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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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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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Kingsley Napley | United Kingdom | 29 Jul 2021

Civil Fraud Quarterly Round-Up: Q2 2021

This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June…
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Fasken | Canada | 21 Jul 2021

Equitable Compensation in Indigenous Rights Cases Must Be Consistent with the Crown’s Fiduciary Duty

On July 16, 2021, the Supreme Court of Canada released its judgment in Southwind v. Canada, 2021 SCC 28, in which the Court allowed an appeal brought…
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Steptoe & Johnson LLP | USA | 2 Jul 2021

SCOTUS Agrees to Hear ERISA ‘Excessive Fee’ Case

The Supreme Court today granted a petition for a writ of certiorari to review the Seventh Circuit’s decision in Divane v. Northwestern University…
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