On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in a 2-1 decision vacated the Obama-era U.S. Department of Labor’s (“DOL”) Fiduciary Rule (“Fiduciary Rule”), which responded to a historical shift from traditional pension plans to individually managed accounts, such as individual retirement accounts (“IRAs”) and 401(k)s. The Fiduciary …
INTRODUCTION The success of a business resides in its employees. Even the biggest corporate structures depend on its employees to conduct its business. That is why, during the course of employment employer’s valuable information that is integral to its activities such as its business models, client profiles and marketing strategies are exposed to the use …
Introduction The general question of corporate governance can be summarized, in the context of public companies, as three interrelated questions: who has decision-making authority; how are they constrained in the exercise of that authority; and how are they held accountable for that exercise? In this model, the U.S. approach to corporate governance has historically been …
