Sentences with phrase «in fiduciary relationships»

In fiduciary relationships, the client has agency with the brokerage firm which the agent works for, so two agents of the same firm can not offer single agency, only a transaction broker arrangement.

V. International Corona Resources [1989] 2 S.C.R. 574, the Supreme Court of Canada established a three point test to determine whether one is in a fiduciary relationship:

The court found that state case law supported this conclusion that a disclosed dual agent is not in a fiduciary relationship with his / her clients.

Tennessee law is clear that a broker and his / her client are in a fiduciary relationship and the broker has a general duty to act in the best interest of his / her client.

Since the court found that the parties were in a fiduciary relationship, the court ruled that she was liable for this money as well as the unpaid loan amounts.

The California case, Field v. Century 21 Klowden - Forness Realty, found that a broker in a fiduciary relationship with the buyer may be required to examine such things as public records and title documents for the buyer, as opposed to a seller's broker, who has no such duty.

However, the court determined that since the Broker was in a fiduciary relationship with the Buyers, the court ruled that the Buyers were not limited in their recovery to out - of - pocket expenses.

That isn't really correct as we are not in a fiduciary relationship.

Not exact matches

The rule requires that distributors of financial products into retirement accounts proceed on the basis of a fiduciary relationship and is aimed at removing potential conflicts of interest in which distributors steer clients into products because of higher commission revenue — unless distributors operate under an exemption.

Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «in breach of a fiduciary duty or other relationship of trust and confidence.»

I just got back from a true «bucket list» fishing expedition to the Brazilian Amazon jungle for peacock bass, and while I was able to put work on the back burner for a week, the successful trip led me to think about just how important a fiduciary relationship can be in every transaction we undertake.

Illegal insider trading generally refers to insider buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

When you work with a Fee - Only Financial Planner, the result is unbiased financial advice from a professional who is committed to acting as a fiduciary in a client - centered relationship.

From Wikipedia, the free encyclopedia A fiduciary (from Latin fiduciarius, meaning» [holding] in trust»; from fides, meaning «faith», and fiducia, meaning «trust») is a legal or ethical relationship of trust between two or more parties.

Mr. Pavese served as an active member of the JPMorgan Private Bank Investment Team as well as the firm's Trust & Investment Committee, where he assisted in the construction of the Private Bank's model portfolios and monitored the bank's fiduciary relationships.

Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

She predicts more advisers will be lumped into the fiduciary relationship in 2016 and beyond, suggesting the Department of Labor (DOL), through its updated fiduciary rule, «will extend the fiduciary standard embedded in ERISA to advisers who handle any kind of retirement account, including individual retirement accounts (IRAs).»

Many suggest using a registered investment advisor because they assume a fiduciary roll and are legally required to put your interests first in the relationship.

The SEC defines illegal insider trading as: -LSB-...] buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material,...

CONSTRUCTIVE RECEIPT: Although a taxpayer does not have actual possession of the proceeds, they are legally entitled to the proceeds in some manner such as having the money held by an entity considered their agent or by someone having a fiduciary relationship with them.

In addition, stock brokers have no «fiduciary relationship» with their clients.

You acknowledge and agree that your relationship with Blue Buffalo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User - Submitted Content does not place Blue Buffalo in a position that is any different from the position held by members of the general public, including with regard to your User - Submitted Content.

The Committee is increasingly inclined (in my opinion) to have the rules on access apply to documents constituting a fiduciary relationship whenever they were created, and not only to documents made after the Act comes into force.

In the same way, applying fiduciary law to the lawyer - client relationship can be seen as providing assurance in the face of information asymmetry and addressing the fact that law is a credence gooIn the same way, applying fiduciary law to the lawyer - client relationship can be seen as providing assurance in the face of information asymmetry and addressing the fact that law is a credence gooin the face of information asymmetry and addressing the fact that law is a credence good.

The reference comes in the context of satisfying the fiduciary relationship between the Crown and Aboriginal peoples by involving Aboriginal peoples in decisions taken with respect to their lands (at para 168).

Your access to and use of the Website, including but not limited to any contact forms, contact information, links, or other features of the Website, does not result in the creation of a solicitor - client relationship, fiduciary relationship, or other professional - client relationship between you and TRL, or any of it's lawyers, partners, employees or consultants.

He is an ardent litigator, serving as lead counsel in numerous civil jury trials involving medical - malpractice, contract disputes, defamation and related business torts, shareholder disputes (e.g., tortious interference with business relationship, trade secret, and non-compete violations), shareholder and LLC disputes and their fiduciary obligations, real - estate litigation, construction litigation, and creditors rights» issues and related bankruptcy and receivership issues.

