News & Analysis as of

Fiduciary Duty Institutional Investors

Carlton Fields

Investment Adviser Hedge Clauses: A Suitable Tool to Limit Liability or an SEC Enforcement Red Flag?

Carlton Fields on

A “hedge clause,” when incorporated into an investment advisory agreement, is designed to limit an adviser’s liability to its advisory client. Even carefully worded hedge clauses, however, can attract unwanted SEC enforcement...more

Goodwin

ERISA Litigation Update - October 2022

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Key Takeaway: The Sixth Circuit largely affirmed the grant of a motion to dismiss, but reversed the district court’s dismissal of the plaintiffs’ claim that the defendants had failed to select the lowest-cost share class of...more

Goodwin

Delaware Chancery Court Clears Musk of Breach of Fiduciary Duty Claim

Goodwin on

On April 27, 2022, the Delaware Court of Chancery in In re Tesla Motors Stockholder Litigation rendered a post-trial verdict finding for Elon Musk, co-founder and CEO of Tesla Motors, Inc., on claims that Musk breached his...more

Benesch

Shareholders Seek to Hold Current and Former SolarWinds Officials Liable for Massive 2020 Security Breach

Benesch on

Investors filed a derivative suit claiming that the company knew about, and failed to mitigate known, existing cybersecurity risks and shortfalls prior to the security breach. In early November, pension funds and...more

Orrick, Herrington & Sutcliffe LLP

What's New in Corporate Governance and Securities Law - October 18, 2019

Corporate Governance and Securities Law Developments - Directors Can Be Held Liable for Failure to Oversee “Mission Critical” Regulatory Compliance - On October 1, the Delaware Court of Chancery refused to dismiss a...more

Bennett Jones LLP

What You Need to Know About ILPA Principles 3.0

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The Institutional Limited Partners Association (ILPA) recently released the latest version of its principles, ILPA Principles 3.0. The updated principles provide a detailed selection of best practices for participants in the...more

Foley & Lardner LLP

Shareholder Activism Pushes Boundaries of Board Duties

Foley & Lardner LLP on

Under the traditional model of corporate governance, boards of directors owe fiduciary duties to one group, and one group only — the company’s shareholders — to maximize the value of their shares. But, times are changing. In...more

Wilson Sonsini Goodrich & Rosati

DOL Issues New Guidance for ESG Investing by Plan Fiduciaries

The U.S. Department of Labor (DOL), which oversees Employee Retirement Income Security Act-covered (ERISA) employee benefit plans, recently released new regulatory guidance "clarifying" that "fiduciaries may not sacrifice...more

Orrick - Finance 20/20

European Commission Launches Consultation on Investors’ and Managers’ Duties Regarding Sustainability

Orrick - Finance 20/20 on

On November 13, 2017, the European Commission launched a public consultation on institutional investors’ and asset managers’ duties regarding environmental and social sustainability. The consultation is open for responses...more

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