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Agents Fiduciary Duty

Pierce Atwood LLP

Developments in Class Action Litigation Surrounding the Paycheck Protection Program

Pierce Atwood LLP on

As more class actions are filed every day related to the COVID-19 pandemic, a growing number of plaintiffs are asserting claims against banks that acted as participating lenders in the Paycheck Protection Program (PPP). The...more

BCLP

Agents Under Power of Attorney – Where Will You Get Hauled Into Court?

BCLP on

Powers of attorney can be matters of convenience or matters of necessity – the principal either doesn’t want to do something or the principal can’t do something. For the agents under a power of attorney, allowing yourself to...more

Allen Matkins

Professor Bainbridge On My “Beef” With Gantler v. Stephens

Allen Matkins on

Professor Stephen Bainbridge yesterday provided a well considered assessment of my “beef” with the Delaware Supreme Court’s holding in Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009) that “the fiduciary duties of officers...more

Allen Matkins

What The Delaware Supreme Court Overlooked In Gantler v. Stephens

Allen Matkins on

I have never been reconciled to the Delaware Supreme Court’s pronouncement in Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009) that “the fiduciary duties of officers are the same as those of directors”. Officers are, as...more

Allen Matkins

Court Poised To Decide Whether Directors Are Agents

Allen Matkins on

Not quite four years ago, I wrote about whether directors are agents. The post was prompted by then Chancellor William B. Chandler III’s assertion...more

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