This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that … the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary … fiduciaries by the courts. The dominant academic view of fiduciary relationships is therefore incomplete because it does not …

are subject to a strict fiduciary standard to act in their clients' best interest while brokers are subject to a less … fiduciary duty on brokers that give advice. This Article is about whether the SEC should exercise its authority. After … explaining the historical context regarding the debate over a fiduciary standard, the Article critiques common arguments for a …

explains fiduciary principles in investment advice. Looking at United States federal and state law, the paper first addresses … when an adviser is considered a fiduciary. Next, it discusses the fiduciary duty of loyalty and how the duty is expressed … and applied in investment advisory relationships. The paper then takes up the fiduciary duty of care and how it differs …

At the heart of corporate governance are fundamental doctrines that limit court scrutiny of fiduciary and stockholder … fiduciary decisions when a fiduciary has financial stakes on both sides of the challenged transaction (as with Elon Musk in the … guidance as to shareholder cleansing but also provide guidance in selecting the proper standard of review of fiduciary …

two issues: to what extent should investment bankers have fiduciary duties to investors? And should there be criminal … problems that might exist in the investment banking industry. Fiduciary duties are an amorphous concept which courts and … problems with fiduciary duties would be significantly exacerbated by imposing criminal liability for their breach …

dealing with such fraud or lack of judgment. Misreporting for personal benefit was clearly a breach of the fiduciary duty of … the emerging fiduciary duty of good faith. The article also points out that the misdeeds occurred in the banks during an …