Sentences with phrase «even fiduciary duty»

Large funding implies stewardship, governance, even fiduciary duty.

Not exact matches

Nothing in the MBA oath exhorts MBAs to turn their backs on their fiduciary duties to shareholders, nor even to push in that direction beyond the minimal expectations of decency.

However, the SEC's proposal contains an even more fundamental flaw: Even if brokers were held to a fiduciary standard of conduct, the ambiguous interpretation of the fiduciary «Duty of Care» makes any regulation difficult to enforce and confusing for all parteven more fundamental flaw: Even if brokers were held to a fiduciary standard of conduct, the ambiguous interpretation of the fiduciary «Duty of Care» makes any regulation difficult to enforce and confusing for all partEven if brokers were held to a fiduciary standard of conduct, the ambiguous interpretation of the fiduciary «Duty of Care» makes any regulation difficult to enforce and confusing for all parties.

The banks aren't even fulfilling their fiduciary duties to investors.

And with the DoL fiduciary rule effective date looming large in April of 2017, large broker - dealers may suddenly transition hundreds or even thousands of brokers into a new fiduciary obligation, all at once, with only perhaps some sales and product training, but not the training and education necessary to be capable of fulfilling their fiduciary duty of care!

It's one of the single most feared (or even loathed) provisions of the Department of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).

Even more troubling, we have been told that Benchmark has been conferring with Lowercase Capital with respect to adverse action against Uber, indicating that they are seeking to remove Arianna Huffington from the Board and, in clear violation of their fiduciary duties, wrongfully leaked highly confidential details from the investigation by former Attorney General Eric Holder.

McBee said that with a publicly traded company he has a fiduciary duty to his shareholders to prioritize profits at the firm even as a groundswell of change engulfs the telecommunications industry.

But Schneiderman's investigation showed that Lugo and her board violated their fiduciary responsibility to the parade by failing to perform «basic duties» of oversight on Velasquez, never even asking for back - up documentation for his summary reports.

Another has been sort of ignored because it doesn't deal with Amazon even though it is yet another example of how some agents are potentially getting into a conflict of interest, or at least a very grey and murky area of fiduciary duty to their clients.

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.

Announce a going - private transaction and you put the company in play, and even a chummy board may feel obliged to honor its fiduciary duty if a higher bid comes along.

In this case, with their basic lack of fiduciary duty / intelligence in stacking up such an unsustainable mountain of debt, and then when faced with the looming end - result, their apparent inability to deal with or even recognize the bloody problem... You just can't run a business for growth when you're in this much financial distress.

While you certainly have challenged our notion that boards represent the interests of the shareholders, we remain optimistic that, with some persistence, shareholders can prevail on even the most intransigent management and board to listen to their concerns and protect their investment or personally pay back shareholders for what, in our opinion, is a gross dereliction of fiduciary duty.

But I do find Faust's argument weakened by her failure even to acknowledge that existing definitions of «endowment» and «fiduciary responsibility» — the duty of trustees to build endowments — need a fresh look.

The argument that it's oil executives» fiduciary duty to forestall adapting as long as possible in the name of maximum profits is flawed, obviously from a stakeholder standpoint but also even from a shareholder one.

Even if there is no contract, obligations to respect confidential information, and fiduciary duties (in the case of key employees) last beyond the end of employment and can limit competition.

Even if you have a fiduciary duty to the board, they can not prevent you from protecting yourself.

In Dorozhko, the 2nd Circuit held that the SEC can proceed with fraud charges against a hacker for engaging in insider trading even though he owed no fiduciary duty to the company whose shares he traded.

If your insurance company fails to pay a claim or falsely denies your claims, you may be entitled to sue for breach of contract, breach of fiduciary duty, bad faith and even for violations of the Colorado Consumer Protection Act.

Although fact specific, Global Risks shows that even senior employees may not owe fiduciary duties and that employees who are not fiduciaries are not required to pursue their employer's interests at their own expense.

We even handle the more complex cases that most smaller and solo firms won't handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services.

In every ground breaking decision the Crown makes arguments that the Court points out are singularly lacking in merit and that display a serious disregard for the Crown's, its obligation to avoid even the appearance of «sharp dealing», to resolve ambiguities in treaties and in statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crown.

