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A Fresh Look At Director "Independence": Mutual Fund Fee Litigation And Gartenberg At Twenty-Five, Lyman P.Q. Johnson
A Fresh Look At Director "Independence": Mutual Fund Fee Litigation And Gartenberg At Twenty-Five, Lyman P.Q. Johnson
Scholarly Articles
This article contrasts how a robust conception of director independence plays a central role in the corporate law world while, in the mutual fund industry, independence is a shrunken conception playing only a marginal role. Over the last twenty-five years, director independence in corporate law has gained wide acceptance as being desirable and it has become a critical component of fiduciary duty analysis. Within the mutual fund industry, however, independence remains fiercely contested. The more obvious battle over independence has occurred in response to the Securities and Exchange Commission's ("SEC's") rulemaking effort to alter the standard for granting certain regulatory …
The Mcnulty Memorandum, The Kpmg Decision And Corporate Cooperation: Individual Rights And Legal Ethics, Sarah Helene Duggin
The Mcnulty Memorandum, The Kpmg Decision And Corporate Cooperation: Individual Rights And Legal Ethics, Sarah Helene Duggin
Scholarly Articles
One of the hallmarks of a free society is the ongoing endeavor to find an appropriate balance between governmental power and individual liberties. During the last several years, however, in the corporate legal arena this balance has shifted in a way that profoundly impacts individuals caught up in the web of corporate investigations. Since 1990 the number of federal prosecutions of business entities has risen dramatically' as prosecutors have increasingly utilized corporate "cooperation" strategies to conscript business entities into working with the government against the interests of employees. The most far-reaching of these policies are set forth in the Department …