Tag Archives: fiduciary duty

Guest Post: Playing the Blame Game: Fiduciary Duty Litigation in Bankruptcy Proceedings

An unfortunately frequent part of bankruptcy proceedings is the assertion of claims against the directors and officers of the failed company. In the following guest post, Joseph W. Swanson and Donald R. Kirk of the Carlton Fields law firm take a look at the kinds of claims these officials face, as well as the steps … Continue Reading

A Closer Look at the Massive $148 Million Damages Award Against Dole’ s CEO and General Counsel

A frequent theme these days in the world of corporate and securities litigation is the complaint about merger objection litigation – how virtually every deal announced attracts at least one lawsuit, and how all too often the cases are resolved on the basis of a disclosure-only settlement and the payment of the plaintiffs’ attorneys’ fees, … Continue Reading

Fiduciary Duty as a Source of Board Focus for Long-Term Shareholder Value Creation

The fiduciary duties of members of corporate boards are usually invoked in connection with directors’ potential liability exposures. However, in their January 2015 Harvard Business Review article entitled “Where Boards Fall Short” (here), Dominic Barton, global managing director of McKinsey & Co., and Mark Wiseman, President and CEO of the Canada Pension Plan Investment Board, … Continue Reading
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