Meador Lecture Series 2005-2006: Fiduciaries Fiduciaries

Fiduciary Law in the Twenty-first Century

INTRODUCTION ............................................................................................. 1289 I. THE NATURE AND COMPONENTS OF FIDUCIARY RELATIONSHIPS AND THE RISKS THE RELATIONSHIPS POSE TO BOTH PARTIES .......... 1293 A. Components of Fiduciary Relationships .................................... 1293 B. While Fiduciaries’ Services Provide Benefits to Entrustors, the Services I...

The Role of Status in the Law of Obligations: Common Callings, Implied Terms and Lessons for Fiduciary Duties

The focus of this conference is on fiduciaries. This paper addresses an important and difficult question at the heart of the law concerning fiduciaries. But the question is not confined to fiduciary law. It has repercussions throughout the law of obligations. The question is the role played by the status or office of a person in determining the obligation owed. One possible answer to this quest...

Have Institutional Fiduciaries Improved Securities Class Actions ? A Review of the Empirical Literature on the PSLRA ’ s Lead Plaintiff Provision

GAO-07-703 Defined Benefit Pensions: Conflicts of Interest Involving High Risk or Terminated Plans Pose Enforcement Challenges

Highlights of GAO-07-703, a report to congressional requesters To protect workers' retirement security, the requesters asked GAO to assess: 1) What is known about conflicts of interest affecting private sector defined benefit (DB) plans? 2) What procedures does PBGC have to identify and recover losses attributable to conflicts? 3) What procedures does Employee Benefits Security Administration (...

Education and advice under ERISA for employee-directed 401(k) plans.

Section 404(c) regulation sets forth the conditions that plan fiduciaries must meet to be relieved of liability for the consequences of employees' control over their accounts. After reviewing applicable laws and regulations, the author concludes that employers desiring to provide employees with education and/or advice services through a third party should be able to do so while still obtaining ...