scholarly journals Fiduciary duty or loyalty? Evidence from co-opted boards and corporate misconduct

2021 ◽  
pp. 102066
Author(s):  
Rashid Zaman ◽  
Nader Atawnah ◽  
Ghasan A. Baghdadi ◽  
Jia Liu
2020 ◽  
Vol 24 (3) ◽  
pp. 363-388
Author(s):  
Philippe Kuhn

This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court's decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the difficulties with ordinary contractual damages, equitable remedies for breach of fiduciary duty and confidence and limitations in injunctive relief. While One Step is restrictive overall, there is a real role for negotiating damages in employment cases where misuse of confidential information is the sole or predominant breach of contract. The well-established Faccenda approach is suggested for identifying the requisite confidential information.


2010 ◽  
Author(s):  
Stanley I. Ornstein ◽  
Michael F. Koehn
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document