Sentences with phrase «fiduciary duty cases»

Several other recent breach of fiduciary duty cases retrieved this quarter, including one in which the broker was found liable, are also summarized below.

The Dallas and Houston business litigation attorneys at Deans & Lyons, LLP have handled large, complex breach of fiduciary duty cases and other business tort cases for plaintiffs and defendants in a wide range of circumstances.

He assists clients with breach of contract and fiduciary duty cases, construction claims, shareholder and partnership disputes and disputes relating to interests in real property.

Representation of a former partner in a multi-million dollar breach of contract / breach of partnership / breach of fiduciary duty case against former partners arising from a profit - sharing agreement and involving counterclaims of misappropriation of trade secrets and breaches of nondisclosure / non-solicitation agreements.

$ 1,141,000.00 TRIAL JUDGMENT — Breach of Fiduciary Duty This case involved allegations of a breach of fiduciary obligations.

Represented a corporate client in the defense of a trade secret and breach of fiduciary duty case and obtained a six - figure recovery by way of settlement on counterclaim for defamation, trade libel and unfair competition.

Not exact matches

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.

The memo, obtained by Bloomberg News, makes the case for a Labor Department regulation that would impose a fiduciary duty on brokers handling retirement accounts, requiring them to act in their clients» best interest.

We will make the case that fiduciary duty compels us to raise these matters that address long - term risk and brand reputation.

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

In addition, the court... [noted] that claims made by Lampack that the contract placed a fiduciary duty on Grimes» -LCB- are -RCB- unsupported by case law and the general principles of agency law that the obligations that a principal owes an agent are not fiduciary.»

On the duty to monitor questions, «the court does not suggest that in all duty to monitor cases a fiduciary would breach their duty the day a fund becomes imprudent.

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.

While it still reversed the district court dismissal and remanded the case back to the court, in its most recent decision, the 9th Circuit based its discussion on the U.S. Supreme Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diversify.

But most cases of nonprofit mismanagement involve breaches of fiduciary duty, not criminal behavior, often rooted in a sincere if ultimately misguided effort to help.

And given the current state of the manufactured «paradigm» in climate science, a case could certainly be made that the management of any corporation at risk from a scientific change, such as the collapse of the current paradigm, has a fiduciary duty to investigate plausible potential challenges to that «paradigm».

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.

Representing financial service institutions in numerous lender liability cases involving allegations of fraud and breach of fiduciary duty.

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

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.

Our Private Wealth and Fiduciary litigators represent clients in cases involving claims of breach of fiduciary duty, fiduciary misconduct and fraud, misfeasance and malfeasance in estate administration, investment mismanagement, financial elder abuse, and will and trust Fiduciary litigators represent clients in cases involving claims of breach of fiduciary duty, fiduciary misconduct and fraud, misfeasance and malfeasance in estate administration, investment mismanagement, financial elder abuse, and will and trust fiduciary duty, fiduciary misconduct and fraud, misfeasance and malfeasance in estate administration, investment mismanagement, financial elder abuse, and will and trust fiduciary misconduct and fraud, misfeasance and malfeasance in estate administration, investment mismanagement, financial elder abuse, and will and trust contests.

Mr. Voigt has tried cases involving personal injury defense, insurance defense, breach of contract, breach of technology / patent licensing agreements, breach of fiduciary duty, banking practices, Title VII of the Civil Rights Act, and wrongful termination of employment.

Once Aboriginal title is declared, as it was in this case, what remains of the Crown's underlying title is two things: first, a fiduciary duty owed to the Aboriginal title holders when the Crown is dealing with the Aboriginal land, and, second, the right to encroach on the Aboriginal title if the government can justify the encroachment (paras 71, 85).

He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence; Breach of Contract; Wrongful Termination; Fraud; Professional Negligence; Breach of Fiduciary Duty and Personal Injury.

