Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to
alleged breaches of duties of confidentiality.
This alleged breach of the duty to consult is not related to competition and is not caused by the consent agreement, the Tribunal held.
The problem would be showing that all members of the class were causally injured by the same
alleged breach of duty which is pretty much impossible.
Consbec sued Mr. Walker for various
alleged breaches of his duties in forming a competing company, including a failure to provide any notice prior to resigning.
They will pinpoint
the alleged breach of duty and provide trustworthy, knowledgeable testimony to indicate how, why and where the negligence occurred, if it did.
The firm continues to handles professional negligence matters for longstanding clients, including Paragon Mortgages and Idem Capital Securities; Frances Mitchell is continuing to act for the former in multiple claims against a firm of solicitors concerning
alleged breaches of duty over buy - to - let mortgages.
He began by addressing
the alleged breach of duty of candour, and emphasised that a party's failure to disclose relevant documentary information was clearly capable of subjecting another party to an unfair procedure.
Represented one of the world's largest banking groups in defending a multi-million dollar claim in the Singapore High Court for
alleged breaches of duty.
Recent work includes acting for representative beneficiaries in a claim for directions as to whether the trustees could take into account the compensation recoverable from the PPF when making decisions relating to assets of the scheme, and acting in a claim concerning
an alleged breach of duty on the part of trustees of a small self administered scheme.
INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings
alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.
«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of
an alleged breach of their duties as directors, officers or shareholders of Snoras.
The breach of duty exception provides that in a lawsuit between an attorney and a client based on
an alleged breach of duty by the lawyer, attorney - client communications relevant to the breach are not protected by the attorney - client privilege.
There could accordingly have been no impediment to the claimant suing in negligence for
the alleged breach of duty by her professional advisers once such breach had caused loss in the form of her imprisonment.
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.
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.
One group further
alleges breaches of statutory
duty under the Data Protection Act 1998.
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 former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High Court to consolidate the two criminal charges bordering on
alleged corruption and
breach of trust brought against him by the Federal Government in the course
of his official
duties.
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.
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.
Accordingly, plaintiff
alleges, the course
breached its
duty to (a) «secure the premises
of the golf course and to warn its business invitees, including the Plaintiff,
of the alligator's aggressive presence, size, or aggressive behavior;» and (b) «make the golf course premises reasonably safe for the Plaintiff and to warn the Plaintiff
of the presence
of the large, dangerous, and aggressive alligator.»
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.
Rather, the asserted basis for liability is founded in: Mr. Kelley's
alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's
breach of a pleaded
duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».
defending claim made on behalf
of deceased's estate for injuries
alleged to have been caused by
breach of statutory
duties;
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.
In 2016 the team successfully defended NHS England in an
alleged breach of statutory
duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.
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.
Claims for damages for personal injury arising from an illness
alleged to have developed as a result
of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or
breach of duty or both.
Is the province and / or the federal government liable for
alleged breaches of pre - and post-Confederation
duties.
The claim further
alleges that TD is liable for providing knowing assistance in the
breaches of duties and
breaches of trust by Stanford and others.
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.