relationship. Part of the definition is that trusts are fiduciary relationships. As interpretation of the statute will take into … account common law principles, this reform provides an opportunity to reflect on what fiduciary means in trust law. The … article identifies five distinct conceptions of the fiduciary in trust cases. While all five are concerned with restraint on …

Canadian pension fund managers generally are subject to fiduciary duties requiring them to act with loyalty and care in …

This book chapter traces the divergence between the development of director and officer fiduciary duties. The chapter … explores the causes and consequences of this gap in corporate law. Using officer fiduciary doctrine as an example, the chapter … highlights the fragile relationship between stockholder litigation and fiduciary duties and the consequences for doctrinal …

and value are determined on a market exchange. The book uncovers profound questions about personal autonomy and fiduciary …

endorsed the status quo. In the nearly fifty years since then, the courts have interpreted fiduciary duty so narrowly that no … plaintiff has met the judicially established fiduciary standard. One interpretation is that federal courts established this … extreme and subjective fiduciary standard out of self-interest and a reluctance to enforce what could be interpreted as a rate …

This chapter examines fiduciary duty in corporate law. Fiduciary duty is pervasive as well as all encompassing in … corporate law. One common misconception about fiduciary duty in corporate law is that it is merely aspirational. Fiduciary … the law. Corporate law has often compromised rather than insisting upon strict enforcement of fiduciary law principles. It …

guidance identifies, under the Investment Advisers Act of 1940 (Advisers Act or Act), a “principles-based fiduciary duty” that … a corresponding “principles-based fiduciary duty” owed by proxy advisors to their clients. This fiduciary duty would … fiduciary duty would fall on the SEC, not the investment advisers. The following provides the argument for this additional …

Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both … law conducive to good capital market development. However, fiduciary duties in these two jurisdictions often operate in … only in the US fiduciary duties are typically enforced by the courts, whereas in the UK, corporate law enforcement is …

expanded managerial fiduciary duties in favor of creditors for Delaware-incorporated firms in the vicinity of insolvency. In …