Interest-Balancing vs. Fiduciary Duty: Two Models for National Security Law

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...

Holding the Government to Account: the ‘stolen Wages’ Issue, Fiduciary Duty and Trust Law

[This article examines whether trust or fiduciary law provides potential ‘stolen wages’ plaintiffs with a strong basis for a claim over money in bank accounts that previous governments held on the plaintiffs’ behalf. It also considers the broader issue of whether governments owed a fiduciary duty flowing from their obligations under general ‘protective’ legislation to prevent such workers from ...

Workers vs. Shareholders under United States Corporate Law: Reforming Corporate Fiduciary Law to Protect Worker Interests

Despite both socio-economic and equitable reasons to consider workers'1 interests in boardroom decision-making, 2 corporate boards have usually ignored such interests, and corporate law in the United States generally has not imposed a fiduciary duty on these boards to take account of those interests. 3 Yet the social and economic consequences of corporate boards' lack of concern for workers' in...

Fiduciary law in the hospital context: the prescriptive duty of protective intervention.

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 ...