Sentences with phrase «as fiduciary claim»
He also performs estate and trust planning and administration, as well as fiduciary claim litigation and ancillary administration.
http://www.primerus.com/ Not exact matches
Dale Brown, FSI's president and CEO, stated on the call that FSI, as well as the other groups joining the suit, «has supported a uniform fiduciary standard since 2009 — before Dodd - Frank became law... but the Department of Labor's complex and unworkable rule will only harm the smaller investors it claims to protect.»
The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»
Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.
We should view the Academies as holding a professional duty to the public, a fiduciary duty, to endorse scientific claims only after thorough, published review.
The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.
We represent clients in a broad range of will contests, including claims of undue influence and breach of fiduciary duties, as well as with issues regarding guardianships, conservatorships, and personal representative disputes.
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 states the DOL «will not pursue claims against fiduciaries who are working diligently and in good faith to comply with the fiduciary duty rule and exemptions, or treat those fiduciaries as being in violation of the fiduciary duty rule and exemptions.»
The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence...
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.
Badoux's practice spans a national and international scale as he handles a variety of labor and employment litigation matters, including labor relations, harassment claims, wage and hour audits, breach of fiduciary duties and more.
Mr. Kohanski formerly acted as a director of that association.27 The association claimed that he had breached his fiduciary duty and had committed the tort of conspiracy.
We have litigated individual ERISA benefit claims under life, health, and disability policies, as well as bad faith and fiduciary claims.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
As for the breach of fiduciary duty, Justice Perell decided that the plaintiffs» claims for breach of fiduciary duty and aiding or abetting a breach of fiduciary duty should not be certified, and those claims should be dismissed.
Will also defends financial advisors, stock brokers, insurance agents, appraisers and other professionals facing claims of negligence and fiduciary duty violations was well as restaurants, hotels and other retail establishments in premises liability litigation in state and federal courts.
The tentative ruling also allowed the estate's claims against the Zouves Fertility Center for conversion and breach of fiduciary duty, but struck those same claims by the widow as an individual.
On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.
May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?
Serving as primary counsel and obtaining a dismissal of claims in a breach of fiduciary duty matter against ERISA fiduciaries and trustees.
BAT Industries v Sequana Acting for BAT Industries in a multi-party, multi-jurisdictional commercial dispute concerning liability for environmental pollution of rivers in the United States, and a claim in Chancery Division for over US$ 800 million in respect of dividends paid out by a company in the face of a contingent indemnity liability in respect of such pollution, allegedly unlawfully, in breach of fiduciary duty and as a transaction defrauding creditors under s423 Insolvency Act 1986.
Reviewing the facts, the Court held that the plaintiff's claim that the law firm had a conflict was «colorable,» the lawyers should have realized there was a conflict, and the lawyers, as fiduciaries, «were *** obligated to inform him of the facts underlying [MasterCard's] claim that his attorneys» «failures» might have caused his losses, the existence of a potential conflict, and that he should seek independent counsel for advice.»
Recent examples include defending against a civil RICO claim, allegations of discriminatory lending practices under the Fair Housing Act and Equal Credit Opportunity Act, breach of fiduciary duty claims, and insurance coverage claims, as well as prosecuting a breach of construction contract claim and various tort and contract claims related to a real estate dispute.
Paul has extensive experience handling all matters related to civil appeals, and has successfully represented clients in appellate cases involving real estate law, family law and divorce, and personal injury claims, as well as business or fiduciary (estate and probate) cases.
The Mediterranean Insurance & Reinsurance Company v Collins Acting as sole counsel for the Liquidators of an insurance and reinsurance company on a claim for breach of fiduciary duty through check fraud.
The team will help clients understand and preserve their rights vis - à - vis the claims process and other potential litigation, as well as analyze and defend any potential fiduciary or other exposure in connection with the investment of monies with Madoff and BMIS.
Our litigators have successfully resolved disputes ranging from claims of breach of fiduciary duty to executive compensation claims to retirement plan funding, as well as claims under RICO, the Americans With Disabilities Act («ADA») and the Age Discrimination in Employment Act («ADEA»), among others.
John is also regularly instructed to appear in analogous cases in the High Court and County Court such as claims in which a purchaser seeks to enforce post-contractual restrictions against a vendor of a business; claims to enforce duties of confidentiality; claims in which a company to enforce a former director's fiduciary duties; and claims under the Commercial Agents (Council Directive) Regulations 1993.
Acted as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination.
He represents clients across a range of industries, including finance, healthcare and manufacturing, in both the defense and prosecution of claims involving matters such as breach of contract, fiduciary breach, fraud and the False Claimclaims involving matters such as breach of contract, fiduciary breach, fraud and the False ClaimsClaims Act.
(As a solicitor) Acted for Rabobank Nederland in its $ 200 million claim against NatWest Bank plc for fraud, misrepresentation and breach of fiduciary duty in the Commercial Court, culminating in a 53 - day Commercial Court trial.
We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.
To allow a claim under § 1132 (a)(3) would permit «ERISA claimants to simply characterize a denial of benefits as a breach of fiduciary duty, a result which the Supreme Court expressly rejected.»
The claim concerned alleged negligence in the bank's performance as fiduciary asset manager of the pension scheme.
Won a $ 1 million jury trial as to insurance code violations, deceptive trade and breach of fiduciary duty claims.
She has particular expertise in conspiracy and economic tort claims, claims involving breaches of directors» and fiduciary duties and duties of confidence, as well as in bonus and other contractual disputes, including those with an international element and those relating to LLPs.
Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).
Breach of fiduciary duty claims against executors and trustees — acting for beneficiaries or co - executors / co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;
The Supreme Court of Canada found that the plaintiffs could not possibly succeed in an action based on fiduciary duty, as the patients» vulnerability alone could not ground such a claim.
These claims address areas such as prospectus and other disclosure obligations, restatements, mutual fund trading and marketing, broker - dealer duties to clients and counter-parties, fiduciary duties and insider trading.
A lengthy statement of claim advanced numerous allegations including fraudulent breach of contract at common law as well as breaches of fiduciary duty said to consist in deliberate and dishonest under - accounting.
Our civil litigators deal with complex issues in areas such as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual harassment and breach of fiduciary duties.
Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent
(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.
Our attorneys assist employers and plan fiduciaries, including pension plan trustees, in litigation matters, such as claims for plan benefits and claims for breach of fiduciary duties.
The regulator also claims that, as a chartered limited purpose trust company with fiduciary powers under the banking law, itBit can begin operating immediately and is subject to ongoing supervision by the NYDFS.
He says his practice mirrors a NATIONAL ASSOCIATION OF REALTORS ® study from several years ago stating that claims most commonly come from buyers and center around accusations of misrepresentation, failure to disclose defects and deficiencies, and failure to perform as a fiduciary.
Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.
The court also pointed out that the purchaser's claim was not for breach of fiduciary duty, but rather, was for Tri-Professional's misrepresentations as to the property offered for sale as well as its authority to sell it.