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Herbert Smith Freehills LLP | South Africa | 27 May 2022

The interplay between labour law and the entrepreneurial ambitions of employees

Jacqui Reed was recently interviewed on South African radio station Kaya FM to discuss the interplay between labour law and the entrepreneurial…
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Robins Kaplan LLP | USA | 28 Mar 2022

Thinking Ahead: Key Provisions to Consider When Drafting Entity Governing Documents

A company’s governing documents, whether they be corporate bylaws and shareholder agreements, limited liability company (“LLC”) operating agreements…
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McGuireWoods LLP | USA | 7 Mar 2022

U.S. Supreme Court Declines Review Ending Shareholder Fraudulent Transfer Litigation in Tribune

After more than a decade, litigation resulting from the failed leveraged buyout (LBO) of media giant Tribune Company has finally drawn to a close. On…
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Herbert Smith Freehills LLP | United Kingdom | 15 Feb 2022

Court of Appeal rejects novel argument that fraud victims should give credit for the “time value” of cash received as part of a fraudulent transaction

In the context of a claim brought by the victim of a fraud against the perpetrator, seeking damages for consequential loss of investment opportunity…
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Fox Rothschild LLP | USA | 2 Feb 2022

Supreme Court revives ERISA participants' excessive fee claims against university

The Supreme Court has ruled in favour of participants in the Northwestern University retirement plans, reviving their breach of fiduciary duty claims under the Employee Retirement Income Security Act. Given the wave of "excessive fee" cases brought against private employers and universities in recent years, this decision could be viewed as adding further fuel to the fire.
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RPC | United Kingdom | 18 Jan 2022

High Court finds that cryptocurrency exchange arrangement was not trust

The High Court decided that no trust could arise where two parties had agreed to an exchange of cryptocurrencies (in essence a sale and repurchase agreement), as the essential economic reciprocity precluded the existence of any trust. In the context of a worldwide freezing order, the Court, however, also decided that a personal fiduciary claim against a party holding cryptocurrency in respect......
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McGuireWoods LLP | USA | 10 Nov 2021

What is the Garner Doctrine, and why is it dangerous?

Under what is called the "fiduciary exception," a fiduciary's beneficiary sometimes may access otherwise privileged communications between the…
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Stokoe Partnership | Australia, United Kingdom | 19 Oct 2021

Fiduciary Duties and the liability to account: setting a proper limit

Fiduciary duties have a long history. Cicero, who wrote extensively on the broader theme, concluded: 'There is no aspect of life, public, private…
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Hall Benefits Law | USA | 13 Oct 2021

Seventh Circuit Revives State Law Claims Against Executives Acting As “Dual-Hat” Fiduciaries

In Halperin v. Richards, 2021 U.S. App. LEXIS 22348, 2021 WL 3184305 (7th Cir., No. 20-2793, July 28, 2021), the Seventh Circuit held that the…
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Stikeman Elliott LLP | Canada | 9 Aug 2021

Dishonesty and Bad Judgment but no Warnings: Ontario Court Upholds Fiduciary’s Termination for Cause

The Goruk decision provides a helpful example for employers of a situation in which an employee in a fiduciary position may be terminated for cause…
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