Business Law
| Directors' Liability - Torts and Wrongful Acts |
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| TORTS AND WRONGFUL ACTS More... |
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| Director and Officer Liability under OSHA |
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| Employers have a general duty under the Occupational Safety and Health Act (OSHA)1 to provide a workplace free from "recognized" hazards. A violation of this duty can lead to criminal sanctions2 in addition to civil penalties. An employer can also be exposed to liability under occupational safety and health regulations promulgated by the Secretary of the Department of Labor. Directors and high-level executive officers must act to reduce or eliminate workplace dangers or risk OSHA liability. More... |
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| The Duty of Directors and Officers Regarding Corporate Opportunities |
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| The corporate opportunity doctrine provides that corporate directors and officers have an obligation not to take personal advantage of opportunities that may be to the advantage of their corporation. The doctrine follows from the duty of loyalty of directors and officers to the corporation. More... |
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| Disclosure of a Corporate Opportunity |
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| Generally, a corporate director breaches the duty of loyalty if she seizes a business opportunity for herself that the corporation was financially capable of undertaking or in which the corporation had a reasonable interest or expectancy. Additionally, the director's loyalty is called into question if she takes personal advantage of a business opportunity that was in line with the corporation's business. More... |
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| Private Treble Damage Actions Under Federal Antitrust Law |
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| Under federal antitrust law, persons and companies harmed by anticompetitive conduct may seek an award of triple their damages, an injunction, and costs of the action (including attorney fees) against a party that violates federal antitrust laws. For example, price fixing or an agreement among competitors on the price they will charge is considered a per se illegal violation of Section 1 of the Sherman Act, 15 U.S.C.S. § 1, that the government may prosecute as a felony. As a further deterrent to such activity, those harmed by the violation may seek treble damages and an injunction. More... |
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