Although «disclosure» of risks may be statutorily satisfied, conduct inconsistent with fiduciary duties is not exempted and presumptions of
breach of duty still exist in a dual agency situation (brokers are still dual agents).
Not exact matches
But even if the Board had been informed
of these Settlement Agreements and the benefit they conferred on Shkreli and MSMB, and authorized Shkreli to enter into them, Shkreli
still breached his
duty of loyalty to Retrophin.
But even if the Board had been fully informed
of the self - dealing nature
of these transactions, they would
still constitute a
breach of his
duty of loyalty to Retrophin.
Even if the Board had been fully informed
of the Geller Consulting Agreement, Shkreli would
still have
breached his
duty of loyalty to Retrophin.
Even if the Board had been informed
of the Blanton Consulting Agreement, Shkreli would
still have
breached his
duty of loyalty to Retrophin.
Even if the Board had been informed
of the Rosenfeld Consulting Agreement, Shkreli would
still have
breached his
duty of loyalty to Retrophin.
Even if the plaintiff has strong evidence to establish that the defendant owed him a
duty of care,
breached that
duty, and caused the injuries, the defendant
still has the right to raise defenses that may eliminate or at least reduce his liability.
An arrangement will not constitute a bribe in the absence
of secrecy, although it may
still amount to a
breach of fiduciary
duty on the part
of the agent if the principal's fully informed consent is not obtained.
However, the court did accept that where trustees were in
breach of their own fiduciary
duty, or there was a causative mistake
of «sufficient gravity», the trustees may
still seek to set aside the disposition.