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Pace University

Legal Ethics and Professional Responsibility

Corporations

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Full-Text Articles in Law

To Disclose Or Not To Disclose. That Is The Question For The Corporate Fiduciary Who Is Also A Pension Plan Fiduciary Under Erisa: Resolving The Conflict Of Duty, Shelby D. Green Jan 2007

To Disclose Or Not To Disclose. That Is The Question For The Corporate Fiduciary Who Is Also A Pension Plan Fiduciary Under Erisa: Resolving The Conflict Of Duty, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article examines the seeming irreconcilable conflict faced by the pension plan fiduciary, who is a corporate insider, to disclose or not to disclose material, inside information to plan participants, who would use the information to divest investments in company stock, without disclosing the same information to persons on the other side of these trades. The Article begins with a general discussion of the regulation of trade in securities and the history of the insider trading laws under the Securities Exchange Act of 1934. Part III discusses the soundness of the prohibition against insider trading. Part IV explains the duties …


New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson Jan 1974

New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.