Sentences with phrase «duty of loyalty»

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.

In most other types of agency relationships, the agent owes their client fiduciary duties of loyalty and obedience.

But what constitutes a breach of the common law duty of loyalty can be a murky question and depends on the facts.

However, if properly used, the double duty of loyalty may lead to better house pricing and fidelity in our real estate market.

As the designated agent of both the seller and the buyer, the industry member would owe conflicting duties of loyalty, confidentiality and representing best interests, to the seller and buyer.

Unlike fiduciary duties, good faith performance does not engage duties of loyalty to the other contracting party or a duty to put the interests of the other contracting party first.

The usual duties of loyalty owed to each client can not be fulfilled.

The fiduciary duty of loyalty to the client is limited.

This article examines the dual vulnerability of consumers and agents, the double duty of loyalty, and proposes guidelines for dual agency.

Florida law governing employee duty of loyalty bars expresses the common - sense concept that it is against the law to undertake disloyal acts against the employer during the employment relationship.

Although Guideline 3 states that they are not intended to displace otherwise mandatory laws or «to derogate from the arbitration agreement or to undermine either party's representatives primary duty of loyalty to the party whom he or she represents» it is not clear how this will be interpreted.

• You have no general duty of loyalty to the other contracting party (unless you are contracting to be, or otherwise are a fiduciary, which is an entirely different discussion).

A plaintiff shareholder of the company alleged that the lawyer breached his fiduciary duty and duty of loyalty as a shareholder of the company and the lawyer failed to advise the plaintiff and others (the plaintiff was the majority shareholder) about the changes he made.

A board of directors, acting as steward with fiduciary duties to a company's shareholders, generally has significant duties of loyalty and care in overseeing management and the strategic direction of the company.

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.

And Charles Hollander in Conflicts of Interest strongly criticizes the reasoning in Stewart, as opening up post-retainer duties of loyalty beyond those recognized in Brookville Carriers Flatbed GP Inc. v. Blackjack Transport Ltd., 2008 NSCA 22 (CanLII),

A lawyer's duty of loyalty runs to the client, but business realities produce very real ethical dilemmas for Meghann and her co-workers.

As the late Hon. Michel Proulx and David Layton state, «[t] he leitmotif of conflict of interest is the broader duty of loyalty»: Ethics and Canadian Criminal Law (2001), at p. 287.

Conflicts Keep in mind that an attorney's duty of confidentiality and duty of loyalty survive termination of a representation and prevent an attorney from later representing an adversary of a former client that is substantially related to the prior representation.

We believe that the approach we have taken, a clarification of the important duty of loyalty, reflects the reality of the practice of law while at the same time protecting the public interest.

Thus, a real estate broker's duty of loyalty prohibits him from accepting

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.»

Laws in 25 states now allow brokers to provide services to buyers and sellers as «transaction brokers» or «facilitators,» without traditional fiduciary duties of loyalty and obedience.

Mr. Mavrick has also handled many cases involving allegations of breach of non-competition covenants and allegations involving breach of the common law employee duty of loyalty.

While most employees of the federal government are not employees at will, generally speaking attorney employees in governments that otherwise have civil service protections are employees at will (at least at the senior level) on the theory that attorneys have a special duty of loyalty to their employer not shared by other civil servants.

They are expressly not intended to derogate from the Arbitration Agreement (as defined in the Preamble) or to undermine the legal representative's primary duty of loyalty to the client or the obligation to present that party's case effectively.

and which defines a civil tort and remedies for misappropriation of trade secrets; (2) enforcement of the general duty of loyalty that employees (the people most likely to be given access to a trade secret) have, at least while they are on the payroll, not to disclose their employers» proprietary information to others; and (3) enforcement of contracts, including confidentiality agreements, entered into by people and companies given access to trade secrets.

... The duty of commitment to the client's cause has been recognized by the Court as a distinct element of the broader common law duty of loyalty and thus unquestionably is a legal principle:...

By contrast, Delaware Chancery Court Judge Leo Strine, now chief justice of the state Supreme Court, wrote in the Wake Forest Law Review: «Corporate law requires directors, as a matter of their duty of loyalty, to pursue a good faith strategy to maximize profits for the stockholders.»

The creator of FarmVille had asked the Delaware Court of Chancery to dismiss a lawsuit that alleged Pincus and other Zynga directors breached their duty of loyalty to shareholders by waiving the lockup for select investors.

How, given the competing interests, were these board members able to exercise the duty of loyalty required of them?

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

By inducing Fearnow Share Recipients to give up stock they acquired because of their relationship with Retrophin for Shkreli's benefit, Shkreli breached his duty of loyalty to Retrophin.

Retrophin, Inc. («Retrophin» or the «Company»), by its counsel Cooley LLP, brings this Complaint against Martin Shkreli, its founder and former CEO, for repeatedly breaching his duty of loyalty to Retrophin.

But even if the Board had been informed of these Settlement Agreements and the benefit they conferred on Shkreli and MSMB, and authorized Shkreli to enter into them, Shkreli still breached his duty of loyalty to Retrophin.

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.

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;

Retrophin brings this case against its founder, Martin Shkreli, for repeatedly breaching his duty of loyalty to Retrophin.

This conduct was a clear breach of Shkreli's duty of loyalty to Retrophin, and the benefits Shkreli received are subject to disgorgement under Delaware law.

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.

Even if the Board had been fully informed of the Geller Consulting Agreement, Shkreli would still have breached his duty of loyalty to Retrophin.

Directors and officers of a company incorporated under Delaware law owe the corporation a duty of loyalty.

Even if the Board had been informed of the Blanton Consulting Agreement, Shkreli would still have breached 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.