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 …

that imposes on financial advisers to retirement savers “fiduciary” status under the Employee Retirement Income Security … Act. The Department reasoned that the fiduciary duty of loyalty was necessary to protect retirement savers from conflicted … investment advice. But in addition to a duty of loyalty, ERISA fiduciary status also imposes a duty of care or prudence. And with …

exacerbated by their inadequate regulation. This paper will critically examine these two central issues and examine whether and …

ideal recommendation is vulnerable to the self-serving behavior of the agent. Regulation that decreases the agency costs to … maximize their own welfare within the boundaries of the regulatory rulebook. Applying a fiduciary standard to all financial …

using a corporate fiduciary and of appointing co-fiduciaries …

corporate governance and the role of regulation in encouraging institutional investors to become active stewards. I approach … activism be cured by regulation? The U.S. experience, in which substantial deregulation has led to only modest increases in …

This Article offers a broad theory of what distinguishes investment funds from ordinary companies, with ramifications … contracting and regulation and refutes the claims of skeptics who say that fund investors would be better off if they employed …