What is the duty of a fiduciary to disclose?
MultiRegion, United States of America
The following excerpt is from Grandon v. Merrill Lynch & Co., Inc., 147 F.3d 184 (2nd Cir. 1998):
In the case of an omission, the duty to disclose generally "arises when one party has information that the other [party] is entitled to know because of a fiduciary or other similar relation of trust and confidence between them." Chiarella v. United States, 445 U.S. 222, 228, 100 S.Ct. 1108, 63 L.Ed.2d 348 (1980) (internal quotation and citation omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a fiduciary duty to disclose one's motives in a securities transaction? (MultiRegion, United States of America)
Does an employee of a financial institution have a legal and fiduciary duty to disclose the extent of a fraudulent transaction? (MultiRegion, United States of America)
Does a fiduciary have a duty to prevent a professional fire service from withdrawing expenses and compensation from an employer-fiduciary's retirement plan? (MultiRegion, United States of America)
Does a Minister have an obligation to disclose a Memorandum to the Applicant so that the applicant can file a rebuttal? (Canada (Federal), Canada)
Is there any guarantee that communications with psychiatrists will never be disclosed? (Canada (Federal), Canada)
Can a Minister refuse to disclose information obtained under section 26 of the Freedom of Information Act? (Canada (Federal), Canada)
What is the current state of the law on fiduciary obligation? (Canada (Federal), Canada)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
Does an attorney owe a fiduciary duty to his client to act as a creditor when his client files for bankruptcy? (MultiRegion, United States of America)
Can a motion for a new trial be denied if the government fails to disclose any of the impeachment evidence set out in support of the motion? (MultiRegion, United States of America)
