Sentences with phrase «fiduciary breach for»
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.
http://www.thefiduciaryinstitute.org/ Not exact matches
Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct.
BYE, FOUNDER FRIENDLY: Benchmark has sued former CEO Travis Kalanick for fraud, breach of contract and breach of fiduciary duty.
At least three different law firms are investigating the Kayak sale for possible breaches of fiduciary duty by Kayak's board.
Kalanick filed his response late on Thursday to the suit brought by Benchmark Capital, an early investor in Uber suing him for alleged fraud, breach of contract, and fiduciary duty.
The case, filed in U.S. District Court for the Southern District of New York, alleges breach of fiduciary duty under the Employee Retirement Income Security Act.
Weeks later, Benchmark sued Kalanick for fraud, breach of contract, and breach of fiduciary responsibility; the complaint focuses on Kalanick's control over Uber's board makeup.
«Financial Institutions could face a class action lawsuit... for systemically breaching the fiduciary duty of care by not sufficiently training their advisors.»
This bank is obviously collapsing and any money manager who holds onto this stock for clients is in serious breach of fiduciary duty.
In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.
Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.
This is why what happened last week was so shocking: the venture capital firm Benchmark Capital filed suit against former Uber CEO Travis Kalanick for fraud, break of contract, and breach of fiduciary duty.
Clients could also sue the adviser for breaching fiduciary duty.
This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.
«Blackstone further breached its fiduciary duty by choosing to negotiate a legal fee arrangement with greater benefits for itself than the funds it advised, without properly disclosing the arrangement.»
SHAREHOLDER ALERT: Purcell Julie & Lefkowitz LLP Is Investigating Twenty - First Century Fox, Inc. for Potential Breaches Of Fiduciary Duty By Its Board of Directors
Interviewed by Jennifer Brown of Canadian Lawyer InHouse magazine for a story relating to allegations of self dealing and breach of fiduciary duty by a former corporate officer, May 2, 2013.
At an August 22, 2012 hearing, the court dismissed certain claims but permitted certain claims for breach of fiduciary duty to proceed.
The Rams dismissed Mr Rush for gross misconduct and breach of fiduciary duty in May 2017.
He said the decision found no breach of fiduciary duty, no breach of contract, and no basis for claiming excessive profits.
TechCrunch filed suit against Fusion Garage on Dec. 11 for false advertising, breach of fiduciary duty, misappropriation of business deals, fraud and deceit, and unlawful business practices.
For example, when financial advisors — faced with a dizzying array of share classes and sales charge structures — choose a fund that provides more generous compensation, they may be accused of breaching their fiduciary duty.
Following some lengthy analysis of the facts and the previous decisions in the case, the district court «concludes that defendants are liable for breaching their fiduciary obligations and are liable beginning on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this breach.»
The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.
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.
Levi & Korsinsky is investigating the Board of Directors of VaxGen, Inc. («VaxGen» or the «Company»)(OTC BB: VXGN) for possible breaches of fiduciary duty and other violations of state law in connection with their attempt to sell the Company to Oxigene Inc. («Oxigene»)(NasdaqGM: OXGN).
Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual «investigation» into unstated and unsubstantiated charges of «insubordination» and «breach of fiduciary duty,» which then became the grounds for their termination on Monday, March 1st.»
«For this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents staFor this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents stafor breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.
In a 2015 bulletin, the DOL provided clarity for fiduciaries managing investments under the Employee Retirement Income Act, affirming that when ESG is core to value, sustainable investing does not breach fiduciary duty.
It did, however, lose the opportunity to build goodwill by strategically allocating its product during a time of shortage.107 To the extent the stock sale premium reflected this diversion of a corporate opportunity, the selling stockholder was liable for a breach of fiduciary duty.108 A corporate recovery would not have benefitted the selling shareholder — i.e., «those from whom the recovery is had» — but would have benefitted the parties who had induced the very breach that occasioned the recovery.109 The court accordingly ordered direct relief to the minority shareholders.110
The breaches of fiduciary duty were to the fellow shareholders who were not told of the sisters» plans for a «switch» in ownership once Hottie Body Boutique's sunk costs were repaid.
The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.
My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.
The Plaintiffclaims as against the Defendant, Arthur Hamilton («Hamilton»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence.
Thus, regarding the claim for negligent breach of fiduciary duty, the Superior Court grant of summary judgment in favor of defendants was reversed.
Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty.
Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.
Acting for a major international telecommunications company based in the Middle East in bringing proceedings against its former directors for breach of fiduciary duties and misappropriating company funds.
The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence...
Acted (with Robert Miles QC and Mark Howard QC) in claims for conspiracy and dishonest breach of fiduciary duty in relation to a Cayman investment fund of hedge funds.
The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents» or broker's misrepresentations.
Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.
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.
After five years of litigation and a nearly two - week trial, the team received a defense verdict on a hard fought class action case for breach of fiduciary duty against Mr. Hughes.
Johnston is also advising a construction company in a claim against a solicitor relating to negligent advice regarding a Part 36 offer and cost consequences given to the client following litigation, and Hall is handling a claim against solicitors for negligence and a breach of fiduciary duty relating to a property transaction.
acting for a group of companies in the Singapore High Court to claim against their ex-staff for siphoning off business in breach of their director and fiduciary duties
-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».
He has handled complex commercial disputes, shareholder derivative litigation, declaratory judgment actions, and has secured emergency injunctions relating to claims for breach of contract, fiduciary duties, fraud and professional negligence.
Speaker, «ERISA Fiduciary Liability Insurance: Limiting Exposure for Breach of Duty Claims Negotiating the Policy, Overcoming Coverage Challenges, and Responding to Enforcement and Litigation,» Strafford (Webinar / Teleconference)(December 22, 2009)
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.