Showing 1 - 10 of 462
While reference to "fiduciary duties" (plural) is routinely employed in the United States as a convenient short … "fiduciary duty." This contrast prompts some important questions about the doctrinal structure for duty of care analysis adopted … "fiduciary" duty? If so, then how should Delaware lawmakers and judges respond moving forward? In this Essay I argue that styling …
Persistent link: https://www.econbiz.de/10014151449
Persistent link: https://www.econbiz.de/10011951558
Persistent link: https://www.econbiz.de/10011312158
This paper studies the relationship between the Revlon duties and the principle of maximizing shareholders' interests, and its position under the systems of Corporate Law, and then identifies the characteristics of relevant laws in Japan and Delaware. When considering the duties of directors of...
Persistent link: https://www.econbiz.de/10012923512
Persistent link: https://www.econbiz.de/10012865939
comparative perspective, two core aspects of this “braided framework”. First, the Article considers fiduciary duties. It argues … that, although there are broad similarities in the scope and operation of fiduciary duties in common law jurisdictions … of their powers. These codes may also interact with fiduciary duties in complex and interesting ways, either …
Persistent link: https://www.econbiz.de/10012843797
probability) in business continuity that may justify it. Such are, going forward, the contents of their fiduciary duties where …
Persistent link: https://www.econbiz.de/10012844476
law to adopt a flexible and pragmatic approach to a director's fiduciary duty post-resignation, and that such an approach …
Persistent link: https://www.econbiz.de/10012824941
This article examines the specific fiduciary duties of directors which apply when the board of directors removes a … office. Recommendations are made relating to the fiduciary duties of directors in removing fellow board members from office …
Persistent link: https://www.econbiz.de/10012824974
enactment of CA 2006, s 170(5), such an argument is contingent upon the shadow director-company relationship being fiduciary in … nature. It is argued here that such a relationship is fiduciary in nature, but the current approach of the English courts of … application of fiduciary obligations to shadow directors. This position is supported by establishing a theoretical basis for the …
Persistent link: https://www.econbiz.de/10013048194