Sentences with phrase «fiduciary duty issues»

Our experienced attorneys litigate disputes including ownership issues, squeeze - out issues, freeze - out issues, valuation issues, minority oppression issues and breach of fiduciary duty issues.

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.

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.

Not exact matches

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.

The Duty of Diligence contained in the Department of Labor fiduciary rule will require advisors to employ a standardized, systematic and repeatable process when issuing advice, our Kim O'Brien says.

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

The issue is fiduciary duty — two words that most investors don't understand, yet that shape the financial products you're sold and your relationship with your financial adviser.

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.

This week, the SEC issued an order charging a registered investment adviser, along with its then - chief compliance officer, with breaching their fiduciary duties by failing to disclose a conflict of interest created by the outside business activity of one of the adviser's top - performing portfolio managers and failing to disclose a breach of the adviser's private investment policy by that portfolio manager.

Many of these have display the issues discussed above, along with potentially fraudulent financial statements or operations, and an absence of fiduciary duty to stockholders.

We represent clients in a broad range of will contests, including claims of undue influence and breach of fiduciary duties, as well as with issues regarding guardianships, conservatorships, and personal representative disputes.

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Tags: BC estate lawyer, breach of fiduciary duty, Executor Administrator, Executor Issues, Executor Removal, Executors and Fiduciaries, Fiduciary, Fiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, Technifiduciary duty, Executor Administrator, Executor Issues, Executor Removal, Executors and Fiduciaries, Fiduciary, Fiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, TechniFiduciary, Fiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, TechniFiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, TechniFiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, Technical Legal

Advising on issues of pension plan governance, including fiduciary duties, proper delegation and statutory requirements.

Our expertise includes advising officers, boards of directors, shareholders, and special litigation committees on a wide range of business disputes, including fiduciary duties, employment issues with minority and majority shareholders, executive compensation, corporate freeze - outs, direct and derivative claims by shareholders, internal investigations and other aspects of corporate governance.

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.

Accordingly, should the interpretation of the joint venture agreement or the issue of performance be governed by the laws of Canada, the purely «contractual» joint venture may require the members of the joint venture to act towards other partners to the joint venture with a duty akin to a partner's fiduciary duty.

He has represented clients in felony and misdemeanor criminal trials, family law matters, and a wide range of commercial disputes - including breach of contract, breach of fiduciary duty, fraud, replevin, eviction, and real property issues.

On the issue, Clive comments that «every exercise of an amendment power by trustees remains subject to the trustees» general fiduciary duty.

Restrictive covenant issues, including litigation relating to fiduciary duties and oppression actions

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.

In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.

The Supreme Judicial Court upheld the Superior Court's decision that the shareholders owed no fiduciary duty to the corporation or their co-shareholders, as the issue was specifically governed by the articles of organization.

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.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

DEG - Deutsche Investitions («DEG») v Koshy and Gwembe Valley Development Co v Koshy and related actions Acted for a state - owned German bank in a long running dispute arising out of an investment in Zambia, involving originally insolvency issues and claims in fraud and for breach of director's fiduciary duties.

Finding the correct answer requires courts to parse both ethical issues and the law of fiduciary duty.

The plaintiff subsequently issued an action against the University and a number of faculty members seeking damages on the basis of breach of contract, negligence, and breach of fiduciary duty.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

Lonmar Global Risks Ltd v West & others [2011] IRLR 138 Richard led Michael Lee in this 3 week High Court trial encompassing issues relating to team move, employees» fiduciaries duties and conspiracy.

In civil litigation matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issues.

Peters & Co issued a statement of claim alleging breach of contractual, common law and fiduciary duties.

Disagreements between partners and shareholders, allegations of business fraud, a breach of contract or fiduciary duty, theft of intellectual property — these are issues that can send co-owners and competitors to the courtroom for complex commercial litigation.

Legal issues raised at trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, the disciplinary rules, adverse possession, constructive trust, fiduciary duty and the attorney - client privilege.

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.

The issues related to fiduciary duty, contract law, and termination of a business relationship.

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.

Benefit from experienced practitioners that have distinguished themselves in important landmark cases on issues such as financial assistance, minority oppression, breach of directors» fiduciary duties, breach of warranties and share buy out valuation.

Mr. Graham has extensive litigation experience in trial and appellate courts in a wide variety of matters, including fiduciary duties, contractual disputes, corporate governance, privacy issues, and indemnity claims.

Complex legal issues in relation to the alleged breaches of confidentiality and breaches of fiduciary duties relating to the alleged receipt of «secret commissions».

Real estate broker issues, including claims against and defense of real estate brokers and agents including negligence, fraud / misrepresentation, breach of fiduciary duty, disclosure obligations.

These issues can include contract disputes, business dissolutions, consumer class actions, breach of fiduciary duty allegations, and product liability issues.

With diverse clients ranging from E&P companies and oilfield service providers to product manufacturers and homebuilders, Gabe knows how to find the right solution for disputes involving a broad range of issues, including breach of contract, fraud, fiduciary duty, construction defects, liens, premises liability and indemnity.

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.

As Howard notes, the drop in file sharing cases could be attributable to legal issues at Malibu Media, previously the largest filer of such file sharing cases which is now suing its former legal counsel for professional negligence and breach of fiduciary duty.

In this issue, we shine a light on the law of fiduciary duties.

Clients turn to us for representation in commercial and bankruptcy related litigation including fraudulent transfer, preference, breach of fiduciary duty, deepening insolvency and corporate governance issues.

In the past ten years, Mr. Altieri has both brought and defended numerous actions on behalf of employers, including several injunctive proceedings annually, on such issues as misappropriation of trade secrets, non-compete agreements, and breach of fiduciary duty.

Figuring out how to dissect that kind of claim from a breach - of - fiduciary - duty point of view gets muddled by the «standing» issues underlying the third - party - beneficiary line of malpractice cases we have here in Florida.

Our civil litigators deal with complex issues in areas such as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual harassment and breach of fiduciary duties.