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Fiduciary monitoring has become a hot topic as a result of the U.S. Supreme Court's decision in Tibble v. Edison … International, according to recent expert insights published by Analysis Group Managing Principal D. Lee Heavner and Fiduciary … article “Economic Analysis in Fiduciary Monitoring Disputes Following the Supreme Court's ‘Tibble' Ruling” (Bloomberg BNA …
Persistent link: https://www.econbiz.de/10013019434
The regulation of mutual funds in the United States arguably contains the world's most extensive system of fiduciary … facilitate industry innovations. But, the burdens of this enhanced system of fiduciary protections for mutual funds remain … systemic of fiduciary protections for mutual funds. Technological innovations, such as robo-advising, are likely to accelerate …
Persistent link: https://www.econbiz.de/10012827463
Department of Labor promulgated a rule 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 would protect retirement … savers from conflicted investment advice. But in addition to a duty of loyalty, fiduciary status also imposes a duty of care …
Persistent link: https://www.econbiz.de/10012989083
of trillions of dollars of other people’s money subject to a sacred trust known in the law as fiduciary duty. Recently … fiduciary duty of loyalty. Under the “sole interest rule” of trust fiduciary law, a trustee must consider only the interests of … ESG investing is required by the fiduciary duty of prudence. Against this backdrop of uncertainty, this chapter examines …
Persistent link: https://www.econbiz.de/10013321858
. At the same time, however, confusion abounds about the intersection of fiduciary principles and ESG investing. This …, which complicates assessment of ESG investing strategies; (3) we summarize the current theory and evidence on whether ESG … 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
Delaware precedent, primarily Trados and ODN, holds that corporate boards of directors owe fiduciary duties to holders … of preferred stock.Rarely analyzed or applied in an intra-corporate context, the fiduciary duty of impartiality allows a … fiduciary to exercise discretion while having a duty to act bona fide in the best interests of the beneficiaries as a whole …
Persistent link: https://www.econbiz.de/10012862631
and disciplines common to the management of every asset class are employed and modern portfolio theory, sophisticated risk …
Persistent link: https://www.econbiz.de/10012855757
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 …
Persistent link: https://www.econbiz.de/10013064275
This paper will review why it is difficult to apply the current custody rule to cryptocurrency hedge funds, and how the rule can be modified to better fit the peculiarities of this new asset class. The paper will look at the present state of the rule and its general application to hedge funds....
Persistent link: https://www.econbiz.de/10012862104
This is a chapter for a forthcoming volume Oxford Handbook of Financial Regulation (Oxford University Press 2014) (eds …. Eilís Ferran, Niamh Moloney, and Jennifer Payne). It provides an overview of EU financial regulation from the first banking … the accommodation of cross-border capital flows and their regulation necessarily require an orchestration of the …
Persistent link: https://www.econbiz.de/10010372581