Sentences with phrase «fiduciary breach»

In a lawsuit filed last week in San Jose federal court, the attorneys alleged a cornucopia of fiduciary breaches tied to excessive fees, record keeping, and the components of the company's target - date funds.

The plaintiffs allege fiduciary breaches regarding the selection and monitoring of the Principal CITs» underlying investment options.

I have litigated scores of employee benefits matters, ranging the gamut between individual benefits claims and class action fiduciary breach actions on behalf of employers, plan sponsors, insurers, claim fiduciaries and claimants.

These matters have included disputes involving fiduciary breach allegations against officers, directors, pension trustees and their advisors, bad faith claims against insurers and allied professions, errors and omissions claims against professionals, environmental contamination and large fires and explosions.

This principle means, of course, a «one size fits all» disclosure regime is suspect on its face of fiduciary breach for the simple reason that all clients are not equal in their investing knowledge.

A new Employee Retirement Income Security Act (ERISA) fiduciary breach lawsuit filed in the U.S. District Court for the District of Columbia names as defendants Georgetown University and several officials tasked with overseeing the university's defined contribution (DC) retirement plans.

Aboriginal Law: Pre-Confederation Fiduciary Breaches Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4 (36983)

However, after determining that separate property and pre-separation community income fiduciary breaches could not give rise to sanctions under Family Code section 1101 and reversing 4 of 16 listed fiduciary duty violations, the Sixth District determined that section 1101 (g), a mandatory fee statute, could not support a fee award as far as the 4 reversed breaches were concerned.

Successfully represented an ESOP trustee against claims for benefits and accompanying allegations of fiduciary breach.

To remedy these alleged fiduciary breaches, plaintiffs seek relief under 29 U.S.C. § 1132 (a)(2) and (3), as well as 29 U.S.C. § 1109 (a).

Of course, this translates to an additional 4 % return, a significant figure to be sure, but perhaps not enough to convince me that there has been a fiduciary breach.

However, it is an unusual circumstance and could influence a court's view as to whether a fiduciary breach occurred or has been properly alleged in the complaint.

I do not want to suggest that this result is not actionable if it was caused by a fiduciary breach.

It's only under the Department of Labor's fiduciary rule that the fiduciary duty is not just an obligation of the advisor but also the Financial Institution, and it's only under the DoL rule (unlike the Investment Advisers Act) that fiduciary breaches must have the opportunity to escalate to class action status.

They do not challenge either the decision to use passive investments or index funds, but say the fiduciary breaches relate to which underlying investments were used — a determination that fell squarely within the scope of the defendants» fiduciary duties.

According to the compliant, in addition to its fiduciary breach under the Employee Retirement Income Security Act (ERISA), Fidelity also attempted to conceal its improperly conservative investment and excessive fees from investors by solely reporting to investors an inappropriate «money market» benchmark for the MIP rather than a proper stable value fund benchmark that made the MIP returns appear to be competitive.

Both monetary damages and equitable relief may be available when a fiduciary breaches his duties.

Regarding the claim for negligent breach if fiduciary duty, the court stated that the limitations period begins to run when the beneficiary actually knows that the fiduciary breached the trust.

Plaintiff won a $ 1.35 million verdict on a contractual breach, fiduciary breach and conversion counts, while cross - complainant / defendant won $ 3.2 million (after a post-trial remittitur) on wrongful fee termination / failure to pay damages and liquidated damages claims.

He represents clients across a range of industries, including finance, healthcare and manufacturing, in both the defense and prosecution of claims involving matters such as breach of contract, fiduciary breach, fraud and the False Claims Act.

Some courts might be willing to settle for simply ending any fiduciary breach, without making the managers make up any investment loss to the charity.

Bryan Cave's ERISA and Employee Benefits Litigation Team handles a broad spectrum of ERISA and employee benefit disputes — from individual benefit claims to the defense of class actions for cutting - edge theories of fiduciary breach.