By Arthur B. Laby — Because investors reasonably expect that brokers will, in fact, operate in a fiduciary capacity, the SEC should impose a fiduciary duty on brokers that give investment advice.
Why Capitalism Has an Image Problem
Capitalism has played an important role in world history generally and in American history in particular. Nevertheless, today many Americans view capitalism with suspicion or even hostility. What’s needed is a remaking of the case for capitalism, which itself requires a restatement of capitalism’s old truths.
Mutual Fund Performance Advertising: Inherently and Materially Misleading?
By Alan R. Palmiter & Ahmed E. Taha — Despite the fact that mutual funds’ past performance is not a good predictor of future returns, mutual fund companies routinely advertise the returns of their best funds.
Fiduciary Law in the 21st Century
By Tamar Frankel — This paper was presented as part of a conference on fiduciary law at Boston University on October 29, 2010.
Comments on Definition of Fiduciary Proposed Rule
Disclosures and client consent are insufficient – by themselves – to satisfy the fiduciary standard. Investors must be able to rely on and have confidence in the expertise of their advisor. This can only be accomplished by applying a standard that prohibits all conflicts of interest.
Definition of the term “Fiduciary”
Rhoades provides a 119 page letter to the Department of Labor explaining in significant detail what fiduciary duty means.
