Expert Opinions I have submitted expert opinions in several cases involving breaches of
fiduciary duty through conflicts of interest, fee disputes, and attorney negligence.
The Mediterranean Insurance & Reinsurance Company v Collins Acting as sole counsel for the Liquidators of an insurance and reinsurance company on a claim for breach of
fiduciary duty through check fraud.
The allegation is breach of
fiduciary duty through theft of a corporate opportunity.
Not exact matches
Christopher M. Sulyma filed a lawsuit on behalf of two proposed classes of participants in the Intel 401 (k) Savings Plan and the Intel Retirement Contribution Plan, claiming that the defendants breached their
fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments
through custom - built target - date funds.
The lawsuit claimed the defendants breached their
fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments
through custom - built target - date funds.
Only by reading
through the footnotes and making adjustments to reverse accounting distortions can advisors and investors meet the
fiduciary duty of care.
In an effort to help investors cut
through the noise, we outlined our take on three risks we think bear watching and one that should garner the immediate attention of investment professionals (i.e.
fiduciary duty):
An Under Armour investor sued company founder Kevin Plank in federal court, accusing him of breaching his
fiduciary duty to the company and shareholders and unjustly enriching himself
through his Port Covington development, hundreds of acres along the...
«The fund has a
fiduciary duty to members, retirees and beneficiaries of state retirement system to maximize the long - term value of the fund
through sustainable investments,» said the spokeswoman, Jennifer Freeman.
Rachel E. Radspinner concentrates her practice in the administration of trusts and estates, which includes advising
fiduciaries regarding their powers and responsibilities, guiding
fiduciaries through the intricacies inherent in those tasks, and protecting executors, trustees and conservators from liability by ensuring full compliance with their statutory
duties and their obligations under the governing will or trust document.
Claims risk: The most obvious risk facing law firms is that their clients will seek compensation
through professional negligence or
fiduciary duty claims.
Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of
fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration
through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.
In Federal Court, they sought the following declarations: (a) that Métis and non-status Indians are «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s 91 (24) of the Constitution Act, 1867; (b) the Queen (in right of Canada) owes a
fiduciary duty to Métis and non-status Indians as Aboriginal people; and (c) the Métis and non-status Indian peoples of Canada have the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis
through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.
Whether during the period between 18th September 2008 and 19th January 2009 the Defendants breached the
fiduciary duties and / or
duty of care that they owed to the Claimants by (a) providing incorrect advice and / or recommendations, and / or (b) making incorrect or misleading statements and / or (c) omitting to disclose material information in relation to the financial circumstances of HBOS and / or the merits of Lloyds proposed acquisition of HBOS and / or its recapitalisation with government money
through the Placing and Open Offer.
Whether during the period between 18th September 2008 and 19th January 2009 the Defendants owed
fiduciary duties and / or a common law
duty of care to the Claimants in respect of the correctness, accuracy and completeness of the information, recommendations and advice provided concerning Lloyds» proposed acquisition of HBOS and / or its recapitalisation with government money
through the Placing and Open Offer, and if so the scope of any such
duties.
Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a
fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis
through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.
If someone was brought in as an employee, closed the company bank account and then run business for the company
through her own account, she is likely violating her
fiduciary duty to the company as an officer.
Working closely with Proskauer's team of estate planning and administration lawyers, Jonathan litigates undue influence claims, will and trust contests, inheritance disputes, breach of
fiduciary duty claims, trust construction and modification actions, and similar probate and trust matters
through all phases of dispute resolution.
I further find that Cassels breached its contractual and
fiduciary duties by accepting the retainer having already agreed to act for the Federal Government (
through Industry Canada) in relation to any GMCL CCAA proceedings.
A life settlement is often facilitated
through a life settlement broker who represents the policy owner and owes a
fiduciary duty to the owner, including a
duty to act according to the owner's instructions and in the best interests of the policyowner.
In these cases, the spouses may wish to modify the
fiduciary duties of their designated agent
through a written agreement, specifying that each licensee will owe
fiduciary duties to one of the spouses but not both.»
Accordingly, if the officers or directors act in an unauthorized manner, the unit owners should seek a remedy
through elections or, if factually supported, in an action for breach of
fiduciary duty.