... for a target board to satisfy its fiduciary duties in a change of control context. In many cir... the general applicability of a strict Revlon duty to focus exclusively on the maximization of shareh...
...' interests, and the scope of an employer's duty as administrator of a pension plan under the Compa.... Background . Indalex Limited (Indalex Canada) sponsored and administered two defined benefit (D... that Indalex Canada had breached its fiduciary duty as administrator of the Union and Executive P...
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... courts reason, the defendant must owe some duty to provide honest services to some person who has ... extracted from Hollinger but, rather, from Canada, in the form of a tax benefit.415 On appeal, howev...
... Marie Deschamps of the Supreme Court of Canada and Jeff Barnes, a senior partner in BLG's M&A gro... diligence and in the exercise of their duty, that the offer is inadequate or is a sham offer t... the corporation and to exercise their fiduciary duty to protect shareholders interests, as long as...
..., the Assisted Human Reproduction Agency of Canada [Agency], which may use the information for a numb..., which are core components of the fiduciary duty owed by the physician to the patient. This may, in...
... Marie Deschamps of the Supreme Court of Canada and Jeff Barnes, a senior partner in BLG's M&A gro... diligence and in the exercise of their duty, that the offer is inadequate or is a sham offer t... the corporation and to exercise their fiduciary duty to protect shareholders interests, as long as...
... rules of decision; and the burdens of jury duty." Id. (quoting Gilbert, 330 U.S. at 508-09). ...'misrepresentation' and 'breach of fiduciary duty' claims took. place in Canada, not in the Uni...
2011 SCC 24 (released May 12, 2011) . Fiduciary Duty - Government - Civil Procedure . In this unannimous decision of the Supreme Court of Canada, the court determined that there is no fiduciary d...
... concerns are grounded in questions of fiduciary duty and contractual interpretation in light of in.... A general partner in Canada is generally viewed as having fiduciary duties to ...
...In Canada, one out of every thirteen patients in non-special...
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