Wednesday, October 29, 2008

Corporate executives possibly liable for breaching fiduciary duty by causing corporations to support political candidates

Here's a story showing that some corporate executives of large retailers are actually subordinating their fiduciary duty to their shareholder to their own personal political interests.

In the legal industry, we call this a breach of fiduciary duty Such a breach is grounds for immediate termination. On top of that, they can be held personally liable to the shareholders in a shareholder derivative lawsuit for such bad decisions. The boards of these companies have a duty to investigate and immediately terminate those executives found guilty of a breach. That's the law.

Why is this important?

A personal political decision is fully protected by the 1st Amendment. When personal political choices become the basis of an executive decision, IN SPITE OF EVIDENCE THAT CONTRADICTS THAT PARTICULAR DECISION, then said choice becomes a form of defalcation.

Defalcation occurs where a fiduciary takes advantage of their executive position for personal gain at the expense of shareholders, the corporation and ultimately the market.

I note this so corporate shareholders will exercise their power to hold executives and corporate boards accountable for their corporate decisions...especially when those corporate decisions are made for the personal gain of the corporate executive at the expense of the shareholders.

Get the facts, learn the truth, and remove your heads from your backsides.

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