Sentences with phrase «fiduciary duties resulting»

Not exact matches

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.

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.

As a result, the first focus of our advocacy efforts was on getting financial planners to acknowledge a fiduciary duty to their customers throughout the planning process, including during implementation of their recommendations.

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

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.

Asset owners, asset managers and companies would, in the process, adopt a more holistic definition of fiduciary duty — one which incorporates sustainability and shapes investment frameworks as a result.

They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the risk of the fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.

On April 8 and 9, 2010, and all material times, Hamilton and Cassels Brock owed a fiduciary duty and duty of good faith to the Plaintiff, and were obligated to act with regard to the Plaintiffs interests and keep and protect the Plaintiffs confidences as a result of the relationship that existed as between the Plaintiff, Hamilton and Cassels Brock, including as a result of the legal advice that had been provided by Hamilton and Cassels Brock to the Plaintiff on or about April 7, 2010 at a time when the Plaintiff was vulnerable and dependent upon Hamilton and Cassels Brock and relying upon their professional advice.

We have a strong background handling business dissolutions resulting from tough economic times, partnership or shareholder disagreements, as well as breach of fiduciary duty.

Representation of minority shareholders in home healthcare franchising companies in various state court litigation involving breach of fiduciary duty, breach of a shareholders» agreement, fraud and other tort claims, including successfully prosecuting charges for violation of court orders freezing millions of corporate funds, resulting in a civil contempt judgment that included a jail sentence.

If the theoretical underpinning is that consequential damages result from a breach of fiduciary duty, then fees as damages are extended to a new frontier, and the American Rule is further diluted.

When a fiduciary duty is breached, serious damage to the business is often the result.

Represented a major electronics / defense firm in a case involving allegations of lost profits resulting from alleged breaches of fiduciary duties and tortious interference with contracts in connection with an alleged joint venture relationship.

Represented a national staffing company in a lawsuit regarding alleged breaches of contract, breaches of fiduciary duty, wrongful termination, and fraud, resulting in a favorable settlement on the eve of trial.

Represented major financial institution in breach of fiduciary duty trade secrets matter that resulted in favorable $ 47 million payment to client.

As a result, the question in many disputes involving minority ownership of LLCs is whether a fiduciary duty exists.

Galloway and Collens, PLLC, provides results - oriented representation in matters involving will contests, trust disputes, probate disputes, contested guardianships and conservatorships, and breach of fiduciary duty.

To allow a claim under § 1132 (a)(3) would permit «ERISA claimants to simply characterize a denial of benefits as a breach of fiduciary duty, a result which the Supreme Court expressly rejected.»

In family court there may be other ways to affirm a party's interest without a forced sale AND the family law court has full jurisdiction to set aside the transfer deed on any grounds that the civil court could rely upon (i.e., fraud, lack of consideration, duress, breach of fiduciary duty if applicable, constructive trust, resulting trust, etc.).

Although the trial judge erred in concluding Midland could recover its loss as the beneficiary of a fiduciary duty Roberts owed to Magellan, the court saw no error in the trial judge's finding that Midland suffered a loss of US$ 8.27 million as a direct result of Roberts» failure to disclose material information at the Magellan February Board meeting.

I'm glad to see the SCC is not treating fiduciary duty as the universal solvent, fit to use in all cases where you want a result.

The Court of Appeal upheld the trial judge's findings that McGoey, who was both CEO and director at UBS and Look, breached his fiduciary duties owed to UBS and its shareholders and held he was not entitled to receive millions in enhanced severance as a result of his wrongful conduct.

They alleged Mr. Harrod breached his fiduciary duty by failing to provide them with a copy of the home inspection report and review the results with them.

This results in fiduciary duties (to a virtual stranger, the seller) and leads to Limited Dual Agency.

A licensee breached her fiduciary duty when she purchased a property several years after her client's offer was rejected on that property, thus resulting in an award of $ 154,000 to the client.

The court found that the agent's interest was in conflict with his principal's interest, resulting in a breach of fiduciary duty.

The court held that although the sales people worked for the same broker, the listing agent could not be charged with the buyer's agent's fiduciary duties or liability resulting from their breach.

Breach of fiduciary duty, if proven, would result in forfeiture of commission.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

The cases I read where penalties were levied are all the result of very obvious infractions of fiduciary duty and not technicalities.

103 DOS 95 Matter of DOS v. Lana - fiduciary duty; vicarious liability; dual agency; breach of fiduciary duty where seller's agent advised buyer can purchase property for less than asking price; broker not liable without actual knowledge of misconduct or after notice retains proceeds therefrom; mutually dependent transaction did not arise creating improper double agency; amend pleadings to conform to proof; two month suspension results