Newsletters

Federal Trade Commission Competition and Consumer Protection Authority

The U.S. Federal Trade Commission is given broad authority in the areas of competition and consumer protection law by Section 5 of the Federal Trade Commission Act, 15 U.S.C.S. § 45. Section 5 declares unlawful any "[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce," and Section 5 gives the Commission authority to prevent use of unfair methods of competition and deceptive acts or practices.

CORPORATE DIRECTORS - AN OVERVIEW OF FIDUCIARY RESPONSIBILITIES

AN OVERVIEW OF FIDUCIARY RESPONSIBILITIES

Insider Trading

(Bounties for Persons Reporting Insider Trading)

Securities Law

(An Outline of Federal Securities Laws)

Employees' Duty of Loyalty

Generally, an employee owes the duty of undivided loyalty to his or her employer. Courts take varying approaches to the issue of an employee's duty of loyalty. Some jurisdictions do not acknowledge a separate cause of action for an employee's breach of loyalty unless there is a fiduciary relationship between the employer and the employee. The claim is usually pleaded as a breach of a fiduciary duty. Some jurisdictions recognize a separate claim for an employee's breach of the duty of loyalty but also acknowledge its relationship to a fiduciary breach. A common thread in all jurisdictions is that employees who occupy a position of trust and confidence owe their employers a higher duty of loyalty than lower-level employees. The scope of the duty of loyalty depends on the particular fact circumstances and the nature of the employment relationship.