Fiduciary duty or loyalty? Evidence from co-opted boards and corporate misconduct

Law and Corporate Boards: Evidence from Europe

When minority shareholder laws are strong, then minority shareholders should have more power to affect board composition and structure. Therefore, countries with strong minority shareholder laws should have ‘good’ corporate boards of directors (i.e., one that looks out for minority shareholders’ bests interests). Assuming that boards with independent directors and fewer directors are indicative...

Participatory Liability for Breach of Trust or Fiduciary Duty

Confusion surrounds the equitable liability of a third party to a trust or fiduciary relationship who participates in a breach of the trust or fiduciary duty, but without necessarily receiving trust property.1 Compounding this confusion is the absence of consensus in courts that share a common Chancery law heritage. Notably, the English courts, including the Privy Council within that term, and ...

Medical research oversight from the corporate governance perspective: comparing institutional review boards and corporate boards.

New Intra - System Fiduciary Duty Decision

Health lawyers representing nonprofit systems, or their component entities, should note a significant new ruling addressing intra-system fiduciary duties. On Thursday, May 26, a federal district court Judge issued a decision in the long-running litigation involving Lifespan Corporation and New England Medical Center (now known as Tufts Medical Center in Boston, MA). The decision is a complex, f...

State-Owned Enterprises and Corporate Governance Strength: Evidence from Indonesia

Background: This study investigates whether state-owned enterprises (SOEs) in Indonesia implement stronger corporate governance than do non-SOEs. It can be argued that as a large dedicated institutional investor, the Indonesian government has an incentive to strengthen corporate governance in SOEs and possesses the ability to bear the cost of implementing stronger governance. Research Methods: ...