Fiduciary Duty, Equity

The trustee has brought a reformation action to reorder the equitable property rights of the trust’s beneficiaries: Spotting the...

Charles E. Rounds, Jr. - Suffolk University... on 7/25/2024

Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more

Celebrating Black History Month: A Conversation With Anita Hill

Morrison & Foerster LLP - MoFo+ on 3/5/2024

MoFo continued its celebration of Black History Month by hosting a fireside chat with Washington, D.C. partner Val Dahiya and guest speaker Anita Hill. A Brandeis University Professor of Law, Social Policy & Women’s and...more

“Equitable Buyout” as a Remedy for LLC Wrongdoing?

Patton Sullivan Brodehl LLP on 6/26/2023

In the world of LLCs, buyouts — where one member sells his/her membership interest to another member or the LLC itself — are commonplace. Buyouts generally fall into one of two categories: contractual — where the...more

AG Coalition Accuses Proxy Advisors of Prioritizing Environment, Diversity over Financial Gain for Clients

Cozen O'Connor on 1/20/2023

A group of 22 AGs wrote a letter to proxy advisory firms International Shareholder Services, Inc. (ISS) and Glass, Lewis & Co. accusing the companies of potentially violating federal and state laws regarding the advice and...more

A Loan Is a Loan Is a Loan, Except When It’s Equity

Farrell Fritz, P.C. on 6/6/2022

Disputes over capital accounts and equity percentages are frequent fodder for business divorce litigation — especially in LLCs without operating agreements. Exemplars previously treated on this blog include Chiu v Chiu, an...more

Keeping Eyes Wide Open When New Members Join the Pack: A Cautious Approach to the Addition of New Business Partners

Winstead PC on 6/9/2020

There are many reasons for business owners to consider adding new partners, including to secure additional capital, to add needed expertise to help grow the company, to bring family members or close friends to join in...more

2019 Year in Review: Securitization Litigation and Regulation

Cadwalader, Wickersham & Taft LLP on 1/30/2020

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect. A...more

Fiduciary Duty › Equity