Obtained $ 50 million for Pacific Life against Bank of New York Mellon at conclusion of motions for summary judgment in breach of contract and
breach of fiduciary duty matter in an investment mismanagement case.
Serving as primary counsel and obtaining a dismissal of claims in
a breach of fiduciary duty matter against ERISA fiduciaries and trustees.
He assists clients with corporate governance and
breach of fiduciary duties matters, contract disputes, mass torts and product liability cases and with restrictive covenants and termination of business relationships issues.
Not exact matches
Mr. Broderick also handles complex civil cases, including
matters involving
breach of fiduciary duty and securities fraud.
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.
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.
Michael Muse - Fisher represents public and private companies in a variety
of state, federal and administrative cases involving contract disputes, commercial litigation, licensing and intellectual property
matters, eminent domain / inverse condemnation, government tort liability,
breach of fiduciary duty, as well as land - related torts.
Represented an executive
of a global professional services company sued for tax fraud and
breach of fiduciary duties in a high - profile
matter.
He has represented clients in felony and misdemeanor criminal trials, family law
matters, and a wide range
of commercial disputes - including
breach of contract,
breach of fiduciary duty, fraud, replevin, eviction, and real property issues.
Brandon's experience also includes general commercial litigation, including both plaintiff and defense
matters based on contract, professional liability,
breach of fiduciary duty and fraud.
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
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?
Peter has handled well in excess
of 1000 securities litigation
matters involving claims for violation
of federal and state securities laws,
breach of fiduciary duty, fraud, unauthorized trading, unsuitability, elder abuse and related claims.
Over the years Mark has dealt with many high - profile sports and intellectual property disputes, often in the Formula 1 industry and also with
breach of fiduciary duty claims and employment related
matters.
Represented major financial institution in
breach of fiduciary duty trade secrets
matter that resulted in favorable $ 47 million payment to client.
Her practice entails
matters in state and federal court, including business torts, class action defense, products liability,
breach of contract,
breach of fiduciary duties and allegations
of unfair business practice and fraud.
Her experience includes handling allegations
of breach of fiduciary duty, business divorces, contract disputes and indemnification claims, among other commercial
matters.
In civil litigation
matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including
breaches of contracts,
breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issues.
Manages a docket
of civil litigation
matters involving claims
of breaches of fiduciary duty, fraud, misrepresentations, DTPA violations, and negligence involving prominent real estate brokers and agents
Matt has represented clients in
matters relating to enforcement
of non-competition and non-solicitation agreements, misappropriation
of trade secrets and proprietary information,
breach of fiduciary duties and
breach of contract, shareholder oppression, and related business torts.
Ms. Evans has both prosecuted and defended clients in
matters involving will and trust contests, undue influence claims, competency, and
breaches of fiduciary duty.
Galloway and Collens, PLLC, provides results - oriented representation in
matters involving will contests, trust disputes, probate disputes, contested guardianships and conservatorships, and
breach of fiduciary duty.
Patricia also litigates complex business issues that arise out
of breach of fiduciary duty claims,
breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate
matters.
Hannah also represents corporate and individual clients in disputes involving
breach of contract,
breach of fiduciary duty, and intra-corporate
matters.
As a litigator, Craig represents businesses and individuals in employment, commercial litigation, minority shareholder rights,
breach of fiduciary duty,
breach of contract, unpaid wages and commissions, trade secrets, non-competition, deceptive trade practices, sales representatives, and unfair competition
matters.
Our attorneys regularly defend companies, organizations and associations, and their directors and officers, in
matters involving restraint
of trade / antitrust,
breach of contract, deceptive trade practices, business / corporate torts,
breach of fiduciary duty, shareholder disputes, usurpation
of corporate opportunity, among other claims.
She has a wealth
of experience in bonus disputes, share scheme disputes,
breaches of fiduciary duty and urgent and injunctive
matters, including injunctions against employees: to enforce post-termination restraints and to preserve confidential information.
His litigation experience runs the gamut from intellectual property
matters to general business conflicts, including
breach of contract, fraud, tortious interference, trade secret misappropriation,
breach of fiduciary duty, and shareholder derivative
matters.
