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Persistent link: https://www.econbiz.de/10011951558
The fine balance between prevention of minority shareholder rights and the independent will of the majority shareholders to run the company they majorly hold is largely dependent on the securities enforcement agencies of the country. In India, The SEBI has engaged in minority protections at the...
Persistent link: https://www.econbiz.de/10014255906
Delaware precedent, primarily Trados and ODN, holds that corporate boards of directors owe fiduciary duties to holders … of preferred stock.Rarely analyzed or applied in an intra-corporate context, the fiduciary duty of impartiality allows a … fiduciary to exercise discretion while having a duty to act bona fide in the best interests of the beneficiaries as a whole …
Persistent link: https://www.econbiz.de/10012862631
. At the same time, however, confusion abounds about the intersection of fiduciary principles and ESG investing. This … fiduciary law generally prohibits collateral benefits ESG, but risk-return ESG can be permissible if supported by a reasoned and …
Persistent link: https://www.econbiz.de/10012427110
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 …
Persistent link: https://www.econbiz.de/10012866814
, the issue I address in this white paper is whether the fiduciary duties of a plan manager of an “employee pension benefit … BlackRock’s shareholder activism. This indirect approach is required as the fiduciary duties of ERISA do not generally extend to … mutual funds and ETFs and their investment advisors.This Article takes the position that a plan manager has a fiduciary duty …
Persistent link: https://www.econbiz.de/10014361900
my white paper, "The Conflict between Blackrock's Shareholder Activism and ERISA's Fiduciary Duties" based on these …
Persistent link: https://www.econbiz.de/10013250852
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
Under New Jersey corporate law, may a corporation adopt a mandatory arbitration provision in its bylaws that would require shareholders to bring federal securities law claims via separate individual arbitration? The issue is squarely raised by a recent shareholder proposal at Johnson & Johnson,...
Persistent link: https://www.econbiz.de/10012104461