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Faithless Servant
The faithless servant Legal doctrine, doctrine pursuant to which employees who act unfaithfully towards their employers must forfeit to their employers all compensation received during the period of disloyalty. It is under the laws of a number of states in the United States, and most notably Law of New York (state), New York State law. History and application The faithless service doctrine is a very old common law doctrine that springs out of agency law.Manning Gilbert Warren III (2010)"Equitable Clawback: An Essay on Restoration of Executive Compensation," 12 ''University of Pennsylvania Journal of Business Law'' 1135. It is a doctrine under the laws of a number of states in the United States, and most notably Law of New York (state), New York State law, pursuant to which an employee who acts unfaithfully towards his or her employer must forfeit all of the compensation received during the period of disloyalty. That period of disloyalty during which equitable forfeiture of all com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedge Fund
A hedge fund is a Pooling (resource management), pooled investment fund that holds Market liquidity, liquid assets and that makes use of complex trader (finance), trading and risk management techniques to aim to improve investment performance and insulate returns from beta (finance), market risk. Among these portfolio (finance), portfolio techniques are short (finance), short selling and the use of leverage (finance), leverage and derivative (finance), derivative instruments. In the United States, financial regulations require that hedge funds be marketed only to institutional investors and high-net-worth individuals. Hedge funds are considered alternative investments. Their ability to use leverage and more complex investment techniques distinguishes them from regulated investment funds available to the retail market, commonly known as mutual funds and Exchange-traded fund, ETFs. They are also considered distinct from private-equity fund, private equity funds and other similar cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency Law
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. It may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reciprocal rights a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employee Compensation In The United States
Compensation and benefits, Employer compensation in the United States refers to the cash compensation and Employee benefit, benefits that an Employment, employee receives in exchange for the service they perform for their employer. Approximately 93% of the working population in the United States are employees earning a salary or wage. Typically, cash compensation consists of a wage or salary, and may include commissions or bonuses. Employee benefit, Benefits consist of Pension, retirement plans, Health insurance#United States, health insurance, life insurance, disability insurance, vacation, employee stock ownership plans, etc. Compensation can be fixed and/or variable, and is often both. Variable pay is based on the performance of the employee. Commissions, incentives, and bonuses are forms of variable pay. Benefits can also be divided into company-paid and employee-paid. Some, such as holiday pay, vacation pay, ''etc.'', are usually paid for by the firm. Others are often paid, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portfolio Manager
A portfolio manager (PM) is a professional responsible for making investment decisions and carrying out investment activities on behalf of vested individuals or institutions. Clients invest their money into the PM's investment policy for future growth, such as a retirement fund, endowment fund, or education fund. PMs work with a team of analysts and researchers and are responsible for establishing an investment strategy, selecting appropriate investments, and allocating each investment properly towards an investment fund or asset management vehicle. Model In the 1950s, Harry Markowitz, an American economist, developed the modern portfolio theory. Jack Treynor (1961, 1962), William F. Sharpe (1964), John Lintner (1965) and Jan Mossin (1966) later build the Capital Asset Pricing Model (CAPM) on the theory of Markowitz. Nowadays, the CAPM is one of the primary portfolio management tools. The formula calculates the potential return percentage of an investment vehicle based on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Company Code Of Conduct
A company code of conduct is a document written up voluntarily by a company in which it sets out a set of principles that it commits itself to follow, or requires its employees to follow. In some cases, codes of conduct reach suppliers, subcontractors, and third parties. It is a type of code of conduct. Contents The content of a company code of conduct varies and depends in a measure of the company's culture and on the country in which they reside. In general terms, it can be said that the codes of conduct are related to anti-corruption issues, labor law, environmental and basic legal issues, such as the rejection of slavery, child labor, compliance with the environmental standards of each country, and in general, respect for national laws. Cases Nike Nike's company code of conduct is one of the best known examples. In the early 1990s, Nike was reported by the press in the United States for using contractors in Southeast Asia who employed slave labor and child labor. This com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insider Trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information are illegal. The rationale for this prohibition of insider trading differs between countries and regions. Some view it as unfair to other investors in the market who do not have access to the information, as the investor with inside information could potentially make larger profits than an investor without such information. However, insider trading is also prohibited to prevent the director of a company (the insider) from abusing a company's confidential information for the director's personal gain. The rules governing insider trading are complex and vary significantly from country to country as does the extent of enforcement. The definition of insider in one jurisdiction can be broad and may cover not only insiders themselves but also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shira Scheindlin
Shira Ann Scheindlin (; née Joffe; born August 16, 1946) is an American attorney and jurist who served as a United States federal judge, United States district judge of the United States District Court for the Southern District of New York. She is currently of counsel at Boies Schiller Flexner LLP. Early life and education Scheindlin was born in Washington, D.C. She earned a Bachelor of Arts degree in Far Eastern studies from the University of Michigan (1967), a Master of Arts in history from Columbia University (1969), and a Juris Doctor from Cornell Law School (1975). Career Before taking her seat on the Southern District, Scheindlin worked as a prosecutor, commercial lawyer, and judge. She was a clerk for federal district court judge Charles L. Brieant from 1976 to 1977 and, from 1977 to 1981, was an Assistant United States Attorney for the U.S. Attorney for the Eastern District of New York, Eastern District of New York. From 1981 to 1982, she was General Counsel for the New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of New York (state)
The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The ''Consolidated Laws of New York, Consolidated Laws'' form the general statutory law. The Constitution of New York is the foremost source of state law. The legislation of New York State Legislature, the Legislature is published in the official ''Laws of New York'' and codified in the ''Consolidated Laws of New York''. State agency rules and regulations are promulgated in the ''New York State Register'' and codified in the ''New York Codes, Rules and Regulations''. Because New York is a common law state, every opinion, memorandum, and motion sent by the New York Court of Appeals (New York's highest court) and the Appellate Division of the New York Supreme Court (an intermediate appeals court) is published. Each local government may also adopt local laws, and counties, cities, and towns may promulgate ordin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Judge
In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. Federal judges are not elected officials, unlike the president and vice president and U.S. senators and representatives. They are nominated by the president and confirmed by the Senate. The Constitution gives federal judges life tenure, and they hold their seats until they die, resign, or are removed from office through impeachment. The term "federal judge" may also extend to U.S. magistrate judges or the judges of other federal tribunals within the judiciary such as the U.S. Bankruptcy Courts, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Armed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southern District Of New York
The Southern District of New York is a federal judicial district that encompasses the counties of New York (Manhattan), Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan. Federal offices or agencies operating in the district include: * United States Attorney for the Southern District of New York * United States Bankruptcy Court for the Southern District of New York * United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ... See also * Eastern District of New York * Northern District of New York * Western District of New York {{SIA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
