Sentences with phrase «breach of fiduciary duty claim by»

Defended breach of fiduciary duty claim by corporation against its former CEO arising from CEO's alleged theft of corporate opportunity and establishment of competing business; after trial, CEO used profits from his new business to acquire his former employer

Not exact matches

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.

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.

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.

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.

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.

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.

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).

Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 million contract.

In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.

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.

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?

... plaintiff's common - law breach of fiduciary duty and gross negligence claims must be dismissed because they are preempted by the Martin Act.

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.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

Later won summary judgment on claims sounding in negligent hiring, supervision, retention, and breach of fiduciary duty based on the absence of knowledge of a propensity to abuse by the leadership of the parish and the diocese before the time of the abuse.

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.

The United States Court of Appeals held that Judge Castel in the SDNY had properly dismissed claims of a breach of fiduciary duty under ERISA asserted against Morgan Stanley Investment Management by the Pension Benefit Guaranty...

Acted for a joint venture partner involved in the design and development of a condominium project in a claim arising from a breach of fiduciary duty and the joint venture agreement by the managing joint venture partner

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

The FOS has no jurisdiction in respect of claims for unenforceable loans, and claims for breach of fiduciary duty including claims for secret commissions paid on payment protection insurance (PPI) policies introduced and financed by the lender.

Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 - million contract.

His expertise involves challenges and interpretation of wills, contested passing of accounts, claims for support by dependants, and disputes relating to breaches of fiduciary duties.

We advised the director of a large tour operator on proposed claims by the administrators for wrongful trading, breaches of statutory and fiduciary duties and preference payments.

Indeed, a lawyer who departs with little or no advance notice to his or her colleagues, or deliberately conceals his or her plans to depart, is exposed to a claim by the firm for, among other things, breach of fiduciary duty.

Figuring out how to dissect that kind of claim from a breach - of - fiduciary - duty point of view gets muddled by the «standing» issues underlying the third - party - beneficiary line of malpractice cases we have here in Florida.

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

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

However, his fifth alternative of devising a notional cross-motion for partial summary judgment by the respondents for their claim of breach of fiduciary duty, which was never raised with the parties, amounted to a denial of procedural fairness.

Regardless of insurance claim records (breach of fiduciary duty represents about five per cent of claims in B.C.), the stats are categorized by the dominant insured risk and I'm convinced lurking inside the major claim categories of negligence and negligent misrepresentation (nearly 80 per cent of all claims in B.C.), we could find some agency issues.

After reviewing the evidence presented to the jury, the Texas Court of Appeals, Third District, the court decided that although there was some evidence that the insurer had breached its fiduciary duty by failing to promptly settle for the full amount of the owners» claims, it determined that the insurer hadn't violated the Texas consumer fraud statute and knowingly engaged in deceptive acts.

Subsequently, the seller filed a lawsuit against Maki claiming, among other things, that the broker had breached fiduciary duty to the seller by making false representations regarding the buyers» ability to obtain financing and by misrepresenting the operation and effect of the home inspection contingency.

Also, the purchaser's claim for common law breach of fiduciary duty was abrogated by the Washington statute which prescribes statutory duties that real estate brokers owe to their clients.

When Letsos subsequently learned of Brusha's resale to Hernandez, he filed a complaint against Brusha and New West, claiming that both had breached their fiduciary duties to him by not disclosing that Brusha had found a buyer.

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.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained