Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Behavior (1)
- Behavioral economics (1)
- Best interests (1)
- Broker-dealers (1)
- Class actions (1)
-
- Corporations (1)
- Cost-benefit analyses (1)
- Delaware (1)
- Disclosure (1)
- Enforceability (1)
- Fiduciary duties (1)
- Forum selection (1)
- Investment advisers (1)
- Investments (1)
- Investors (1)
- Law reform (1)
- Mandatory arbitration clauses (1)
- Securities and Exchange Commission (1)
- Securities regulation (1)
- Shareholders (1)
Articles 1 - 2 of 2
Full-Text Articles in Securities Law
Broker-Dealers And Investment Advisers: A Behaviorial-Economics Analysis Of Competing Suggestions For Reform, Polina Demina
Broker-Dealers And Investment Advisers: A Behaviorial-Economics Analysis Of Competing Suggestions For Reform, Polina Demina
Michigan Law Review
For the average investor trying to save for retirement or a child’s college fund, the world of investing has become increasingly complex. These retail investors must turn more frequently to financial intermediaries, such as broker-dealers and investment advisers, to get sound investment advice. Such intermediaries perform different duties for their clients, however. The investment adviser owes his client a fiduciary duty of care and therefore must provide financial advice that is in the client’s best interests, while the broker-dealer must merely provide advice that is suitable to the client’s interests—a lower standard than the fiduciary duty of care. And yet …
A Blended Approach To Reducing The Costs Of Shareholder Litigation, Valian A. Afshar
A Blended Approach To Reducing The Costs Of Shareholder Litigation, Valian A. Afshar
Michigan Law Review
Multiforum litigation and federal securities law class actions impose heavy costs on corporations and their shareholders without producing proportionate benefits. Both are largely the result of the agency problem between shareholders and their attorneys, driven more by the attorneys’ interests in generating fees than by the interests of their clients. In response to each of these problems, commentators have recommended a number of solutions. Chief among them are forum selection and mandatory arbitration provisions in a corporation’s charter or bylaws. This Note recommends that corporations unilaterally adopt both forum selection and mandatory arbitration bylaws to address shareholder lawsuits under state …