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Article

McGuireWoods LLP | USA | 18 Oct 2011

Recent cases of interest to fiduciaries: Part 6 trustee liability for investment losses (part one)

Gloria Figel established a trust for the benefit of her son, Terry, and grandson, Spencer, with Wells Fargo Bank, N.A. as trustee.

Article

Mayer Brown | United Kingdom | 11 Mar 2011

Hastings Bass

A recent Court of Appeal ruling will make it harder for trustees to unscramble past decisions.

Article

RPC | United Kingdom | 1 Jan 2011

Court of Appeal guidance on ‘loss of a chance’ damages

On 22 October 2010 Lords Justices Arden, Longmore and Patten handed down their judgment in The Law Debenture Trust Corporation plc v Elektrim SA.

Article

Chadbourne & Parke LLP | USA | 20 Sep 2010

Court invokes prudent man standard to uphold collateral trustee’s litigation reserve fund

After nearly fifteen years of unsuccessful attempts to recover $71 million worth of securitized bonds after the 1990 bankruptcy of Continental Airlines, Inc., Bluebird Partners L.P. may have suffered its final defeat.

Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 12 Jun 2009

Delaware court interprets Continuing Director “poison put” provision

Recently, the Delaware Court of Chancery issued a decision, San Antonio Fire & Police Pension Fund v. Amylin Pharmaceuticals, Inc. (“Amylin”), interpreting a “Continuing Director” clause contained in a change of control provision commonly found in many indentures and loan agreements.

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