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4 May 2023, 9:05 pm by renholding
It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary. [read post]
25 Jan 2013, 4:09 pm by INFORRM
In the case of Ashby Donald and others v France (Judgment of 10 January 2013) the Court of Human Rights has, for the first time in a judgment on the merits, clarified that a conviction based on copyright law for illegally reproducing or publicly communicating copyright protected material can be regarded as an interference with the right of freedom of expression and information under Article 10 of the European Convention. [read post]
23 Apr 2012, 6:04 am by Joel R. Brandes
First Department Holds Although Husband Retained All the Property, Court Will Not Set Aside Agreement on Ground of Unconscionability Where Inequitable Conduct Lacking                                                              In Barocas v Barocas, --- N.Y.S.2d ----, 2012 WL 1293783 (N.Y.A.D. 1 Dept.) the Appellate Division rejected… [read post]