Sentences with phrase «fiduciary duty for»

We believe it is illegal and a terrible breach of fiduciary duty for attorneys to sell title insurance to clients.

It appears you're either not versed in the Listing Authority or Buyer Representation Agreement or just confused about contracted services in addition to the obligatory fiduciary duty for nowhere do these create anything other than common law agency, and the extended REBBA 2002 duties owed by the brokerage to the client.

Doing fiduciary duty for your client is to have that conversation before tou show that house or after.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

This is a common hand - to - mouth complaint for many small (er) companies, but unacceptable when it comes to public companies — it seems an obvious fiduciary duty for management to scale (back) operating & capital expenditure plans, if necessary, to match the funding their company actually has available.

Securities and Exchange Commission Chair Mary Jo White wants fiduciary duties for brokers.

Fiduciary duties for those who manage assets covered by a plan.

I would like to see our regulators pursue minimum fiduciary duties for the listing brokerage to the seller.

Judging from your condescending tone toward these folks mentioned, two of whom I know personally, and who do not lie about their business dealings or experiences in life that translate directly to the successful personal relations side of transacting consumers» fiduciary duties for them, I must assume that when potential clients ask the question «How long have you been in the business?»

Not exact matches

«Single - purpose vehicles allow small investors to invest alongside a sophisticated lead investor with a fiduciary duty to advocate for their interests.

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.

BYE, FOUNDER FRIENDLY: Benchmark has sued former CEO Travis Kalanick for fraud, breach of contract and breach of fiduciary duty.

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).

Bogle told those assembled that he has been an advocate for «a federal standard of fiduciary duty, the duty of everyone who touches «other people's money» (OPM) to place the interests of [their] clients above [their] own interests» and that he supports the proposed Department of Labor broker fiduciary duty standard.

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.

All business leaders have a fiduciary duty to do what is best for our shareholders and Weir will only continue to be based here if the business environment which has helped Weir grow into a truly global company continues to support our ambitions.

Quite honestly, that's difficult for me, but I believe that investment discipline and fiduciary duty require me to deliver an honest assessment.

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.

However, the SEC's proposal contains an even more fundamental flaw: Even if brokers were held to a fiduciary standard of conduct, the ambiguous interpretation of the fiduciary «Duty of Care» makes any regulation difficult to enforce and confusing for all parties.

«I know that society can't put you in jail for violating fiduciary duty, but the federal government can,» he said.

«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.

Battle lines are being drawn, and all market participants will benefit from knowing exactly where the lines are drawn for fulfilling fiduciary duties.

The Impartial Conduct duties of prudence and care focus on the process for making fiduciary decisions.

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.

In the past, we've put forward guidelines for research that fulfills the fiduciary Duty of Care.

Ironically, the Series 65 has been the minimum regulatory exam for Registered Investment Advisers for a long time, and RIAs have been subject to a fiduciary standard for a long time... and this disparity has been allowed to continue, despite the fact that the Series 65 doesn't really provide much education to satisfy the fiduciary duty of care.

It's one of the single most feared (or even loathed) provisions of the Department of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).

Clients could also sue the adviser for breaching fiduciary duty.

Further, and this gets to the heart of the strength of the fiduciary standard, the SEC notes there can be no «hard or fast rule» for addressing material conflicts, because the duty adjusts according to the needs of the particular client.

We applaud the Department of Labor for raising awareness of the importance of fiduciary standards, especially the duty of care, the focus of our comments.

At the heart of the fiduciary duty and specified under the BICE for variable and indexed annuities and Exemption 84 - 24 for fixed rate annuities is the requirement that any recommendation to move (or keep put) qualified money must meet «Impartial Conduct Standards» and triggers the fiduciary duty of the advisor.

So, if the trigger for the fiduciary duty is when you «advise» investing funds in an IRA or ERISA plan, the fiduciary cheerleaders belatedly realized their coveted term «advisor» is now reasonably applied to any licensed individual who makes the recommendation and triggers their 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.

The Department of Labor announced a plan for expanding fiduciary duty to anyone who handles retirement accounts, whether that person is a broker or a financial advisor.

«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.»

The PRI provide a framework for the growing view among investment professionals that environmental, social and corporate governance (ESG) issues can affect investment performance and investors therefore have a fiduciary duty to give appropriate consideration to these issues.

Fiduciary duties of loyalty and due care are replaced with broker - dealer guidance on suitable «broker sales» recommendations, support for conflicted advice, inadequate disclosure, and unrestrained fees.

Fiduciary duties of loyalty and due care are replaced with broker - dealer guidance on suitable «broker sales» recommendations, support for conflicted advice, inadequate disclosure, and unrestrained -LSB-...]

Institute and industry leaders speak out on fiduciary duties and practices and for investors with clarity.

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 iFiduciary 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 iFiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and ifiduciary duties in financial advice matter so much to the markets and investors.

SHAREHOLDER ALERT: Purcell Julie & Lefkowitz LLP Is Investigating Twenty - First Century Fox, Inc. for Potential Breaches Of Fiduciary Duty By Its Board of Directors

Bogle points to free - market luminary Adam Smith for «endorsing, not only the power of the consumer, but the principle of fiduciary duty.»

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.