Sentences with phrase «breach of the duty as»

The court may order a delay pending the outcome of a criminal investigation, or a breach of your duties as specified in the Bankruptcy and Insolvency Act, or due to a prior bankruptcy.

«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of an alleged breach of their duties as directors, officers or shareholders of Snoras.

You would likely be asking for a restraining order or injunction from the President's breaches of duty as an officer of the company before a NY State Court.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

Not exact matches

«The Commission has manifestly breached its duty to provide a clear and unequivocal statement of reasons in its decision, in relying simultaneously on grossly divergent factual scenarios, in contradicting itself as to the source of the rule that Ireland is said to have breached, and in suggesting that Ireland granted aid in relation to profits taxable in other jurisdictions,» the statement said.

The 12 - year old scandal over the Australian Wheat Board's payments to the government of Iraq has moved closer to final resolution, with its former chairman Trevor Flugge convicted today of breaching his duties as a director but cleared of more serious charges concerning his knowledge of the payments.

By causing Retrophin to recharacterize MSMB Healthcare's subscription as a loan, repay such loan with interest, and pay Shkreli a cash advance — all for his own benefit and for the benefit of MSMB Capital — Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

Under Delaware law, a director or officer who breaches his duty of loyalty should be required to compensate the company for any damages that the company sustained as a result

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.

Leaving aside materiality — and I guess there's some question as to whether a court would find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

Elliott was not originally named as a defendant, but after initial discovery showed the extent of its involvement in the Board's breaches of fiduciary duty, Elliott was added as a defendant in an amended complaint under the theory that Elliott exercised actual control over the Board's decision - making.

A refusal to run onto the pitch would have breached the duty of care required of the medical team to their patient,» as quoted by the Telegraph.

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

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 CFO Lisa Terrill and COO Sherm Atkinson, have come forward indicating significant breaches of fiduciary duty as part of the News Corp. transaction,» continued Greenspan.

All would have been lost for the people of Canaan had these doughty warriors set seriously to work, breaching the walls and sacking the city as was surely their duty.

That could be construed as a breach of fiduciary duty.

The SEC defines illegal insider trading as: -LSB-...] buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material,...

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

Plan fiduciaries are accused of breaching their duties in the design, management, operation and administration of an active large cap U.S. stock fund offered as a core menu investment option.

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Well think of the Call of Duty series as the Fruit Loops and Breach as the big off - brand bag.

Yesterday, the Call of Duty: Modern Warfare community was shook by the news that Infinity Ward bosses Vince Zampella and Jason West were dismissed by Activision over what the publisher termed as «breaches of contract and insubordination.»

In relation to damage / loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties.

But more than that, it's a breach of your own professional duty as an ethical engineer too.

Following a settlement agreement with the US Department of Justice in 2010, and a fine of $ 400 million, a settlement was then reached with the SFO: BAE Systems pleaded guilty to one charge of breach of duty to keep accounting records and paid a # 30m penalty, some of which was distributed as a charitable payment for the benefit of Tanzania.

She works as a singleton expert within her firm and provides reports on personal injury needs and quantum on high value cases and clinical negligence / breach of duty.

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

Instead, the Court appeared to indirectly remind the EU of its duty not to recognise as lawful the situation resulting from Morocco's breach of the right to self - determination of Western Sahara, by stating that the EU «could not properly support» any intention of Morocco to include the waters of Western Sahara.

In other words, in its infancy, the bad practice of lawyers was a concept involving such matters as procedure, decorum, respect, and deference — not breach duties owed to the client.

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.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injury.

of the Legal Prof. 283, at pp. 296 - 298, I suggested that we should regard lawyer independence as a public trust and that we should meld non-governmental oversight and the public trust as the way to deal with lawyer regulators who breach their fiduciary duty to regulate in the public interest.

Given: (1) the misery and damage caused to the majority of the population by the problem; and, (2) the law societies» refusal to try to solve the problem, the commercial producers have a strong argument that they should be treated as equal to the ABSs in providing relief from the consequences of the law societies» breach of trust, i.e., their failure to perform the duties attendant to their monopoly over the provision of legal services.

The Plaintiffclaims as against the Defendant, Arthur Hamilton («Hamilton»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence.

An injured Maine motorcyclist must be able to submit admissible evidence that more likely than not a defendant's breach of duty (such as a right - of - way violation) was the cause of his injuries.

We represent clients in a broad range of will contests, including claims of undue influence and breach of fiduciary duties, as well as with issues regarding guardianships, conservatorships, and personal representative disputes.

However, compliance is business critical because, as can be seen from Johnsons, the penalties and costs of remedying breaches of the pension duties can escalate rapidly.

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

As a team, our medical malpractice lawyers, researchers, experts and you will need to prove that duty of care existed, was breached, and caused your provable injuries and suffering.

The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence...

Mr Gower was also awarded two weeks» pay under s. 38 of the Employment Act 2002 which states that compensation can be awarded if an employer is in breach of its duty to provide written employment particulars or, as here, particulars of change.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

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.

You may be able to file a lawsuit against the owner of the road, such as a municipality, on the basis of negligence if you can show (1) it owed you a duty of reasonable care, (2) it breached that duty, (3) the breach was the proximate cause of the accident, and (4) damages resulted.

Med Mining and Minerals Limited v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving claims for breach of directors» duties under Indonesian law.

Mr. Kohanski formerly acted as a director of that association.27 The association claimed that he had breached his fiduciary duty and had committed the tort of conspiracy.