His litigation practice emphasizes business tort,
breach of contract, aviation,
fiduciary duty, real estate, environmental, professional negligence, trade secret, employment and accounting
matters.
Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud,
breach of fiduciary duty,
breach of trust, employment
matters and defamation claims.
The subject
matter of litigation includes real estate fraud, non-disclosure disputes, professional negligence,
breach of fiduciary duty,
breach of contract, California Business & Professions Code, easement and boundary line disputes, to name a few.
Secured dismissal
of eight claims, and obtained defense verdict and dismissal
of breach of fiduciary duty claim in an additional claim in a
matter in which a pension fund sought more than $ 120 million from an investment consulting firm client.
Acting for a corporate claimant in a multimillion dollar action against an ex-director in High Court proceedings in relation to
breaches of fiduciary duty and other
matters.
He has represented clients in
matters involving partnership disputes, derivative actions,
breach of fiduciary duty, fraud, theft
of trade secrets and real estate disputes and transactions.
Ladd has extensive experience prosecuting and defending complex business litigation
matters, including disputes involving claims for
breach of contract, business fraud, violations
of fiduciary duties,
breach of non-compete covenants, theft
of trade secrets and business defamation.
In addition to IRS
matters, our taxation attorneys regularly appear in litigation related to contract disputes, fraud and conspiracy,
breach of fiduciary duty, unfair trade practices, partnership disputes, personal injury, gaming, intellectual property, administrative hearings, real estate, construction claims and professional malpractice.
With respect to corporate litigation, Dan has represented corporations and senior executives against claims
of fraud, RICO,
breach of contract,
breach of fiduciary duty, and fraudulent transfer claims.With respect to white collar criminal defense
matters, Dan has represented large companies, corporate executives and other individuals in cases
of mail fraud, tax fraud, bank fraud, violations
of the Food, Drug, and Cosmetic Act, in addition to other complex crimes.
Our lawyers regularly represent clients in a variety
of matters relating to
breaches of contract or
fiduciary duty, business torts and tortious contract interference.
Both
matters involve the alleged unlawful misappropriation and dissemination
of the company's confidential and proprietary trade secrets and other information by former members
of the company, unfair competition,
breach of fiduciary duties,
breach of contract and spoliation
of electronic evidence.
Working closely with Proskauer's team
of estate planning and administration lawyers, Jonathan litigates undue influence claims, will and trust contests, inheritance disputes,
breach of fiduciary duty claims, trust construction and modification actions, and similar probate and trust
matters through all phases
of dispute resolution.
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.
122 DOS 99
Matter of DOS v. Smith - failure to pay judgment; unauthorized practice
of law; salesperson
breaches fiduciary duty to principal by inducing principal to make two loans to other persons, guarantying payment
of said loans, failing to honor those guarantees and failing to satisfy a judgment entered against him; unauthorized practice
of law by drafting promissory note; $ 1,000.00 fine and suspension
of license until proof
of satisfaction
of judgment
1416 DOS 07
Matter of Dickson - broker; demand for $ 3,000 «termination fee» is demand for an unearned commission;
breach of fiduciary duty; offer
of property not authorized 175.10; improper advertising without identifying broker 175.25; $ 3000 fine and requirement
of unconditional release
of seller
CRC # 308
Matter of DOS v. Gomez, Consent Order - failure to place deposit in escrow account (19 NYCRR 175.1); conversion
of rent, security deposit and commission;
breach of fiduciary duty; restitution ($ 1,840) and $ 500 fine
73 DOS 95
Matter of DOS v. Marotta - consolidation
of actions; dual agency; disgorgement
of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent
of and full disclosure to principal; broker's agreement
breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement
breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct
of parties; dual agency allowed upon full disclosure and informed consent
of both buyer and seller; no commission earned by broker where
breach of fiduciary duty; refund unearned commissions
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
103 DOS 95
Matter of DOS v. Lana -
fiduciary duty; vicarious liability; dual agency;
breach of fiduciary duty where seller's agent advised buyer can purchase property for less than asking price; broker not liable without actual knowledge
of misconduct or after notice retains proceeds therefrom; mutually dependent transaction did not arise creating improper double agency; amend pleadings to conform to proof; two month suspension results