Question
The fiduciary duties of directors and officers includes a duty of disclosure. Sometimes that involves sensitive information. Liberty University recently sued its former president, Jerry
The fiduciary duties of directors and officers includes a duty of disclosure. Sometimes that involves sensitive information. Liberty University recently sued its former president, Jerry Falwell, Jr., for breach of fiduciary duty. Liberty alleges that Falwell had a duty to disclose extortion attempts by a man who had an affair with Falwell's wife. Liberty says they would not have given him a new, more lucrative employment contract had he disclosed the extortion. Another, more common scenario is where a CEO faces health issues. The CEO's failing health could negatively impact company stock price, but CEO's are understandably reticent to disclose private medical information. What should the standard for disclosure be for such sensitive, private information?
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