Sentences with phrase «applying fiduciary law»

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 good.

Not exact matches

Additionally, the prohibition does not apply if credit history is a bona fide occupational qualification of a position, including a position that: is a managerial position; involves access to financial information not customarily provided in a retail transaction; involves a fiduciary responsibility to the employer; provides an expense account for travel; or is a law enforcement officer.

Moreover, just weeks after St. Simons and RFF were decided, the ABA House of Delegates passed a resolution urging all «federal, state, tribal, territorial and local legislative, judicial and other governmental bodies» to support applying the attorney - client privilege to protect from disclosure «confidential communications between law firm personnel and their firms» designated in - house counsel made for the purpose of the rendition of professional legal services to the law firm» and to reject any claim that conflict of interest principles or the «fiduciary exception» undermine that claim of privilege.

First, the fiduciary exception, well recognized in New York law as applied to trustees and other fiduciaries, should apply here as well.

These courts applied the fiduciary exception broadly to require disclosure of internal law firm communications about all aspects of the attorney - client relationship.

Perhaps the dean, who guided him during his law studies, ought to have encouraged him to research the public consequences of fiduciaries engaging in breach of trust, before applying to become a lawyer.

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the Constitution Act, 1867.

(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.