This paper discusses the duties of a fiduciary with respect to underperforming assets held in a client's account. A … trustee, investment adviser, and investment manager each is a fiduciary. Because trust law most clearly articulates fiduciary … rules, this paper focuses on trust law as the principal foundation of fiduciary law. Although investment advisers are not …

partner, owes default fiduciary duties, but what of these second-tier managers? Technically, it is the managing entity that …, to articulate a clear rule as to when fiduciary duties should attach to second-tier managers that also makes allowances … currently applied, are inadequate to address this issue. Finally, this article offers a unique solution as to when fiduciary …

fiduciary-like duties because they act as representatives when casting their ballots. The Supreme Court, by contrast, has … suggested that voters are not agents of the people and thus have no fiduciary obligation. By focusing on whether direct … — fiduciary duty — from private law designed to combat a governance problem absent from direct democracy: a principal …

case law on the statutory oppression remedy and directors' fiduciary duties, this article demonstrates how the two actions … directors. As a result, proof of breach of fiduciary duty may give rise to an equitable remedy and a remedy for oppression under … regulatory power of the shareholders of closely-held corporations and the augmentation of the prophylactic function of fiduciary …

Pritchard J in the Western Australian Supreme Court concerning directors' fiduciary duties (in the context of alleged fiduciary …

create massive legal risk for any pension fiduciary or service provider. The American Legislative Exchange Council “boycott … bill” and the “fiduciary duty” bill, if adopted, would impose irreconcilable legal requirements on such fiduciaries, and … conflict with the bills’ stated goals.The boycott bill and the fiduciary duty bill dramatically increase liability risk for …

them to breach fiduciary duties imposed by laws governing charitable corporations?This article maintains it does. Trustees …