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Fiduciary Duty › Restitution

Foley & Lardner LLP

Seventh Circuit Clarifies Parties’ Rights to a Jury Trial When Pursuing Equitable Aiding and Abetting Breach of Fiduciary Duty...

Foley & Lardner LLP on

The Seventh Circuit recently analyzed when a party has a right to a jury trial for claims of aiding and abetting breaches of fiduciary duties arising out of a merger. The Court acknowledged that the Delaware-law claims at...more

Jones Day

In Brief: Court Rules Against Lyondell Litigation Trustee on LBO Fraudulent Conveyance Claims

Jones Day on

In Weisfelner v. Blavatnik (In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company ("Lyondell") handed down a...more

Winstead PC

Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes

Winstead PC on

There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some...more

Proskauer - Employee Benefits & Executive...

Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy

Proskauer - Employee Benefits & Executive... on

The Third Circuit recently held that a plaintiff was not entitled to a monetary, equitable remedy under ERISA § 502(a)(3) where he failed to prove actual harm. Perelman v. Perelman, Nos. 14–1663, 14–2742, 2015 WL 4174537 (3d...more

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