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Fundamental fiduciary principles have survived intact for centuries, yet their interpretation has been dynamic. Given changes over the past few decades in global economic, capital management, and market structures, we appear to be at another inflection point in the understanding of fiduciary...
Persistent link: https://www.econbiz.de/10013120012
As society increasingly faces governance challenges at all levels, there is a growing recognition of the need to take a longer term and more systemic view of fiduciary obligations. We begin this article with a summary discussion of how fiduciary duties have developed and been applied in the...
Persistent link: https://www.econbiz.de/10013086262
As society increasingly faces governance challenges, recognition is growing that a longer-term and more systemic view of fiduciary obligations is needed. This article reviews the singular efforts of the Supreme Court of Canada to develop a broader conceptual framework for such duties. Looking...
Persistent link: https://www.econbiz.de/10013075656
Among the lessons from the recent market crisis is the interconnected nature of the challenges we face, and that we can no longer afford myopic responses. This reality has material implications for pension fund trustees and managers. The time has come for them to lead rather than be dragged...
Persistent link: https://www.econbiz.de/10013155333
The purpose of this paper is to explore a more constructive role for corporate boards — one that would entail directors recognising the operational primacy of management and focusing their attention on the manner in which a corporation can best fulfil its long-term strategy. Paying more...
Persistent link: https://www.econbiz.de/10013025781
The doctrine of reasonable expectations has evolved into a powerful tool for judicial and regulatory activism and, as a result, a bellwether for the trajectory of the law. The concept has broadened — both in scope and in the range of potential claimants. Yet it has been used to achieve goals...
Persistent link: https://www.econbiz.de/10012993686
Informational asymmetries, misaligned incentives, and artificially elongated chains of intermediation have created a disconnect between the financial sector and the “real economy” that is detrimental to the public interest. Courts and regulators are increasingly intervening to break the...
Persistent link: https://www.econbiz.de/10013046365
Informational asymmetries, misaligned incentives, and artificially elongated chains of intermediation have created a disconnect between the financial sector and the real economy that is detrimental to the public interest. Courts and regulators are increasingly intervening to break the cycle....
Persistent link: https://www.econbiz.de/10013047234