Litigation

Fiduciary Duties of Activist Shareholders
My friends and UCLAW colleagues have posted a paper on Fiduciary Duties for Activist Shareholders. Abstract: Corporate law and scholarship generally assume that public corporations are controlled by professional managers, while shareholders play only a weak and passive role...

Fiduciary Duties of Officers
Lyman Johnson has posted Having the Fiduciary Duty Talk: Model Advice for Corporate Officers (and Other Senior Agents), a paper that will be very useful to both academics but also, and perhaps especially, practitioners: Countless legal materials address the fiduciary duties of corporate directors...

The Fiduciary Duties of Directors of Troubled Companies: Emerging Clarity
For many years, there was a diversity of opinion — including judicial opinion — with respect to various issues connected to the duties of directors and officers in the troubled company situation...

Chancery Imposes Same Fiduciary Duty on Officers as Directors
Midland Grange No. 27 Patrons of Husbandry v. Walls, 2008 WL 616239 (Del. Ch., Feb. 28, 2008), read opinion here. This Delaware Chancery Court decision involves claims against officers of a fraternal non-profit organization for breach of fiduciary duty in connection with the transfer of property in alleged violation of the group's bylaws...

Fiduciary Duties for Activist Shareholders
Together with Iman Anabtawi, I have just issued a new article on SSRN entitled Fiduciary Duties for Activist Shareholders. The article is to be published in the Stanford Law Review, and a current draft is available here...

Court Imposes Caremark Fiduciary Duty on Corporate Officer
In Miller v. McDonald, et al., ( D. Del., Bankr., April 9, 2008), the Bankruptcy Court for the District of Delaware decided an issue of great importance to those who follow corporate governance issues related to the fiduciary duties of officers and directors...

Grubb & Ellis
alleging violations of fiduciary duties to shareholders and securities laws.

Mutual Fund Losses
alleging financial advisors breached fiduciary duties by not looking out for investors best interests.

Bankrupt Money Manager
Former officers to pay $10.7 million settlement in fraud lawsuit.

Lehman Brothers
allegedly breached ERISA duties for employee savings plan participants.

City and Mayor Whistleblower
Two officers awarded part of $8 million whistleblower settlement.