Sentences with phrase «breach of duty by»

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.

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.

The accumulation of toxic fumes in the sewage pumping station at the junction of Elba Crescent and Baldwin Crescent, Crymlyn Burrows, Port Talbot on 10.10.96 and as to (a) the nature and source of the substance which accumulated in the sewage pumping station and in particular whether it was trichlorofluoromethane, (b) the nature and extent of duty of care owed to the various claimants by each of the respective defendants, (c) whether the substance accumulated as the result of a failure to take reasonable in the circumstances and / or other breach of duty by Gower Chemicals and / or Neath and Port Talbot County Borough Council, (d) whether the accumulation and toxicity were foreseeable by them.

Miller goes on to add some other activities which, in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction of the court, breach of duty by persons officially connected with the court or its process, forging, altering or abusing the process of the court, divulging the confidences of the jury room, preventing access by the public to courts of law, service of process in the precinct of the court, and disclosing the identity of witnesses.

The Chancellor also cited the administrators» counsel's reliance on the authority of Re Westmid Packing Services Limited, (no 2)(1998) 2 All ER 124 CA; to the effect that it is itself a breach of duty by the remaining directors to allow themselves to be dominated or bamboozled by one of their number.

Not exact matches

Judge slams deception by Hardie board Ten former directors and executives of building materials group James Hardie have been found to have breached their duties by making misleading statements about the firm's ability to pay asbestos compensation, in a decision that has wide - ranging implications for company boards.

Bouchard dismissed claims that Goldman Sachs & Co and Morgan Stanley aided the breach of fiduciary duty by consenting to the lockup waiver and collecting $ 10 million in fees from the secondary offering.

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.

STEVENSON, Md. --(BUSINESS WIRE)-- The securities litigation law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty and other violations of state law by the Board of Directors of DCT Industrial Trust Inc. (NYSE: DCT)(«DCT Industrial» or the «Company») relating to the proposed buyout of DCT Industrial by Prologis, Inc..

Rigrodsky & Long, P.A. announces that it is investigating potential legal claims against the board of directors of Analogic Corporation («Analogic» or the «Company»)(NASDAQ GS: ALOG) regarding possible breaches of fiduciary duties and other violations of law related to the Company's entry into an agreement to be acquired by an affiliate of Altaris Capital Partners, LLC («Altaris») in a transaction valued at approximately $ 1.1 billion.

At least three different law firms are investigating the Kayak sale for possible breaches of fiduciary duty by Kayak's board.

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.

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

By inducing Fearnow Share Recipients to give up stock they acquired because of their relationship with Retrophin for Shkreli's benefit, Shkreli breached his duty of loyalty to Retrophin.

Retrophin, Inc. («Retrophin» or the «Company»), by its counsel Cooley LLP, brings this Complaint against Martin Shkreli, its founder and former CEO, for repeatedly breaching his duty of loyalty to Retrophin.

By causing Retrophin to recharacterize MSMB Healthcare's subscription as a loan, repay such loan with interest, and pay Shkreli a cash advance — all for his own benefit and for the benefit of MSMB Capital — Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

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».

Christopher M. Sulyma filed a lawsuit on behalf of two proposed classes of participants in the Intel 401 (k) Savings Plan and the Intel Retirement Contribution Plan, claiming that the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments through custom - built target - date funds.

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.

By causing Retrophin to enter into the Marshall Settlement Agreement, Shkreli breached his duty of loyalty to the Company.

The lawsuit claimed the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments through custom - built target - date funds.

By causing Retrophin to violate the lock - up associated with the Convertible Note Offering, Shkreli breached his duty of loyalty to Retrophin.

«Financial Institutions could face a class action lawsuit... for systemically breaching the fiduciary duty of care by not sufficiently training their advisors.»

By causing Retrophin to enter into the Yaffe Consulting Agreement, Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

Plaintiff Christopher M. Sulyma, on behalf of two proposed classes of participants in the Intel 401 (k) Savings Plan and the Intel Retirement Contribution Plan, claims that the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments.

When a fiduciary engages in self - dealing, they breach their duty by acting in their own interests rather than the interests of their client.

This week, the SEC issued an order charging a registered investment adviser, along with its then - chief compliance officer, with breaching their fiduciary duties by failing to disclose a conflict of interest created by the outside business activity of one of the adviser's top - performing portfolio managers and failing to disclose a breach of the adviser's private investment policy by that portfolio manager.

SHAREHOLDER ALERT: Purcell Julie & Lefkowitz LLP Is Investigating Twenty - First Century Fox, Inc. for Potential Breaches Of Fiduciary Duty By Its Board of DirectoOf Fiduciary Duty By Its Board of Directoof Directors

Interviewed by Jennifer Brown of Canadian Lawyer InHouse magazine for a story relating to allegations of self dealing and breach of fiduciary duty by a former corporate officer, May 2, 2013.

Interviewed by Jeff Gray of The Globe and Mail concerning a recent Court of Appeal ruling involving breach of fiduciary duty, June 18, 2014.

Islam holds that if a man trespasses on a woman's rights by divorcing her without cause he is abusing his power and is therefore liable to be held responsible for committing a breach of duty.

If from a pagan point of view one were to warn against self - slaughter, it must be by a long detour, by showing that it was breach of duty toward one's fellow - men.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

A refusal to run onto the pitch would have breached the duty of care required of the medical team to their patient,» as quoted by the Telegraph.

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

«Director Cappuccilli's conduct clearly breached his fiduciary duty to the State Fair by favoring his personal event to the detriment of the fair,» the report reads.

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 investigation concerns possible breaches of fiduciary duty and other violations of law related to approval of the transaction by the Spark Networks board of directors.

New guidelines were released by Morgan following the High Court ruling that found there had been a «breach of duty» in omitting humanism from the new religious studies GCSE.

By using the «Sit and Stare» approach to punish students who have been opted out, these local school officials are violating the Common Core SBAC testing policy and are engaging in a serious breach of security and duty.

Plan fiduciaries have been charged with breaching their fiduciaries duties under ERISA by selecting more expensive share classes of investments than were available to the plan.

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.

Coverage under the policy would include losses by reason of any act, error, omission, misstatement, misleading statement, neglect or breach of duty.

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..

Update 3: Action - adventure Call of Duty next year, Activision establishes dedicated business unit for the franchise Update 2: Infinity Ward CEO no longer with the studio Update: «The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward,» Activision states in a recent SEC filing (cheers, G4).

Yesterday, the Call of Duty: Modern Warfare community was shook by the news that Infinity Ward bosses Vince Zampella and Jason West were dismissed by Activision over what the publisher termed as «breaches of contract and insubordination.»

Breach: Inspired by the corrosion of a post-apocalyptic industrial wasteland, the Call of Duty: Black Ops II Breach Personalization Pack comes loaded with a distressed weapon skin, three uniquely - shaped reticles, and an all - new Calling Card.

In relation to damage / loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties.