fiduciary

The Trouble With NH's Uniform Trust Code

March 20, 2012 12:38

NH estate planning attorneys Jan Myskowski and Marla Matthews write in the New Hampshire Bar News about changes to the state's Uniform Trust Code intended to clarify the rights of beneficiaries and duties of trustees, and opportunities in the code that (in the wrong hands) could undermine the...

Elimination of LLC Manager's Fiduciary Duties Divides Appellate Panel

Peter A. Mahler
March 19, 2012 11:00

The Delaware limited liability company (LLC) is the preferred entity of choice for many New York-based business ventures for a number of reasons, including greater latitude in restricting or even eliminating the fiduciary duties of the LLC's managers. Delaware case law remains...

NJ: When is a retainer agreement unenforceable?

March 05, 2012 11:39

Alpert, Goldberg v. Quinn, 983 A. 2d 604 - NJ: Appellate Div. 2009 NJ:  attorney client retainer agreement Student Contributor: Christine Maharaj Facts: In the attorney-client retainer agreement the firm (defendants) stated that billing would be on an hourly basis, what hours would be...

Australia: directors' duties, de facto directorship and remedies for fiduciary wrongdoing

Robert Goddard
February 24, 2012 00:02

The Federal Court of Australia (Full Court) gave judgment earlier this week in Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 (on appeal from [2010] FCA 1129). There is much of interest in this important decision concerning de facto directorship, directors' duties and the remedies...

What Does Chancellor Strine's Auriga Capital Decision Teach Us About Fiduciary Duties of New York LLC Managers? (Part Two)

Peter A. Mahler
February 13, 2012 11:00

[This is the second of a two-part series on the basis for imposition of fiduciary duties on LLC managers. Part One (read here) reviewed a recent Delaware Chancery Court decision in which Chancellor Leo Strine, Jr. formulated that court's most comprehensive statement to date...