Sentences with phrase «fiduciary liability for»

Given the increased fiduciary liability for institutional investors tasked with investing assets in the best interest of others, it is our opinion that such a strategy is, for many reasons, both prudent and proper for public funds.

Plan sponsors have unlimited fiduciary liability for their qualified retirement plan and participants.

Consultant — Assumes no fiduciary liability for investment recommendations.

The # 1 source of fiduciary liability for 401 (k) plan sponsors today is paying excessive fees from plan assets.

Not understanding the differences between mutual funds and variable annuities can result in excessive 401k fees for participants and fiduciary liability for sponsors — especially when a decision is made to move the plan to a different provider.

If this conflict causes unnecessary 401 (k) fees, fiduciary liability for the sponsor - and now, the advisor - can result.

Not exact matches

Work with an advisor who acts as a fiduciary, to help create a plan for your next moves when it comes to saving money, investing it and dealing with tax liabilities.

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

The piece claimed employers could fully outsource their plan's hierarchy — and any personal liability for failing to meet its fiduciary responsibilities — to a MEP 401 (k) provider.

When this responsibility is not met, the consequences for 401 (k) fiduciaries can be severe — including personal liability.

But with the fiduciary standard in place, opponents say the liability issue will hurt the industry and make it tougher for small savers to get access to financial advice.

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.

Because employers want to avoid 401k litigation, which could result in personal liability for fiduciaries, many employers are seeking ways to manage the risks associated with serving as a fiduciary, and, specifically, ways to help mitigate the risks that arise from selecting and monitoring their plan's investment lineup.

Those cases include decisions addressing the jurisdiction of the SEC, the CFTC and bank regulators over newly created derivatives and other financial instruments; the scope of the definition of a «security»; the availability of private damage actions; extraterritorial application of U.S. securities and futures laws; the standards of liability for fraud and manipulation; electronic trading markets; and the scope of fiduciary obligations of brokerage firms and banks.

Liabilities of creditor making excess finance charge; failure to obtain license; damages for deliberate violation or reckless disregard; written notice of violations; oral statements not admissible; fiduciary duty not created.

A brochure from NAGDCA discusses fiduciary responsibilities for government DC plan sponsors and suggests ways to decrease liability.

Speaker, «ERISA Fiduciary Liability Insurance: Limiting Exposure for Breach of Duty Claims Negotiating the Policy, Overcoming Coverage Challenges, and Responding to Enforcement and Litigation,» Strafford (Webinar / Teleconference)(December 22, 2009)

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

Lead counsel for lawyers and law firms in professional liability, partner withdrawals, and fiduciary duty matters.

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

Company officers can still have personal liability for violating fiduciary trust, fraud, self dealing, etc..

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.

«Shifting Sands: The Shift of Management's Fiduciary Duty to Creditors in the Zone of Insolvency,» director and officer, Liability Seminar, Center for Advanced Legal Studies at Suffolk University Law School, April 2003

BAT Industries v Sequana Acting for BAT Industries in a multi-party, multi-jurisdictional commercial dispute concerning liability for environmental pollution of rivers in the United States, and a claim in Chancery Division for over US$ 800 million in respect of dividends paid out by a company in the face of a contingent indemnity liability in respect of such pollution, allegedly unlawfully, in breach of fiduciary duty and as a transaction defrauding creditors under s423 Insolvency Act 1986.

Cousin has over twenty years experience in complex commercial litigation, including directors and officers liability litigation (including claims for advancement of legal fees and indemnification), ERISA litigation (including claims for breaches of fiduciary duty), fiduciary litigation, professional liability litigation, and securities litigation.

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.

Pennsylvania — Attorney Liability, Key Points: Liability for aiding and abetting a breach of a fiduciary duty has never been imposed on an attorney in Pennsylvania who merely provided legal representation to his client.

In our earlier posts, we focused on the use of a constructive trust as a remedy for breach of fiduciary duty and third party fraud liability.

(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.

Patzer, who admitted he was aware or should have been aware of the second mortgage and his liability thereon, sued Werth for breach of fiduciary duty.

The court held that although the sales people worked for the same broker, the listing agent could not be charged with the buyer's agent's fiduciary duties or liability resulting from their breach.

The Seller then sued the Brokerage on the theory of vicarious liability for the breach of fiduciary duty and fraud by its salesperson Fogleman.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

Although cases involving property management were once again the most frequent area of liability, legal issues such as breach of contract, breach of fiduciary duty, and property disclosure were the major areas of liability for residential practitioners.

103 DOS 95 Matter of DOS v. Lana - fiduciary duty; vicarious liability; dual agency; breach of fiduciary duty where seller's agent advised buyer can purchase property for less than asking price; broker not liable without actual knowledge of misconduct or after notice retains proceeds therefrom; mutually dependent transaction did not arise creating improper double agency; amend pleadings to conform to proof; two month suspension results

(286 A.D. 2d 572)- broker granted partial summary judgment for payment of commission as a finder; record lacks any evidence that broker performed any services that could give rise to any fiduciary duties owed; party's agreement clear that once broker introduced the principals, broker's services were no longer needed; purchase and sale contract expressly states that seller agreed to pay broker pursuant to a separate agreement, such admission entitles broker to summary judgment as to liability for payment; matter remanded for determination of compensation agreed upon