Sentences with phrase «as alleged breaches»

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

Not exact matches

Earlier this week, a regulator ordered CBA to keep an extra A$ 1 billion ($ 750 million) in cash reserves as punishment for the alleged money laundering breaches, which it is contesting.

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

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.

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.

In the wake of the upcoming GDPR, as well as recent data breaches and alleged data misuse with Cambridge Analytica, Equifax, My Fitness Pal, and others, it's never been a better time for organizations to take a close look and ask hard questions around...

Four years after the BHA complained to the European Commission (EC) alleging that UK law breaks European law in allowing widespread discrimination in employment by faith schools, and two years after the EC took the matter up as the subject of a formal investigation, the Commission has decided that there is no breach of current legislation.

Israel has alleged that Hamas is using the mass marches as a cover for attacking the border fence, and has vowed to prevent a breach at all costs.

It is also alleged the company breached its continuous disclosure obligations by not telling the market sooner it would not meet its profit forecasts, including as early as at its October annual general meeting.

They added: «It is further alleged that this is an «Aggravated Breach» as defined by FA Rule E3 [2] as it included a reference to ethnic origin and / or colour and / or race and / or nationality and / or religion or belief.»

Four years after the British Humanist Association (BHA) complained to the European Commission (EC) alleging that UK law breaks European law in allowing widespread discrimination in employment by «faith» schools, and two years after the Commission took the matter up as the subject of a formal investigation, the Commission has decided that there is in fact no breach of the relevant legislation.

A Metropolitan Police spokesperson stated that Blair was only being «interviewed as a witness» but declined to state whether the interview related to alleged breaches of the Honours (Prevention of Abuses) Act or alleged perversion of the course of justice.

The petition was filed on August 18 at the Presidency and is demanding that a process to remove the EC boss should be commenced over alleged breaches of public procurement practices and provisions of the Public Procurement Act 2003 (Act 663), as well as gross financial mismanagement.

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.

Following the recent presidential pardon granted some convicts by President Goodluck Jonathan, Socioeconomic Rights and Accountability Project, SERAP has called on the government of President Goodluck Jonathan to immediately «rescind the alleged state pardon granted former Bayelsa State Governor, Diepreye Alamieyeseigha, and former head, Bank of the North, Shettima Bulama, as the said pardon is a fundamental breach of the country's constitution and international anti-corruption obligations.»

Shema is being charged alongside three others, Sani Hamisu Makana, Lawal Ahmad Safana and Ibrahim Lawal Dankaba before Justice Maikaita Bako of the Katsina State High Court for the alleged offences of criminal breach of trust, abuse of office and conversion of public funds to the tune of over N11billion Naira during his tenure as governor.

A Liberal Democrat representative said: «We have been made aware of an alleged breach of party rules and are looking into the issue as a matter of urgency.»

As allegations that Fox had breached the ministerial code mounted — it was alleged that Werritty was improperly using business cards claiming he was an adviser to Fox, and had gained access to high - level meetings — an inquiry was launched by the Ministry of Defence's permanent secretary and by the then cabinet secretary, Gus O'Donnell.

«It is important to state here that there has never been a time when Modakeke engaged in any action capable of breaching the 1999 Peace Agreement as alleged by the groups.

As a condition of your use of this website, you agree to indemnify Holistic Wellness and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.

You further agree that if any third party brings or threatens any action against us as a result of any alleged act by you in relation to your use of the Services which, if proved, would be unlawful or in breach of these terms, you will indemnify us against our own legal costs in defending such action or threat whether or not the alleged act is proved and whether or not our defense is successful.

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

Corporate Veil Smith's attorneys initially argued that much of what Smith was being sued for was outside of the scope of the home inspection, but as the case progressed they began to lean heavily on the argument that as a corporate officer, Smith should not be liable for the contract breach of SHI, the corporate entity, and consequently was not accountable for the alleged mistakes.

The court case we've run is alleging breaches of the responsible lending obligations, as well as some instances of unconscionable conduct in relation to a series of loans that were given to consumers for the purchase of motor vehicles.

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).

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.

Sony obviously have some MAJOR security issues to iron out — again, better DDoS mitigation is required, and it's scary to think they're STILL experiencing major security breaches (think of the month they had to shut PSN down a few years ago, as well as alleged retaliation from North Korea over «The Interview»)-- but retaliation is NEVER the answer.

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Michaels and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys» fees and expenses)(each, a «Claim») arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.

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.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

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.

Summary: The appellant appealed to a judgment of the Svea Court of Appeal, alleging that a Swedish arbitral award was invalid, as it resolved non-arbitrable issues breaching Swedish and Russian...

Defended a major financial institution in residential mortgage backed securities - related class action litigation alleging breach of contract and other claims arising from the institution's role as an indenture trustee.

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.

(3) The jury may also --(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it; (b) have regard to any health and safety guidance that relates to the alleged breach.

Failure of the Corporation to Enforce the Declaration The applicants also alleged that the condominium corporation permitted or enabled breaches of the declaration, as patrons of other food service units in the condominium in close proximity to the food court used the exclusive food court seating area.

«Project X»: represented Respondent purchaser of «superyacht» defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent's obligation of confidentiality arising under that agreement.

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.

LexMeet has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as LexMeet considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property (4) violation of confidentiality.

In Soil Instruments Ltd v Mr Robert King Mason, His Honour Judge Bird, sitting as a Deputy Judge of the High Court, considered whether Mr King Mason should be committed to prison for alleged breaches of an Order made by Mrs Justice May on 26th July 2017, concerning the use of confidential information under a restrictive covenant.

Where the matter is an alleged breach of contract, the employer must have committed an independent actionable wrong, such as (but not limited to) a breach of the duty of good faith described above, to be ordered to pay punitive damages.

Within the restricted two - year period after Lanning's departure, Manitowoc alleged that Lanning breached this covenant by engaging in competitive activities such as actively recruiting (or poaching) some of Manitowoc employees to work for his new company.

A UK company which successfully negotiated a # 1,000 compound penalty as an alternative to being prosecuted for alleged breaches of Open General Export Licences arising from the sale of armoured vehicle components within the EU.

The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George «breached the duties of reasonable care» when they allowed Daniel McCormack to become a priest in the first place.

In Spina v. Shoppers Drug Mart, the firm represents the interests of the owners of Shoppers Drug Mart franchises in an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.

Northrock sued ExxonMobil, its subsidiaries, and the third party, alleging that the transfer by ExxonMobil to its subsidiaries was in breach of the principle established in GATXCorp v Hawker Siddeley Canada Inc («GATX») that a seller acts in bad faith if a transaction is structured so as to avoid ROFR obligations.