Sentences with phrase «breach of fiduciary duty when»

The appeal judge found that the arbitrator erred by failing to apply the principles that inform the remedies for breach of fiduciary duty when deciding on entitlement to bonus money.

In Dowd, the Court stated that a lawyer's conduct is a breach of fiduciary duty when, before the lawyer departs, he «secretly attempt [s] to lure firm clients (even those that the partner has brought into the firm and personally represented) to the new association, l [ies] to the clients about their rights with respect to their choice of counsel and abandon [s] the firm on short notice.»

She won a case involving insurance breach of fiduciary duty when customers of a Lavaca County restaurant became sick with Hepatitis A.

Not exact matches

When a fiduciary engages in self - dealing, they breach their duty by acting in their own interests rather than the interests of their client.

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.

For example, when financial advisors — faced with a dizzying array of share classes and sales charge structures — choose a fund that provides more generous compensation, they may be accused of breaching their fiduciary duty.

BTZ alleges Nguyen breached his contract and fiduciary duty to the firm when he «improperly solicited» some of its clients to come with him when he resigned in early 2015, including Indcondo Building Corporation, a property development company with a $ 20 - million claim against its one - time business partner.

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.

When a beneficiary would be unreasonably disadvantaged not to be informed of a trust's existence, the trustee's fiduciary duty includes an obligation to disclose the existence of the trust, and where that prevented the beneficiary from making a claim within the prescribed notice period, the duty was breached.

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.

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?

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

Probate litigation may be required when disputes arise regarding will contests, trust disputes or an alleged breach of fiduciary duty.

Breach of Fiduciary Duty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and coFiduciary Duty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and confideDuty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and cofiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and confideduty claims arise when a broker or registered investment advisor violates a client's trust and confidence.

When businesses have to deal with the improper actions of their directors and / or employees, David has represented companies in breach of fiduciary duty, trade secret, tortious interference and business conspiracy cases involving both directors and employees.

Essentially, the bookkeeper and de facto office manager loaned large sums of money to the firm; when the firm went bankrupt and she became merely an unsecured creditor, she sued for negligence, breach of contract and breach of fiduciary duty.

The decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 provides insight on when corporations that are de facto under control of a fraudster can be held liable for claims of knowing assistance in the breach of fiduciary duty and knowing receipt of trust property.

A licensee breached her fiduciary duty when she purchased a property several years after her client's offer was rejected on that property, thus resulting in an award of $ 154,000 to the client.

When the buyers discovered the discrepancy between the county record and the MLS listing, they sued their representative and the seller's representative for fraud, breach of fiduciary duty, and violation of the Texas Deceptive Trade Practices Act.

When the Buyer later discovered that the Property was significantly less than 15,000 square feet, he filed a lawsuit against the Brokerage and the Listing Broker alleging misrepresentation and breach of fiduciary duty.

A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers» property.

Mississippi's highest court has affirmed a lower court ruling that dual agent real estate breached her fiduciary duty to her buyer clients when she only gave a copy of termite report to the sellers.

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.

A Texas court has considered whether a real estate broker who helped his clients locate investment opportunities breached his fiduciary duty when the broker purchased one of the investment opportunities for his own account.

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

When the Olsens learned about the Rickstrew transaction and its sale price, they brought suit, claiming breach of fiduciary duty since Vail Associates had not disclosed to them that Lindholm was purchasing the Rickstrew ranch and the purchase price.

When a licensee is acting as a dual agent, the licensee needs to disclose this fact to his / her client and failure to do so is a breach of his / her fiduciary duty.