Sentences with phrase «fiduciary obligations in»

In his mergers and acquisition practice, he has represented several management groups in leveraged buyouts; represented both buyers and sellers of private and public companies; represented venture capital groups in connection with acquisitions of platform and add - on businesses; and advised directors in connection with compliance with their fiduciary obligations in the context of the sale of a company.

Principal Financial executives made clear last week that the company would not accept any fiduciary obligation in connection with distributors in the independent channel as the company doesn't sell its retirement plans or retirement plan advice on a direct basis.

Vorvis was interpreted by many as requiring the plaintiff to prove that the defendant also committed a tort or, as an example, breached a fiduciary obligation in addition to a breach of contract.

Not exact matches

We could lose money and appear to fail in our fiduciary obligation to care for the endowment.

Moreover, if the final rule's 60 - day delay were not immediately effective, significant provisions of the Rule and PTEs could become applicable on April 10 before the delay takes effect, resulting in a period in which the Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable again.

The Department concludes that it can best protect the interests of retirement investors in receiving sound advice, provide greater certainty to the public and regulated parties, and minimize the risk of unnecessary disruption by taking a more balanced approach than simply granting a flat delay of fiduciary status and all associated obligations for a protracted period.

In the Principal Transactions Exemption, the Impartial Conduct Standards specifically refer to the fiduciary's obligation to seek to obtain the best execution reasonably available under the circumstances with respect to the transaction, rather than to receive no more than «reasonable compensation.»

They would not be specifically required to meet other transition period requirements of these PTEs, such as to make specific written disclosures and representations of fiduciary status and of compliance with fiduciary standards in investor communications, designate a person or persons responsible for addressing material conflicts of interest and monitoring advisers» adherence to the Impartial Conduct Standards, and comply with new recordkeeping obligations.

President Obama gave a full - throated endorsement of the Department of Labor's controversial proposal to impose fiduciary obligations on brokers and advisors working with retirement plans, insisting that new rules are a needed consumer protection to prevent billions in costs due to bad advice.

And with the DoL fiduciary rule effective date looming large in April of 2017, large broker - dealers may suddenly transition hundreds or even thousands of brokers into a new fiduciary obligation, all at once, with only perhaps some sales and product training, but not the training and education necessary to be capable of fulfilling their fiduciary duty of care!

In his related article on the survey results, ETF.com's CEO Dave Nadig shared that 53 % of advisors said the primary reason they focus on cost is because they have a fiduciary obligation to their clients.

Keep in mind that Department of Labor regularly requires plan sponsors to benchmark their plan so this will fulfill your fiduciary obligation.

In this corner we have Professor Randall Thomas of Vanderbilt Law School who said this approach made sense because it «lends itself to allowing these nominees, if elected, to focus on independent decision - making and fulfilling their fiduciary obligations on behalf of shareholders.»

«I am not blind to the fair claim that I, in a very public way, failed to respect a fiduciary obligation that is perhaps even more central,» Spitzer wrote.

It also requires its commissioners to acknowledge that they have a «fiduciary duty» to the Port Authority, a «duty of loyalty and care» to the authority, and an obligation to act in its best interests and that of the people it serves.

The Ramapo Town Board has the fiduciary responsibility for town assets and finances an obligation to serve the community, protect taxpayers» interests, and exercise in good faith and due diligence.

«Continuing such arrangements in this knowledge knowingly exposes the council to expensive claims that it will ultimately lose and would be an inappropriate approach to the council's fiduciary obligation to protect the public purse.»

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.»

If this trend continues where agents become publishers, I see much harder issues ahead on contract terms, sub-rights negotiations, fiduciary obligations, and better conflict of interest policies where ebooks are concerned — and AAR must weigh in with specifics since it's obviously not clear.

We believe the Avigen Board is not only willing to sacrifice and squander shareholder money but, in the process, its members are making a mockery of their obligations to fulfill their fiduciary duties as directors of the Company.

If BVF's nominees are elected to the Board, stockholders can either tender their shares in the BVF tender, or not tender and participate with BVF in the future of Avigen, whether through a merger with MediciNova, subject to the nominees» fiduciary obligations, or if the merger is not feasible, to consider liquidation or other similar type transactions.

Trustee: A fiduciary who holds property in trust for another to secure performance of an obligation or act.

Most funds with share classes from A to R5 can have some element of revenue - sharing, where fees can be taken from investments to pay commissions for the services of third - party providers — some of which may not have a fiduciary responsibility or legal obligation to act in the participants» best interests.

