The Six Core Fiduciary Duties embody the major elements of fiduciary responsibility under the Advisers Act of 1940.
Research
Wall Street in Crisis: A Perfect Storm Looming
Labaton Sucharow’s second annual 2013 survey of the U.S. financial sector emphasizes the need for transparency, fairness, and accountability.
Fiduciary Reference – Analysis of Investment Fiduciary Issues
The SEC March 1 Release* assumptions about a possible uniform fiduciary standard and the duty of loyalty sharply restrict when fiduciary duties are applied. If these assumptions are adopted in rulemaking, fiduciary duties would effectively be removed for brokers and advisers giving investment advice to retail investors.
The Fiduciary Obligations of Financial Advisors Under the Law of Agency
By By Robert H. Sitkoff — “Whether a financial advisor is an “investment advisor” or a “broker” (or neither) under the federal securities laws, an advisor may be an agent under the common law of agency.”
Selling Advice And Creating Expectations: Why Brokers Should Be Fiduciaries
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.