Tag Archives | #SecuritiesLaw

Reconnecting the chain tying people to abstractions by reconnecting fiduciary duty

Incidental Humans: Fiduciary Duty Drift and Restoration

Fiduciary duty did not begin as a doctrine about abstraction. It began as a response to vulnerability. In its equitable origins, fiduciary obligation emerged in the English Court of Chancery to restrain those who exercised discretionary power over the property or interests of another. Trustees, agents, guardians, and partners were bound not because they managed […]

Continue Reading ·
Rule 14a-8 A Cautionary Tale

Rule 14a-8: A Failed Experiment in Merit Regulation (Still)

Rule 14a-8: A Cautionary Tale About Abandoning Shareholder Voice Alan Palmiter’s recent essay, Rule 14a-8: A Failed Experiment in Merit Regulation (Still), offers a troublesome critique of the SEC’s long-standing role as arbiter of shareholder proposal “merits.” His diagnosis will resonate with many who have spent time in the trenches of Rule 14a-8. We have […]

Continue Reading ·

Powered by WordPress. Designed by WooThemes