Sentences with phrase «allege breach of fiduciary duty»

The lawsuit, filed by employees led by John Meiners, from St. Louis, seeks to recoup excess fees and unrealized profits stemming from Wells Fargo's alleged breach of fiduciary duties to all 401 (k) participants over the last six years, the complaint said.

After launching four 401 (k) lawsuits alleging breach of fiduciary duty late last year, Minneapolis - based Nichols Kaster has filed four more in 2016, most recently against Fujitsu and American Century's $ 600 million plan.

The case, filed in U.S. District Court for the Southern District of New York, alleges breach of fiduciary duty under the Employee Retirement Income Security Act.

In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

John has counseled clients in actions based on violation of state and federal securities laws relating to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and alleged breach of fiduciary duty.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

There have been a number of high profile cases involving fakes and forgeries and alleged breaches of fiduciary duties where excessive agents» commissions have been charged, and it is clear that collectors, as well as the professionals within art galleries and auction houses, are vulnerable to fraud or unethical practices.

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 fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

Probate litigation may be required when disputes arise regarding will contests, trust disputes or an alleged breach of fiduciary duty.

Defending outside directors of a closely held corporation in an action for alleged breaches of fiduciary duty and oppression of minority shareholders (Alabama).

Secured dismissal of action alleging breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting, breach of contract, money had and received, and conspiracy in the U.S. District Court for the Central District of California on a Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim;

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

In addition, Carrie has defended trustees against claims alleging breach of fiduciary duties and other claims of trust management.

Richard also often appears on behalf of directors and officers in derivative suits alleging breaches of fiduciary duty and as counsel for Special Litigation Committees.

Successful representation of Greenbriar Equity Group in a shareholder lawsuit related to alleged breaches of fiduciary duty stemming from proposed acquisition

Akai Holdings Limited & Others v Ho Wing On & Others (Hong Kong High Court, Commercial List): claim for an amount exceeding US$ 500 million for alleged breach of fiduciary duty arising from one of Hong Kong's largest ever corporate collapses.

Representation of the directors and officers of an investment bank in a derivative suit alleging breach of fiduciary duty in connection with executive compensation.

Representation of the CEO of one of the country's largest management consultancies after the company's bankruptcy in trustee - driven litigation seeking over $ 2 billion and alleging breaches of fiduciary duty during the pre-bankruptcy sales process.

[5] It may be noted that the pleading of professional negligence equates the alleged breach of fiduciary duty with professional negligence.

It was held that the alleged breaches of fiduciary duty were no more than the equitable counterparts of the claims at common law and that:

There is, for instance, nothing in the pleading that suggests that apart from the alleged breach of fiduciary duty that Mr. Epstein negligently drafted the documentation or failed to perform any services associated with the contract between Flirty Girl Fitness and Hottie Body Boutique.

Defended a bank: shareholder derivative action alleged breach of fiduciary duty to a subsidiary by stopping an IPO and accelerating loan repayment.

Individual and class action lawsuits for alleged breaches of fiduciary duty and prohibited transactions;

the Western Australia Aboriginal Legal Service is considering proceeding with a number of joined cases against the State alleging breach of fiduciary duty.

The court found that the Fords had adequately alleged a breach of fiduciary duty by the Salesperson.

Real estate transactions can be traumatic, but Oregon's highest court has ruled that a buyer can't collect damages for emotional distress from a real estate broker for an alleged breach of fiduciary duty.

The one - count complaint alleged breach of fiduciary duty...

In Century 21 J. E. M. Realty v. Bona Vista Farm, the Alberta Court of Appeal addressed an alleged breach of fiduciary duty by a broker who sought to put pressure on a seller / principal by finding alternative and cheaper land to offer a buyer.

In a case previously summarized in The Letter of the Law, Oregon's highest court has considered whether a buyer could collect emotional distress damages from a real estate broker for broker's alleged breach of his fiduciary duty to his clients.

Failla also said the investors may pursue some claims alleging breaches of fiduciary duty and due care, but she dismissed claims alleging general negligence and the violation of a New York law governing mortgage trusts.

Not exact matches

Kalanick filed his response late on Thursday to the suit brought by Benchmark Capital, an early investor in Uber suing him for alleged fraud, breach of contract, and fiduciary duty.

Move and the National Association of Realtors filed a lawsuit against Zillow in March 2014 alleging breach of contract, breach of fiduciary duty and misappropriation of trade secrets.

It has filed five lawsuits alleging various breaches of fiduciary in 401 (k) plans duty this year.

One lawsuit filed yesterday in Northern California on behalf of a Facebook shareholder, Jeremiah Hallisey, alleges the company's senior management «breached their fiduciary duties by failing to prevent the initial misappropriation [of user data by CA] and, after learning of it in 2015, failing to inform affected Facebook users or the public markets».

Sulyma brought six claims: claims I and III allege the Investment Committee defendants breached their fiduciary duties by over-allocating the assets of the 401 (k) Plan and Retirement Plan to hedge fund, private equity, and other alternative investments.

The board of directors of Las Vegas - based Wynn Resorts is facing mounting lawsuits from shareholders — including the NYS pension fund — who allege they breached their fiduciary duties when they ignored what has been described as a longstanding pattern of sexual abuse and harassment by the company's founder, Steve Wynn.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

The TechCrunch founder says he has filed suit with the Northern District of California Federal court against Fusion Garage alleging fraud and deceit, misappropriation of business ideas, breach of fiduciary duty, unfair competition and violations of the Lanham Act (trademark protection).

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..

Two participants in Home Depot Inc.'s 401 (k) plan have sued plan executives alleging that excessive fees and poor - performing investments represented a breach of their fiduciary duties under the Employee Retirement Income Security Act.

Advocates of reverting back to a free model filed a lawsuit in 2014 in the New York Supreme Court alleging that the board, in deciding to charge tuition, breached its fiduciary duty to protect the college's mission.

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

(14 day trial; Construction contract; project management; claims alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional negligence against designers / project managers; claim for an account; all serious allegations against Marc Beaumont's client dismissed).