Sentences with phrase «fiduciary duty also»

A breach of fiduciary duty also may be a violation of NAR's Code of Ethics and Standards of Practice.

Not mentioned by the court, but in addition, since many state real estate license laws prohibit conduct which constitutes a breach of fiduciary duty, a broker who violates a fiduciary duty also may be putting his real estate brokerage license in jeopardy.

The personal representative's fiduciary duty also requires him or her to protect and preserve estate assets.

Not exact matches

The Los Angeles interests are also making noises about a lawsuit theorizing the board had a fiduciary duty to entertain a bid.

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.

As earlier reported, Gannett's cause also got a boost when a shareholder filed suit alleging that Ferro and the directors had breached their fiduciary duty issuing new shares and selling a 13 percent stake to Dr. Patrick Soon - Shiong two weeks ago.

Clients could also sue the adviser for breaching fiduciary duty.

We think wealth management firms will also move in lockstep when it comes to bolstering their ability to show how their advisers fulfill fiduciary duties

What CFA is also forgetting is that the DOL Fiduciary Rule and impartial conduct standards no longer permit a «sales - driven relationship,» and the very requirements of the fiduciary duty are trust and reliance on the fact that the customer's interests always coFiduciary Rule and impartial conduct standards no longer permit a «sales - driven relationship,» and the very requirements of the fiduciary duty are trust and reliance on the fact that the customer's interests always cofiduciary duty are trust and reliance on the fact that the customer's interests always come first.

Accessing independent, fundamental research in support of your investment decisions meets a fiduciary «duty of care» standard, yes, but it also impresses clients and prospects.

Besides the fiduciary responsibility and associated duties that come with being on the Board, board members can also help shape a great board process while providing substantial advisory support that can be part of the magic that can help grow strong companies.

Mr. Broderick also handles complex civil cases, including matters involving breach of fiduciary duty and securities fraud.

It also requires its commissioners to acknowledge that they have a «fiduciary duty» to the Port Authority, a «duty of loyalty and care» to the authority, and an obligation to act in its best interests and that of the people it serves.

That also means you have a fiduciary duty to do the best you can.

The argument that it's oil executives» fiduciary duty to forestall adapting as long as possible in the name of maximum profits is flawed, obviously from a stakeholder standpoint but also even from a shareholder one.

The Paper also argues that the active decision to ignore sustainability factors may in fact be a breach of fiduciary duty.

He also has substantial experience in corporate governance and compliance matters, particularly in relation to fiduciary duties, corporate disclosures, and the federal securities laws.

We also represent clients in cases involving the churning of brokerage accounts, breach of fiduciary duty, unauthorized trading, and margin claims.

He also litigates business disputes and dissolution, breach of fiduciary duty and breach - of - contract claims.

Mr. Pinegar also advises boards, independent directors and special committees of directors in routine matters and in crisis situations and where the satisfaction of their fiduciary duties is subject to particular scrutiny.

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.

Where a charity is also a limited company the trustees and directors will be one and the same and the fiduciary duties are codified by provisions set out in Chapter 2 of the Companies Act 2006.

Courts also develop the fiduciary principles that govern lawyers in their duties to clients.

Mr. Rooney has also litigated cases involving covenants not to compete, claims of breach of contract and breach of fiduciary duty, and defamation.

Will also defends financial advisors, stock brokers, insurance agents, appraisers and other professionals facing claims of negligence and fiduciary duty violations was well as restaurants, hotels and other retail establishments in premises liability litigation in state and federal courts.

Taft's attorneys have substantial experience in cases asserting pension plan design allegations, cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims, issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans, issues concerning summary plan descriptions and also claims concerning the efficacy of ERISA 204 (h) notices.

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

Brandon's experience also includes general commercial litigation, including both plaintiff and defense matters based on contract, professional liability, breach of fiduciary duty and fraud.

Mr. O'Brien's business litigation experience also includes claims for conversion, breach of fiduciary duty, fraud, unfair and deceptive trade practices, breach of contract, and violations of the Uniform Commercial Code.

The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

It's also important to understand the basics of fiduciary duty so that you know what's to be expected of you, and what actions might be in breach of your duty.

The tentative ruling also allowed the estate's claims against the Zouves Fertility Center for conversion and breach of fiduciary duty, but struck those same claims by the widow as an individual.

The tentative ruling allowed the estate's claims against Tarnoff for negligence and breach of fiduciary duty, and also allowed a claim for conversion.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

He is also experienced in master limited partnerships, private equity fund formation, conducting internal investigations, and advising directors (and conflict committees) on corporate governance and fiduciary duty issues.

Stephen also frequently represents businesses in commercial / business disputes involving allegations of fraud, breach of contract, violations of fiduciary duties and other tortious conduct, and violations of various federal and state statutes.

Over the years Mark has dealt with many high - profile sports and intellectual property disputes, often in the Formula 1 industry and also with breach of fiduciary duty claims and employment related matters.

There are also fiduciary duties partners owe to each other that should keep bad conduct in check.

She also draws on her background in commercial litigation to represent employers in cases that involve employee theft of trade secrets, non-compete agreements, defamation, fraud, business interference and violations of the fiduciary duties owed by an employee to his / her employer.

John is also regularly instructed to appear in analogous cases in the High Court and County Court such as claims in which a purchaser seeks to enforce post-contractual restrictions against a vendor of a business; claims to enforce duties of confidentiality; claims in which a company to enforce a former director's fiduciary duties; and claims under the Commercial Agents (Council Directive) Regulations 1993.

Patricia also litigates complex business issues that arise out of breach of fiduciary duty claims, breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.

Hannah also represents corporate and individual clients in disputes involving breach of contract, breach of fiduciary duty, and intra-corporate matters.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Richard also often appears on behalf of directors and officers in derivative suits alleging breaches of fiduciary duty and as counsel for Special Litigation Committees.

David also has experience in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification / clarification, breach of fiduciary duty and related claims, and accounting.

Colleen also counsels both public and private companies on the fiduciary duties of their officers and directors.

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.

The Court of Appeal also dismissed the breach of fiduciary duty claim, on the basis that the parents did not put their own interests ahead of those of their daughter.

They also alleged that the Defendant class owed a fiduciary duty to the members of the Plaintiff class and that that duty was breached.