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15 results found


Whiteford Taylor & Preston LLP | USA | 19 Sep 2011

Fiduciary duty: understand it -- don't fear it!

Members of a Community Association Board are sometimes confronted with an accusation that they have breached their fiduciary duty -- that is, the duty they owe their fellow owners to act impartially in the best interest of the entire community.


Reed Smith LLP | USA | 14 Sep 2011

Director’s motion to dismiss breach of duty of good faith claim denied

The liquidating trustee appointed by the confirmed chapter 11 plan brought an adversary proceeding against a minority investor of the debtor, and a former director of the debtor, alleging that: the investor and the director had breached the fiduciary duties owed to the debtor, and the investor had defrauded the debtor.


Shepherd and Wedderburn LLP | United Kingdom | 25 May 2011

Implications of Scotland Bill, the latest from the Pensions Regulator and comfort for employers on changing discretionary practices

In this month's Pensions E-Bulletin, we consider a number of issues including the potential implications of the Scotland Bill for the taxation of UK pension schemes, the current goals of the Pensions Regulator set out in its annual corporate plan, the Regulator's drive to improve scheme administration, and the Prudential case, giving employers some comfort when changing discretionary practices in their scheme.


Herbert Smith Freehills LLP | United Kingdom | 17 May 2011

High Court sets the bar high for challenging the employer's exercise of a discretionary power under the employer's implied duty of good faith

In Prudential Staff Pensions Ltd v The Prudential Assurance Company Ltd and others 2011 EWHC 960, the High Court has emphasised how difficult it is for pension scheme members to challenge the employer's exercise of a discretionary power under the employer's implied duty of good faith to members of its pension scheme - members must show that the employer's conduct was irrational or perverse so as to have seriously damaged the employer's relationship with the members.


Dentons | United Kingdom | 26 Apr 2011

The Prudential case: a legal breath of fresh air

The High Court gave judgment on 14 April in a marathon case between the Prudential and members of its pension scheme over pension increases.


Mayer Brown | United Kingdom | 20 Apr 2011

Challenging decisions made by sponsoring employers and trustees important guidance from the High Court in the Prudential case

This is an important case about the employer's duty of good faith, in particular in the context of discretionary pension increases.


CMS Cameron McKenna Nabarro Olswang LLP | United Kingdom | 14 Apr 2011

The Prudential case: changing policy on discretionary pension increases

The High Court has today handed down a much-anticipated decision, Prudential Staff Pensions Limited v The Prudential Assurance Company Limited.


Nabarro LLP | United Kingdom | 21 Dec 2010

Compromise of disputed entitlements is not a surrender: Court of Appeal

The Court of Appeal has given a decision on a point of law arising out of the recent case of HR Trustees v German.


Locke Lord LLP | USA | 9 Sep 2010

Court rules D&O policy’s Side-A benefits not property of bankrupt estate

A Maryland bankruptcy court has declared that Side A benefits under a D&O policy are not property of the bankrupt estate, with the result that two former executives who have been accused of making illegal payments and diverting funds from their former employer to start a new venture may be able to recoup certain defense costs.


Matheson | Ireland | 4 Aug 2010

Trustees and charities

The Minister for Community, Equality and Gaeltacht Affairs has published an Order commencing certain provisions of the Charities Act 2009.

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