In re RegO Co. involved the classic conflict between mass products liability claims and corporate dissolution law and the so-called fiduciary duty to creditors. If the duty to creditors is created only at insolvency or dissolution, what principle of corporate law justifies the transformation?...

This article describes the dual objectives of bankruptcy: the financial rehabilitation of debtors and the satisfaction, to the greatest extent possible, of creditors' claims. The first objective promotes the "fresh start" notion, by holding some of debtors’ assets outside the reach of...

In steadily increasing numbers, trust scholars are embracing the view that fiduciary duties are mere default rules, freely waivable by the parties to the trust document. This view parallels the default rule model developed in corporate law by Frank Easterbrook and Daniel Fischel, who have argued...

Commonwealth jurisdictions face a unique risk when English authorities are misunderstood or misapplied by local courts: erroneous legal rules can quickly become entrenched in the local laws, which are difficult to undo. The Malaysian jurisprudence in relation to the liability of third parties...