Obtained jury verdict in favor of power plant construction company in
federal breach of fiduciary duty claim against former CEO.
Not exact matches
Defending technology company and its board
of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging
claims for
breach of fiduciary duty,
breach of contract, and rescission; prosecuting action in NJ
federal court on behalf
of executive terminated in
breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging
breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification
of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds
of cases in
federal and state courts throughout the United States involving
claims of retaliation, discrimination, wrongful termination, fraud, defamation,
breach of fiduciary duty, and
breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
In its decision, the
Federal Court
of Appeal considered four issues: whether the Colony
of British Columbia had
breached its pre-emption legislation; whether the Colony had
breached a
fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's
breaches under the Specific
Claim's Tribunal Act; and whether Canada's post-Confederation allotments
of Band reserves remedied any potential
breaches and fulfilled any possible
fiduciary duties owed.
Willie has prosecuted and defended
claims involving
breach of contract, tortious interference, state and
federal antitrust, common law and statutory fraud, misappropriation
of trade secrets, negligent misrepresentation, business disparagement, state and
federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance,
breach of fiduciary duty, shareholder oppression, and qui tam.
Peter has handled well in excess
of 1000 securities litigation matters involving
claims for violation
of federal and state securities laws,
breach of fiduciary duty, fraud, unauthorized trading, unsuitability, elder abuse and related
claims.
The Specific
Claims Tribunal determined Williams Lake had established the validity
of the
claim against the
federal Crown: there were pre-emptive purchases
of the lands by settlers, in contravention
of colonial policy and law; such contraventions constituted a
breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in
breach of its
fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead
of settlers» interests; Canada was liable for B.C.'s pre-Confederation
breaches of legislation and
fiduciary duty, pursuant to the Act; and Canada also
breached its post-Confederation
fiduciary duties by failing to provide reserve lands to Williams Lake.