Sentences with phrase «fiduciary duties in»

Realtors must have fiduciary duties in order to be entitled to a (full) commission.

We absolutely need the clauses in those forms to modify our fiduciary duties in order to allow us to work the way we do.

William acted in a dispute concerning the merger of a series of accountancy partnerships and partnerships between IFAs, following breaches of fiduciary duties in the breakdown of those joint ventures;

Horner points to BCE Inc. v. 1976 Debentureholders, where the Supreme Court said in 2008 that Canadian fiduciary duties in a change of control situation are different from what is found in the U.S., where the board's duties are to the shareholders.

Those of us who have had to refer to Ballem's masterpiece, The oil and gas lease in Canada (now in its third edition) and his pioneering work on fiduciary duties in the 1963 Alberta Law Review, will likely not realize that he was also the author of fourteen novels (The Devil's Lighter, The Dirty Scenario, The Judas Conspiracy (reissued as Alberta Alone), The Moon Pool, Sacrifice Play, The Marigot Run, Oilpatch Empire, Death Spiral, The Barons, Manchineel,... [more]

Achieved dismissal of class action litigation challenging client's $ 6.3 billion acquisition as breach of fiduciary duties in parallel proceedings in Florida state court and Delaware Chancery Court (2015)

The solution was not to place its function as administrator and its associated fiduciary duties in abeyance.

In Calma v. Templeton, the plaintiff alleged that a board of directors breached their fiduciary duties in awarding themselves restricted stock units (RSUs) pursuant to a stockholder - approved equity incentive compensation plan.

Co-author, «Corporate Fiduciary Duties in Times of Financial Distress,» 33rd Annual AIRA Bankruptcy and Restructuring Conference, June 3, 2017

In its decision in the 2009 HudBay proceedings, the Ontario Securities Commission noted that an adviser's success - based compensation may adversely affect the ability of a board to rely on financial advice: «a fairness opinion prepared by a financial adviser who is being paid a signing fee or a success fee does not assist directors comprising a special committee of independent directors in demonstrating the due care they have taken in complying with their fiduciary duties in approving a transaction.»

Courts in Texas have commonly recognized the existence of fiduciary duties in the following relationships: Attorneys, employees, agents, escrow agents, insurance agents, holders of a power of attorney, corporate officers, joint venturers, executors and trustees, securities brokers, taxpayers, class representatives, mineral - rights holders, and condominium board members — just to name a few.

We wrote Fiduciary Duties in Canada to guide other lawyers in this area.

Global Energy Horizons Corp v Grey [2012] EWHC 3703 (Ch) Imposition of fiduciary duties in a non-traditional context.

Represented an executive of a global professional services company sued for tax fraud and breach of fiduciary duties in a high - profile matter.

Acting for three individuals in defence of a # 40m claim made against them in the Commercial Court for deceit, conspiracy to deceive and breach of fiduciary duties in connection to their successful management buy - out of a technology company.

«We believe this solution can help empower the adviser and the consultant to fulfill their fiduciary duties in areas such as plan design and investment selection.

Today marks the beginning of Fiduciary September 2015, the month declared four years ago by the Institute for the Fiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and investors.

Thus, Cyprus actually holds a higher standard in fiduciary duties in terms of legal protection from rogue investment companies than the U.K., which is still not in full compliance of the MiFID.

I first discussed the lack of a fiduciary duty in 2013.

A Tribune Publishing shareholder filed a lawsuit in a Delaware court Wednesday, charging Chairman Michael Ferro and the board with breaching their fiduciary duty in rejecting Gannett's $ 15 - per - share offer to buy the company.

The Rams dismissed Mr Rush for gross misconduct and breach of fiduciary duty in May 2017.

Disgruntled shareholders have now initiated several class actions against the board of VXGN over possible breaches of fiduciary duty in the sale to OXGN.

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.

(As a solicitor) Acted for Rabobank Nederland in its $ 200 million claim against NatWest Bank plc for fraud, misrepresentation and breach of fiduciary duty in the Commercial Court, culminating in a 53 - day Commercial Court trial.

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

Representation of the directors and officers of an investment bank in a derivative suit alleging breach of fiduciary duty in connection with executive compensation.

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

In fact, on very slim evidence, the Court found that the 1981 CAPL agreement created not just a fiduciary duty in relation to these monies but an express trust.

The aspect of fiduciary duty in respect to what is Common Law «is the Representative acting in the Best Interest, in terms of advice and services.»

In George v. Bolen, the Court of Appeals of Kansas addressed breach of fiduciary duty in an implied agency situation.

A jury in California ruled that a Coldwell Banker real estate agent did not breach his fiduciary duty in a case involving discrepancies in a home...

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.

A fiduciary has a legal duty to act in your best interest and can be sued for taking actions otherwise.

«Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns,» Hamilton wrote in her Medium post.

«It would only seem reasonable to ask: from a fiduciary duty standpoint, in whose best interests are they really serving?»

Bouchard dismissed claims that Goldman Sachs & Co and Morgan Stanley aided the breach of fiduciary duty by consenting to the lockup waiver and collecting $ 10 million in fees from the secondary offering.

The United States Department of Labor tackled this issue another way in April, by saddling advisers with fiduciary duty, meaning they must act in the best interests of their clients.

Essentially, they want to see that all these materials adequately and accurately reflect the operations of the firm; that the advisor is meeting his or her fiduciary duty by ensuring that the activities being undertaken in client portfolios are, at all times, in the client's best interests; and that the firm is supervising the activities of its staff and taking corrective actions when and if any deficiencies are found.

If your adviser is a broker and overseen by the private Financial Industry Regulatory Authority, the broker has no fiduciary duty to act in your best interest.

But the same person can switch from being an investment adviser with a fiduciary duty to act in your best interests to a broker who can sell you something and not act in your best interests in the same conversation.»

Business owners offering 401 (k) plans have a fiduciary duty to their employees, says Jonathan Bergman, vice president and chief investment officer of Palisades Hudson Financial Group, a financial planning firm in Scarsdale, N.Y..

In the U.S., we generally believe that publicly - held firms are to be managed for «shareholder value» (technically, the Securities Exchange Commission's Code of Ethics for CEOs only requires the firm to provide full, fair, accurate and timely financial reporting, and to flag any known conflicts of interest or violations of securities law, but state laws often impose stricter fiduciary duties on the firm's top managers).

Boards are empowered to protect shareholders, but many shareholders have become sympathetic to activists because they believe the system has inherent conflicts of interest; that directors are more interested in collecting paychecks and preserving their status quo than in exercising their fiduciary duty to shareholders.

And herein lies the ethical question, posed to me by a director today: «When does hanging on or digging in breach a fiduciary duty by the director to act in the company's best interest, rather than the director's?»

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.

Rigrodsky & Long, P.A. announces that it is investigating potential legal claims against the board of directors of Analogic Corporation («Analogic» or the «Company»)(NASDAQ GS: ALOG) regarding possible breaches of fiduciary duties and other violations of law related to the Company's entry into an agreement to be acquired by an affiliate of Altaris Capital Partners, LLC («Altaris») in a transaction valued at approximately $ 1.1 billion.

In many countries, board members and, as a consequence, managers have a fiduciary duty to maximize the wealth of shareholders.

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.

Weighing shareholders» expressed preferences against its fiduciary duty to act in the long - term best interest of the Company, the Committee recommended, and the Board has concluded, that the continuity and quality of leadership that results from a classified board contributes to long - term shareholder value and is in the best interests of the Company and its shareholders.

Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns.