Sentences with phrase «breach of the duty of loyalty»

exercising continued control over the Fearnow Shares, and reallocating them to suit his personal interests, Shkreli misused Retrophin assets and usurped a Retrophin business opportunity in breach of his duty of loyalty to Retrophin.

A classic example of breach of this duty of loyalty by a real estate broker is a broker who purchases property

disgorgement of all monies paid and stock or options granted to Shkreli during the time that he engaged in conduct that constituted a breach of his duty of loyalty to Retrophin;

But even if the Board had been fully informed of the self - dealing nature of these transactions, they would still constitute a breach of his duty of loyalty to Retrophin.

Under the faithless servant doctrine, an employee is not entitled to any compensation paid to him or granted to him during the time that he engaged in conduct that constituted a breach of the duty of loyalty, and an employer is entitled to recover all such compensation paid to the employee.

Failure to do so results in a breach of the duty of loyalty.

The company is seeking damages, to be determined during a jury trial, from both Anderson and Urmson for breach of contract, breach of duty of loyalty and aiding and abetting breach of duty of loyalty among other things.

Shkreli's use of a Retrophin corporate opportunity to extract 90,000 Retrophin shares from Fernandez and Mulleady was a breach of his duty of loyalty to Retrophin.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

I conclude that in Canada, under the broad umbrella of good conscience, constructive trusts are recognized both for wrongful acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation.»

In such a case, the onus falls on the client claiming a breach of the duty of loyalty to establish, on a balance of probabilities, the existence of a conflict: McKercher at para 38.

Of all the fiduciary duties, a breach of the duty of loyalty carries the most severe consequences for fiduciaries and provides the best remedies to clients.