Tag Archives: Duty of Care

Do Fiduciary Duties Apply Between Equal, 50/50 Shareholders?

Fiduciary duties are often described as the highest duties recognized under the law.  Their application, however, is often challenged by litigants in court.  In a recent case before Iowa’s Business Court, the Honorable Judge John Telleen was tasked with determining whether equal, 50/50 … Continue reading

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A Deeper Dive into a Director’s Duty to Become Informed

As described in a prior post (here), Iowa’s fiduciary duty law requires directors to become informed with respect to their decision-making obligations.  Thankfully, a director’s duty to become informed is fairly straightforward.  As you may suspect, the duty to become … Continue reading

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Care, or Beware! Iowa’s Fiduciary Duty of Care

With Valentine’s Day just around the corner, we think it’s high time to further explore “caring” in the corporate context.  And while we’ve frequently addressed the broad concept of fiduciary duties that Iowa law and Iowa courts impose upon corporate … Continue reading

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Understand Your Burden of Proof Before Exercising the Nuclear Option

Duty of Care v. Duty of Loyalty and the Shifting Burden of Proof Intra-corporate dispute cases frequently involve litigants asserting breach of fiduciary duty claims.  More specifically, they involve plaintiffs alleging the defendant(s) breached his/her duty of care and duty … Continue reading

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Fiduciary Duties

The Who, What, When, Where, and Why of Fiduciary Duties in Small Businesses and Corporations. A Brief Introduction to a Broad, Complex, and Ever-Changing Duty. What is a fiduciary duty? A fiduciary duty is often regarded as the highest duty … Continue reading

Posted in Business Owner, Director, Litigation, Shareholder, Shareholder | Tagged , , , , , , , , , , , , , , | 9 Comments