Sentences with phrase «breach of fiduciary duty on»

Legal malpractice is a term used to describe negligence, breach of contract, or breach of fiduciary duty on the part of an attorney that is detrimental to the client.

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.

Not exact matches

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.

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.

In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «in breach of a fiduciary duty or other relationship of trust and confidence.»

With the implementation date of the Department of Labor's fiduciary rule looming large in April, all attention has been focused on how financial advisors and their Financial Institutions are making adjustments to manage their compensation conflicts of interest, to avoid breaching the fiduciary's fundamental duty of loyalty to act in the client's best interests.

If you don't believe that, do some research on «breach of fiduciary duty.»

And even so, it's not a breach of fiduciary duty to be wrong about the ultimate effect of an action (or inaction) on a corporation's value; it's only a breach of fiduciary duty if you're wrong and reckless or knowing in being wrong.

TechCrunch filed suit against Fusion Garage on Dec. 11 for false advertising, breach of fiduciary duty, misappropriation of business deals, fraud and deceit, and unlawful business practices.

Doing otherwise will be a criminal act on your behalf (embezzlement / breach of fiduciary 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, IncOn 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, Incon 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..

Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual «investigation» into unstated and unsubstantiated charges of «insubordination» and «breach of fiduciary duty,» which then became the grounds for their termination on Monday, March 1st.»

In new papers filed Monday, Mrs. Cowles's lawyers — who accuse Mr. Gagosian of fraud, breach of fiduciary duty and unjust enrichment — reveal a series of sometimes frank deal - making e-mails that appear to show exactly how the painting was sold and how Mr. Gagosian made a $ 1 million commission on a $ 2 million sale.

The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.

After five years of litigation and a nearly two - week trial, the team received a defense verdict on a hard fought class action case for breach of fiduciary duty against Mr. Hughes.

John has counseled clients in actions based on violation of state and federal securities laws relating to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and alleged breach of fiduciary duty.

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.

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

Offshore courts keen to protect their local financial services industries may well be willing to uphold such measures (as was the case in Emerald Bay Worldwide v Barclays Wealth Directors — where the Guernsey Court of Appeal allowed nominee directors to rely on an indemnity, notwithstanding their breaches of fiduciary duty).

Instead of a post-mortem on a deal gone bad or accusations from shareholders of fiduciary duty breaches, in business school case discussions, we can take a forward - looking approach and ask what should happen.

Interim injunctive relief was successfully obtained and the substantive claim was based on breach of confidence, conspiracy, breach of contract and breach of fiduciary duty.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

Claims for conspiracy, breach of contract and fiduciary duty and damages of # 2.5 m. Although the individual was found to have breached his contract, he was not ordered to pay any damages to the claimants and he succeeded on his counterclaim for an unpaid bonus and indemnity costs.

He advises on commercial disputes of all sizes and particularly on international cases, including fraud, breaches of fiduciary duty and breaches of trust.

His cases have included contested winding - up proceedings / shareholder disputes / protection; worldwide freezing and disclosure orders in respect of large scale fraud; company law, property and contractual disputes; trust disputes; breach of directors» duties / breach of fiduciary duties / recovery of assets; advising on Cayman Islands «STAR» trusts / transactions to defraud creditors.

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.

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.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

One way to avoid breaching your fiduciary duties is to ensure that Board Resolutions are created each and every time a major decision is made by the board of directors or shareholders on the company's behalf.

In its ruling, the BCSC found Jin had breached her fiduciary duty when she purchased the 3,000 shares on Aug. 22 after learning of Cameco's offer.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

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?

Represented a national staffing company in a lawsuit regarding alleged breaches of contract, breaches of fiduciary duty, wrongful termination, and fraud, resulting in a favorable settlement on the eve of trial.

Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.

The plaintiff subsequently issued an action against the University and a number of faculty members seeking damages on the basis of breach of contract, negligence, and breach of fiduciary duty.

Platt v. Platt Ref: [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal) Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and / or non-disclosure and / or in breach of his fiduciary duty.

The Mediterranean Insurance & Reinsurance Company v Collins Acting as sole counsel for the Liquidators of an insurance and reinsurance company on a claim for breach of fiduciary duty through check fraud.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).

Intellimedia Systems Limited v Richards Acting for the Defendants on a claim for breach of fiduciary duty relating to an internet protocol tv business and responding to urgent interim applications for the appointment of a receiver and freezing order - type relief.

Interactive Technology Corporation Limited v Ferster Acting for a company on claims against one of its directors to set aside a purported sale of the Company's assets and claims for breach of fiduciary duty (with Richard Snowden QC and Nigel Dougherty).

John handles the entire range of disputes that his real estate clients may encounter, with a strong emphasis on helping Texas brokers and agents resolve claims of breach of fiduciary duty, fraud, misrepresentation, DTPA violations and negligence.

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.

Obtained TRO and preliminary injunction and favorable settlement on behalf of a national law firm in breach of fiduciary duty and theft of trade secrets case against another national firm.