Justice La Forest observed in the Hodgkinson case that, «From a conceptual standpoint, the fiduciary duty may properly be understood as but one of a species of a more generalized duty by which the law seeks to protect vulnerable people in transactions with others».

Even if there is no contract, obligations to respect confidential information, and fiduciary duties (in the case of key employees) last beyond the end of employment and can limit competition.

Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Offshore courts keen to protect their local financial services industries may well be willing to uphold such measures (as was the case in Emerald Bay Worldwide v Barclays Wealth Directors — where the Guernsey Court of Appeal allowed nominee directors to rely on an indemnity, notwithstanding their breaches of fiduciary duty).

Instead of a post-mortem on a deal gone bad or accusations from shareholders of fiduciary duty breaches, in business school case discussions, we can take a forward - looking approach and ask what should happen.

Michael Muse - Fisher represents public and private companies in a variety of state, federal and administrative cases involving contract disputes, commercial litigation, licensing and intellectual property matters, eminent domain / inverse condemnation, government tort liability, breach of fiduciary duty, as well as land - related torts.

His civil cases included claims of breach of contract and fiduciary duty, unfair trade and business practices, employment discrimination and civil rights violations, securities fraud, negligence, and civil RICO claims.

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

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.

Successfully obtained a plaintiff's jury verdict for a minority shareholder of a limited liability company providing care to developmentally - disabled adults in a case involving breach of fiduciary duty, fraud, and trade secret allegations

He advises on commercial disputes of all sizes and particularly on international cases, including fraud, breaches of fiduciary duty and breaches of trust.

His cases have included contested winding - up proceedings / shareholder disputes / protection; worldwide freezing and disclosure orders in respect of large scale fraud; company law, property and contractual disputes; trust disputes; breach of directors» duties / breach of fiduciary duties / recovery of assets; advising on Cayman Islands «STAR» trusts / transactions to defraud creditors.

There have been a number of high profile cases involving fakes and forgeries and alleged breaches of fiduciary duties where excessive agents» commissions have been charged, and it is clear that collectors, as well as the professionals within art galleries and auction houses, are vulnerable to fraud or unethical practices.

On the facts of this case, he found the individuals did not owe fiduciary duties.

Those cases run the gamut of business and commercial issues, including: breach of contract, covenants not to compete, tortious interference with contracts and business expectancies, shareholder disputes, partnership disputes, intellectual property, ERISA, Uniform Trade Secrets Act, breach of fiduciary duty, indemnification, civil conspiracy, financial disputes, business dissolution and other employment and related claims.

We even handle the more complex cases that most smaller and solo firms won't handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services.

Board members and management, for example, have a fiduciary duty to protect the interests of the corporation and its shareholders, and in some cases that duty will include an obligation to investigate indications of serious misconduct at the company.

In this case, there were difficult legal issues to unwind around what constitutes a sexual assault versus a breach of a parent's fiduciary duty.

Refunding several hundred thousand dollars may be a costly way to make this case go away, but it seems that cost of litigating it (and divulging its billing records or risking the creation of an explicit and heightened fiduciary duty to clients with respect to fees) are even higher.

A new case from the Massachusetts Superior Court, Christensen v. Cox, highlights some other need - to - know aspects of fiduciary duties.

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.

She won a case involving insurance breach of fiduciary duty when customers of a Lavaca County restaurant became sick with Hepatitis A.

Obtained $ 50 million for Pacific Life against Bank of New York Mellon at conclusion of motions for summary judgment in breach of contract and breach of fiduciary duty matter in an investment mismanagement case.

His business litigation work includes trying cases involving intellectual property disputes, breaches of contract and fiduciary duties, business torts, corporate espionage, defamation, whistleblowing and qui tam actions and securities fraud.

With precedent - setting cases awarding these damages, as well as for invasion of privacy, intentional infliction of mental suffering, defamation, loss of reputation, breach of fiduciary duty and even negligence, garden variety dismissals now flirt with becoming significant lawsuits.