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Friday, August 26, 2016 2:05:22 PM
Pagliara’s {the case} suggestion that during conservatorship HERA suspends many of the usual corporate governance mechanisms shareholders possess for ensuring management’s loyalty and care underscores why FHFA must be required to scrupulously comply with its statutory and fiduciary duties. HERA requires the conservator to preserve and conserve the Companies’ assets with the goal of returning them to soundness and solvency. Where, as here, the conservator willfully and openly abandons that statutory mission, injunctive relief is appropriate.
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