demonstrates how state courts have started to enforce the … governance mandates under the reforms through fiduciary duties. Specifically, in my article I examine the watershed Disney case … shareholder expectations in fiduciary duty law, thereby making directors more responsive to the shareholders who elected them …
Persistent link: https://www.econbiz.de/10013159190
-Native Fiduciary Relationship in Canada 19 3 The Incidents of Colonialism 50 4 The Legislative and Jurisprudential History of the Crown …-Native Relationship in Canada 66 5 The Characterization of the Crown-Native Fiduciary Relationship by the Courts: Guerin v R 88 6 Judicial … Characterizations of the Crown's Fiduciary Duty after Guerin 111 7 The Status of the Crown's Fiduciary Duty 139 8 A Re-examination of …
Persistent link: https://www.econbiz.de/10013159559
The goal of this book is to clarify and contextualize the fiduciary concept. It endeavours to do so by initially … considering some of the difficulties that have beset fiduciary jurisprudence, some of which have led to the development of a … profound fiduciary paradox. The book then undertakes to develop a greater understanding of the fiduciary concept by examining …
Persistent link: https://www.econbiz.de/10013159562
Persistent link: https://www.econbiz.de/10013264432
This Article focuses on unifying fiduciary law in Civil Law and the Common Law systems. The problems that fiduciary law …. While in the Common Law fiduciary law is founded on property law, in the Civil Law similar fiduciary principles are found in …
Persistent link: https://www.econbiz.de/10013110340
circles, of the notion that fiduciary duty standards of conduct are aspirational and unenforceable. This theory, which I will … undermine fiduciary duties significantly. In this article, I will argue that fiduciary duty standards of conduct are duties …
Persistent link: https://www.econbiz.de/10013111577
assignment of fiduciary responsibility. It concludes that Australia's approach offers two lessons for the U.S. First, disclosure … participants. Second, to the extent possible, the locus of fiduciary responsibility for default investment products should be on …
Persistent link: https://www.econbiz.de/10013112517
relate to public and ERISA pension funds from a fiduciary perspective. Risk management, valuation, disclosure, failure to pay …
Persistent link: https://www.econbiz.de/10013126014
. Under the trustee's fiduciary umbrella there may be other advisors, including attorneys, portfolio managers, and trust … law, there of course lie unanswered questions. One of the biggest involves liability. A trustee is held to a fiduciary … standard; so what, exactly, are the duties owed by this new entity, the trust protector? Is the trust protector a fiduciary or …
Persistent link: https://www.econbiz.de/10013126688