In recent years, greater shareholder engagement and the explosion in the importance of institutional investors, who owe a fiduciary duty to their members, has shifted the focus again, from board - management relations to board - shareholder relationshipIn recent years, greater shareholder engagement and the explosion in the importance of institutional investors, who owe a fiduciary duty to their members, has shifted the focus again, from board - management relations to board - shareholder relationshipin the importance of institutional investors, who owe a fiduciary duty to their members, has shifted the focus again, from board - management relations to board - shareholder relationships.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

Represented a major electronics / defense firm in a case involving allegations of lost profits resulting from alleged breaches of fiduciary duties and tortious interference with contracts in connection with an alleged joint venture relationship.

In equitable distribution states, the idea of a «fiduciary relationship» between spouses has been applied only in the context of disclosing assets during the negotiation of antenuptial or property settlement agreementIn equitable distribution states, the idea of a «fiduciary relationship» between spouses has been applied only in the context of disclosing assets during the negotiation of antenuptial or property settlement agreementin the context of disclosing assets during the negotiation of antenuptial or property settlement agreements.

The attorney must have served the client as an attorney or in a court - appointed fiduciary relationship.

Prevailed in a trial in the U.S. District Court for the Eastern District of New York on behalf of a company that provides licensure and educational services to financial institutions against allegations, including breach of contract, breach of fiduciary and equitable claims, initiated by a sales and marketing company after termination of the relationship for poor performance

Courts in Texas have commonly recognized the existence of fiduciary duties in the following relationships: Attorneys, employees, agents, escrow agents, insurance agents, holders of a power of attorney, corporate officers, joint venturers, executors and trustees, securities brokers, taxpayers, class representatives, mineral - rights holders, and condominium board members — just to name a few.

The lack of enthusiasm stems (at least in part) from an uncertainty about how an LSR impacts the fiduciary duties and obligations that protect solicitor - client relationships (see, Anne Kirker and Jennifer Blanchard, «Limiting the Risks of Limited Scope Retainers», The Canadian Bar Association, Alberta Branch, The Limited Scope Retainer: (The Canadian Bar Association) at 14).

But, different requirements (as to level of proof — or as to the conditions of validity of property transfer) may apply to different issues in each case, and the complexity may quickly increase because of the fiduciary nature of the relationship between married couples or domestic partners.

The Manitoba Court of Appeal reviewed the fiduciary obligations of a committee to an incapable person and concluded that «the breach of such a special relationship gives rise to the widest array of equitable remedies» (at paragraph 21) and that the «court is concerned not only in compensating a wronged plaintiff, but also in upholding the obligations of good faith and loyalty» (at paragraph 22).

Located in Reston and with additional client meeting locations throughout Northern Virginia and the District of Columbia, the firm's primary expertise lies in the resolution of business disputes involving trade secrets, non-compete contracts, breaches of fiduciary duty, and tortious interference with business relationships.

The Manitoba Court of Appeal also found that a «beneficiary need not suffer an actual loss in order to be entitled to a remedy» (at paragraph 23) and «given the shameful conduct on the part of the appellant fiduciary» (at paragraph 26) it ordered the appellant to pay the funds to the court pending the final outcome of the administration of the estate, while repeatedly emphasizing the obligations of a committee and the lengths the court will go to in upholding this fiduciary relationship.

The common law and ethical rules already give the client an edge over the fiduciary lawyer in terms of control, but they provide little guidance on the mechanics of the relationship or on setting fees.

A fiduciary relationship is a relationship, grounded in fact and law, between a vulnerable beneficiary and a fiduciary who holds and may exercise power over the beneficiary in situations recognized by law.

The plaintiff was not in fact in a power - dependency relationship with the defendant; not all power - dependency relationships are fiduciary in nature, and an ad hoc obligation does not arise in the absence of an undertaking, express or implied, by the fiduciary; and the absence of the power in the defendant to affect the interests of the plaintiff negates the existence of any fiduciary obligation.

One way to understand the majority and minority decisions in Strother is as a disagreement about whether, in a solicitor - client relationship, fiduciary duties overlay the contractual terms found in the retainer or vice versa.

ALSs are charity; and as such do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires the lawyer to act in the best interests of the client.

Nor does the Task Force justify its selection on the ground that certain fields of substantive instruction have been given priority on the basis of the public good or general welfare: for example, «legal and fiduciary concepts in commercial relationships» [9] are required, but similar concepts in family, professional or governmental relationships are ignored.

Where else in the responses to the problem is there that relationship's, fiduciary duty, law society oversight and discipline, professional insurance requirement, and CPD / CLE obligations for maintaining competence?

ALSs, (with the commendable but tiny exceptions of pro bono for small and short cases, and perhaps targeted legal services), do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires a lawyer to act in the best interests of the client, backed - up by a law society complaints department and every lawyer's mandatory professional insurance.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

Serve as relationship manager and fiduciary advisor for clients with more than 1,000,000 in investable assets and support a book of accounts having an asset base of at least 100,000,000.