Contracting out of fiduciary duties

Fiduciary Duties and Equity‐Debtholder Conflicts

Working papers are in draft form. This working paper is distributed for purposes of comment and discussion only. It may not be reproduced without permission of the copyright holder. Copies of working papers are available from the author. Abstract. We use an important legal event as a natural experiment to examine the effect of management fiduciary duties on equity‐debt conflicts. A 1991 Delawar...

Fiduciary Duties and Equity-Debtholder Conflicts

Opting In and Opting Out: Bargaining for Fiduciary Duties in Cooperative Ventures

On Fiduciary Duties of Controlling Shareholders of Targeted Corporation

In the acquisition of listed corporation, the controlling shareholders who either hold a certain number of shares, or play a decisive role in the transfer of corporation control. Compared with the minority shareholders, controlling shareholders often abuse its dominant position to harm other stakeholders' interests of the corporation. Imposing the fiduciary duties to the controlling shareholder...

Bargaining for Fiduciary Duties: Preserving the Vulnerability of the Disadvantaged?