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The PV tentatively proposes that the recognition of individual claims take place when an event has occurred that compels the government to disburse fiduciary resources and no further action is required by the beneficiary, and no additional condition has to be met, for the beneficiary to be entitled to receive the resources.
As a result, the fiduciary model suffers a kind of Goldilocks problem.
Part I elaborates the fiduciary theory of government.
Surprisingly, given their importance, we know relatively little about the justification for fiduciary duties.
Claims that have been made about the justification for fiduciary duties reflect two analytical strategies.
Why do plaintiffs' lawyers allege fiduciary breaches when they can more easily prove plain old negligence?
A debate continues to rage, 2 years after the passage of the Dodd-Frank Wall Street Reform Act, as to whether securities brokers always owe fiduciary duties to their customers.
In addition to a duty of loyalty, a fiduciary also owes a duty of care to carry out its responsibilities in an informed and considered manner and to act as an ordinary prudent person would act in the management of his or her own affairs.
Tess Ferrera, member of the Employee Benefits and ERISA and Fiduciary Litigation practice groups at law firm Miller & Chevalier Chartered
No company, director, or fiduciary can completely avoid the risk of legal action, but directors can take steps to mitigate their companies' fiduciary risk in several ways, including:
Part IV countenances some objections to the proposal from within the fiduciary concept.