Following some lengthy analysis of the facts and the previous decisions in the case, the district court «concludes that defendants are liable for breaching their fiduciary obligations and are liable beginning on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this breach.»

Or might the trustee's fiduciary obligations to the estate sometimes sit in tension with an interest in maximizing creditors» interests?

In light of the above, we again ask you to finally show that even this Board is serious enough about its fiduciary obligations to allow shareholders, and not themselves, to decide whether to sell the Company at a substantial premium over the current market price.

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.

But «a Personal Capital adviser, a fiduciary, has the legal obligation to do what's in the client's best interest and does not take back - end fees or anything else.»

The first step will be seeking approval from the funds» trustees — which the mayor and comptroller said they were confident they could secure — to begin an analysis of how to sell the securities «in a responsible way that is fully consistent with fiduciary obligations» of the funds.

Trustees in bankruptcy may not have the same kind of fiduciary obligations as the others, either.

''... Raytheon court's ruling means that the fiduciary - liability policies never have an obligation to respond to a follow - on ERISA case that is made in any year other than the year that the securities case is brought.

It is interesting that Canadian courts have considered candour in this context as a matter of fiduciary obligation while the English courts appear to have considered disclosure as a matter of the duty of care.

The definition of fiduciary duty is as follows: «An obligation to act in the best interest of another party.»

Canadian Courts have at times found both employers and employees in violation of their fiduciary obligations.

This is so in relation to title because «the Crown's underlying title in the land is held for the benefit of the Aboriginal group and constrained by the Crown's fiduciary or trust obligation to the group» (at para 85).

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.

There's a wealth of interesting and essential material here: a restatement of the directors» fiduciary duty to the corporation, and the extent to which consideration of other stakeholders» interests may enter into that duty; the «business judgment» rule; the obligation of a court in approving an arrangement under s. 192 of the Canada Business Corporations Act and the test to be used; and the nature of the s. 241 oppression remedy and the interests protected.

Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies

Among other things, he observed that «This is a case where commercially sophisticated parties... defined in a detailed written agreement the fiduciary's obligations after his departure from the company.

He is an ardent litigator, serving as lead counsel in numerous civil jury trials involving medical - malpractice, contract disputes, defamation and related business torts, shareholder disputes (e.g., tortious interference with business relationship, trade secret, and non-compete violations), shareholder and LLC disputes and their fiduciary obligations, real - estate litigation, construction litigation, and creditors rights» issues and related bankruptcy and receivership issues.

He did not accept that the decision of Wyn Williams J in Kynixa Limited v Hynes [2008] EWHC 1495 (QB) established that there was a broad implied duty in a contract of employment requiring an employee who owes no fiduciary obligation and who is not acting in concert with others or otherwise unlawfully to disclose to an employer that fellow employees are being recruited by a competitor.

Does Indalex have fiduciary obligations to the Plan Members when making decisions in the context of insolvency proceedings?

Thus, the personal representative has fiduciary obligations to the beneficiaries of the estate and to act in their best interests and according to the terms of the deceased's estate plan.

Lawyers explained that this threat to the very livelihood of the members of the Coldwater Band caused the duty to consult to be breached, and constituted a breach of the Crown's fiduciary obligation the Band in relation to the band's established reserve interest.

Persons in positions of trust who abuse or misuse that trust may have violated their fiduciary obligation.

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.

A fiduciary bond is similar to an insurance policy because it represents an arrangement where one party (the «surety») agrees, for a fee, to pay money or perform an obligation in the event the fiduciary (trustee, conservator, executor) fails to properly perform its duties.

[5] Conversely, a delay of approximately 7.5 years was held not to be inordinate in the context of an action against a number of defendants for breach of fiduciary obligations.

In every ground breaking decision the Crown makes arguments that the Court points out are singularly lacking in merit and that display a serious disregard for the Crown's, its obligation to avoid even the appearance of «sharp dealing», to resolve ambiguities in treaties and in statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the CrowIn every ground breaking decision the Crown makes arguments that the Court points out are singularly lacking in merit and that display a serious disregard for the Crown's, its obligation to avoid even the appearance of «sharp dealing», to resolve ambiguities in treaties and in statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crowin merit and that display a serious disregard for the Crown's, its obligation to avoid even the appearance of «sharp dealing», to resolve ambiguities in treaties and in statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crowin treaties and in statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crowin statutes «in favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crowin favour of the Indians», its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crown.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.