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Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary …
Persistent link: https://www.econbiz.de/10011772412
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subject to a sacred trust known in the law as fiduciary duty. Recently, these trustees have come under increasing pressure to … investors of all stripes, but many trustees have resisted its use on the grounds that doing so may violate the fiduciary duty of … loyalty. Under the “sole interest rule” of trust fiduciary law, a trustee must consider only the interests of the beneficiary …
Persistent link: https://www.econbiz.de/10011926900
. 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
inharmonising sustainability-related (i) disclosure rules and (ii) fiduciary duties, not onlyacross Member States, but also across … ofsustainability-related disclosure rules and fiduciary duties there is still a long way togo. And even if we reach the required degree …
Persistent link: https://www.econbiz.de/10012436760
shareholders, leaving board members with conflicting fiduciary duties and litigation risks. Exploiting an important court ruling … that establishes the board’s fiduciary duties to common shareholders as a priority, we find that after the ruling maturing … has important implications for optimal fiduciary duty design in VC-backed start-ups. …
Persistent link: https://www.econbiz.de/10013279443
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
It is one of the well-known cornerstones of corporate governance that (minority) share-holders are subject to a risk of being expropriated by the controller of the firm, i.e. either entrenched management under a dispersed ownership structure or a controlling share-holder under concentrated...
Persistent link: https://www.econbiz.de/10011734959