Refunding several hundred thousand dollars may be a costly way to make this case go away, but it seems that cost of litigating it (and divulging its billing records or risking the creation of an explicit and heightened fiduciary duty to clients with respect to fees) are even higher.

With precedent - setting cases awarding these damages, as well as for invasion of privacy, intentional infliction of mental suffering, defamation, loss of reputation, breach of fiduciary duty and even negligence, garden variety dismissals now flirt with becoming significant lawsuits.

Even if true, the price is too high, i.e., it will create a «profit duty» that will conflict with a lawyer's fiduciary duty to his / her clients.

Fiduciary duties can arise out of formal relationships, such as a lawyer or partner, or even informal relationships, if the specific facts or circumstances require the imposition of fiduciarFiduciary duties can arise out of formal relationships, such as a lawyer or partner, or even informal relationships, if the specific facts or circumstances require the imposition of fiduciaryfiduciary duties.

Recovery on Fiduciary Duty Aiding / Abetting Count Not Justify Fees, Even Though Plaintiff Recovered $ 7.1 Million Jury Verdict.

The lawyer must put the client first, even to his or her own detriment, that is the nature of the fiduciary duty owed by lawyers to their clients.

Recently in van der Fluit v. Yates, the Delaware Court of Chancery dismissed fiduciary duty claims against the board of a company stemming from its acquisition, even though the court concluded that business judgment review did not...

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.»

Even an employee not owing a fiduciary duty is said to be obliged to disclose forthcoming competitive threats posed by others.

In particular, Haddon - Cave J had to consider whether employees (owing a fiduciary duty or otherwise) have a duty to inform their employer of a mounting competitive threat, even if that competitive threat comes or will come from the employee himself.

Adoption of an approach to regulating conflicts of interest that diverges significantly from the Supreme Court's bright line test and interpretation of fiduciary duties might lead to lawyers being removed as counsel by a court even though they have complied with the rules set by law societies.

The appeals opinion held (correctly) that, no matter how long their close personal relationship had continued, there was no fiduciary duty because she was not his agent and didn't have direct access to his bank accounts, or even to his beach house when he wasn't present with her.

While the Court's approach of directing the State to negotiate even when it is reluctant to do so ensures an ongoing dialogue between the parties it stops short of seeing negotiation as a legal right of Indigenous people to whom the State owes a fiduciary duty.

A licensee can give lousy service even if he gives his client advocacy and has fiduciary duties.

The reason we can't call ourselves sales persons is the only thing we sell when we represent a buyer is our services — we can not «sell» a home since we have a fiduciary duty to represent the best interests of the buyer — even if that means trying to talk them out of buying a home.

As long as I don't agree to dual agency and with the other side unrepresented, I don't even have the scope of fiduciary duties owed to me by my realtor reduced.

Persuasive and even provocative procedures that protect your fiduciary duty with your client «contract.»

Even if it was unintentional and didn't damage the seller, there are consequences associated with breaching fiduciary duties.

This course of action would be in opposition to his fiduciary duties, which require that he should show everything on the market, perhaps even FSBOs.

I do not believe a Lawyer or Doctor or even Mechanic can waive their fiduciary duties, with a simple letter or waiver, like a REALTORr can today in some provinces, which is the real problem, isn't it.

In fact, even REBBA 2002 which contemplates fiduciary duty but doesn't address mere listers seems ripe for challenge.

That disclaimer as far as I am concerned is not only too vague concerning the extent of the restrictions on fiduciary duty, it opposes the very notion of same and I would argue that most clients do not fully understand this even when explained.

Remember if you are the listing agent or a subagent to the seller, your principal fiduciary duty is to the sellers, even if you are also working with the buyers as customers.

Sadly, these Realtors don't even realize that their poor attitude and lack of co-operation with fellow Realtors is not doing their own client any favours, but is in fact a breach of their fiduciary duties toward their own principals.

On appeal, Letsos raised three issues, the first being that even though the Agreement had expired, Brusha and New West continued to act as his agent, and therefore still owed him fiduciary duties.

Therefore, as shown in the Cricket Club Condo case, even if the money is used for another common area fix, it is nevertheless a breach of fiduciary duty — the Condo Board must spend the money as it has been delineated to be spent in the Special Assessment Notice.

These factors led the court to conclude the agent had no fiduciary duty to disclose the racial composition or ethnic diversity of a neighborhood to a potential buyer, even when the buyer requests such information.