Sentences with phrase «alleged fiduciary breaches»

To remedy these alleged fiduciary breaches, plaintiffs seek relief under 29 U.S.C. § 1132 (a)(2) and (3), as well as 29 U.S.C. § 1109 (a).

Not exact matches

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.

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.

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.

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.

However, it is an unusual circumstance and could influence a court's view as to whether a fiduciary breach occurred or has been properly alleged in the complaint.

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.

As earlier reported, Gannett's cause also got a boost when a shareholder filed suit alleging that Ferro and the directors had breached their fiduciary duty issuing new shares and selling a 13 percent stake to Dr. Patrick Soon - Shiong two weeks ago.

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.

In its complaint, Penn alleges that Thompson violated the university's patent rules and «breached his fiduciary duty to the university» by «failing to disclose to the university research and discoveries.»

In addition to suing Cheek, Pirri names Richards in his suit, alleging that she breached her fiduciary duty.

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 complaint notes that this action is similar, but narrower in scope, to 18 separate lawsuits pending in federal district courts around the country which allege a university defendant breached its Employee Retirement Income Security Act (ERISA) fiduciary duties by allowing TIAA to collect excessive fees from the university's retirement plan.

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.

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.

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.

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.

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).

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.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

The applicable limitation period for alleged fraud, breach of fiduciary duty, and misrepresentation under the Limitations Act, 2002 is two years.

BTZ alleges Nguyen breached his contract and fiduciary duty to the firm when he «improperly solicited» some of its clients to come with him when he resigned in early 2015, including Indcondo Building Corporation, a property development company with a $ 20 - million claim against its one - time business partner.

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.

Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies

Successful defense of over $ 40 million in claims for breach of an alleged partnership agreement, fraud and breach of fiduciary duty against a large Southern California homebuilder in a multi-state litigation, including a six week jury trial, two state court appeals, a Ninth Circuit appeal, an Idaho state court action and appeal to the Idaho Supreme Court.

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 receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC - registered investment advisor, in a $ 60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.

We have litigated claims of alleged improper acts, omissions, breach of fiduciary duty, breach of conduct, fraud and derivative actions.

J.K. alleges the Crown was «negligent, in breach of fiduciary duties, and has breached the Class Members» rights under s. 7,9, and 12 of the Canadian Charter of Rights and Freedoms.

Representing insurance agency in multi-million dollar litigation alleging fraud and breach of fiduciary duty

Interactive Technology Corporation v Ferster Claim for fraud and breach of fiduciary duty, with freezing and search and seizure orders, with a related claim for unfair prejudice alleging blackmail.

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.

Represented a national staffing company in a lawsuit regarding alleged breaches of contract, breaches of fiduciary duty, wrongful termination, and fraud, resulting in a favorable settlement on the eve of trial.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

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.

Peters & Co issued a statement of claim alleging breach of contractual, common law and fiduciary duties.

Eliyon Limited v Gathani Acting for the former directors of a company in liquidation defending claims for alleged fraudulent breaches of fiduciary duty.

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