law to adopt a flexible and pragmatic approach to a director's fiduciary duty post-resignation, and that such an approach …

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 …

, hereafter identified as Keay's text, and Directors' Duties During Insolvency by Allens Arthur Robinson, hereafter identified as … considered an insolvency practitioner's guide. However, both texts contain elements of interest for academics and insolvency …

these reforms is through state law fiduciary duties. My article demonstrates how state courts have started to enforce the … governance mandates under the reforms through fiduciary duties. Specifically, in my article I examine the watershed Disney case … shareholder expectations in fiduciary duty law, thereby making directors more responsive to the shareholders who elected them …

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 …

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 …

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 …

the so-called fiduciary duty to creditors. If the duty to creditors is created only at insolvency or dissolution, what … fiduciary obligation occurring at dissolution or insolvency …-protection provisions in indenture and other contractual arrangements with the corporation? Does this fiduciary duty arise from, and is it …

In this chapter, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across …