Sentences with phrase «breach of fiduciary duty by»

Sauerhoff - Kessler Realty Corp. v. Roma Shopping Plaza (201 A.D. 2d 477) summary judgment for broker affirmed; claim of breach of fiduciary duty by procuring insolvent, non-viable tenant rejected.

In Century 21 J. E. M. Realty v. Bona Vista Farm, the Alberta Court of Appeal addressed an alleged breach of fiduciary duty by a broker who sought to put pressure on a seller / principal by finding alternative and cheaper land to offer a buyer.

No breach of fiduciary duty by buyer's representative who did not pay deposit to seller, Ballard v. Cleveland, No. 02AP - 485, 2002 WL 31870134 (Ohio Ct..

The court found that the Fords had adequately alleged a breach of fiduciary duty by the Salesperson.

Defended a communications company: shareholder derivative action asserting breach of fiduciary duty by introducing certain subscription TV offers.

In Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320, the court partially upheld complicated and detailed findings of fraud, unlawful conspiracy, deceit, and breach of fiduciary duty by the shareholders and directors of two failed corporate ventures to develop oil and gas fields in Russia.

In the recently released endorsement, In the Estate of Norma Baer, the Court grappled with a contested passing of accounts in the face of an admitted breach of fiduciary duty by the estate trustees.

Investigating a suspected breach of fiduciary duty by two partners in an international venture capital firm, an Am Law 100 law firm sought temporary restraining orders in three jurisdictions (London, New York and Los Angeles) and needed help uncovering evidence that the two partners were exploiting corporate opportunities that belonged to the partnership.

Appearing for and advising former directors of a company in relation to numerous allegations of fraud and breach of fiduciary duty by former shareholders and the purchasers of the company.

[83] There was, in any event, no breach of fiduciary duty by either sister in negotiating the agreement with Hottie Body Boutique, which was fully disclosed to the shareholders of Flirty Girl Fitness and beneficial to the corporation.

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.

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.

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

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

When an attorney breaches any of these fiduciary duties by acting negligently / incompetently or failing to uphold standards under lawyer ethics or the professional code of conduct, a client may have an action for legal malpractice.

He represents clients in complex civil and commercial litigation, including extensive experience in securities litigation, product liability litigation, bankruptcy - related disputes, contract disputes, and disputes involving breaches of fiduciary duties by directors, officers, shareholders and partners.

We regularly advise clients in relation to loan / payment defaults, insolvencies, receiverships, fraud, breach of fiduciary duties by directors and officers and trustees, shareholder disputes, professional negligence claims, investment product «misselling» claims and the related regulatory / compliance investigation and employment disputes.

Not exact matches

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.

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.

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.

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.

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

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.

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

«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 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.

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.

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..

It did, however, lose the opportunity to build goodwill by strategically allocating its product during a time of shortage.107 To the extent the stock sale premium reflected this diversion of a corporate opportunity, the selling stockholder was liable for a breach of fiduciary duty.108 A corporate recovery would not have benefitted the selling shareholder — i.e., «those from whom the recovery is had» — but would have benefitted the parties who had induced the very breach that occasioned the recovery.109 The court accordingly ordered direct relief to the minority shareholders.110

The widow of a software company CEO claims a lawyer breached a fiduciary duty by failing to safeguard the frozen sperm of the widow's late husband.

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

Tried and defeated claims of breach of contract, breach of fiduciary duty and declaratory relief brought by plaintiffs who sought to both obtain control of the clients» intellectual property rights and secure a large monetary award.

Acting (led by Paul McGrath QC) in the Commercial Court for a FTSE 100 company in claims of conspiracy and breach of fiduciary duty against former employees and other individuals relating to the misappropriation of funds.

Under the Limitations Act, 2002, claims for breach of fiduciary duty are caught by the phrase «claims pursued in court» in s. 2 (1).

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

Matter between wealthy individual and investment advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor

The evidentiary details are the means by which Mr. Skurka intends to prove his defence that he was not negligent or in breach of fiduciary duty and his allegation that Mr. Jacobson suffered no damages because he is not an innocent man.

The majority of the Court generally agreed that Indalex had breached its fiduciary duty as plan administrator but that the constructive trust imposed by the Ontario Court of Appeal was not the appropriate remedy.

The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty.

Trial Victory by Joe Garin and Steve Keim Real Estate Broker client was sued for 1) Breach of Contract, 2) Breach of Fiduciary Duties, 3) Violation of the Securities Act, and 4) intentional and negligent misrepresentation.