Sentences with phrase «fiduciary obligations on»

In particular, courts have imposed fiduciary obligations on employees who have committed fraud against their employer or where they have assisted a fiduciary in competing unfairly against the employer.

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.»

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.

It is inalienable and upon surrender it gives rise to a distinctive fiduciary obligation on the part of the Crown to deal with the land for the benefit of the surrendering Indians.

Justice von Doussa did find, however, that the system of customary law created a fiduciary obligation on the part of the artist to his community not to exploit the artistic work in a way that is contrary to the laws and customs of his people and, in the event that copyright is infringed by a third party, to take reasonable and appropriate action to restrain and remedy the infringement.

Not exact matches

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 realities of the 21st century require fiduciaries to be concerned with the impact of financial, social and environmental factors on the performance of their company to fulfill their legal obligations and maximize shareholder value.

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.

Unlike agents within the company's advisor network, independent agents who choose to sell Principal's products aren't under any contractual obligation to do so and questions remain on whom the fiduciary obligation falls: the insurance company or the distributor?

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.

Whether you are an enthusiastic advocate or a staunch traditionalist, wealth advisors — especially those with fiduciary responsibilities — have an obligation to get educated on the... Read more»

So we'll impose a new fiduciary responsibility on senior civil servants - a contractual obligation to save the taxpayer money.

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.

By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and / or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Should it be the case that the Courts support that a REALTOR doesn't have an obligation to see that «patent defects» are noted on an Inspection Report (pursuant to Agency and fiduciary obligations) then the buyer clients of REALTOR's might as well buy privately, or at least, unrepresented by a REALTOR, as it relates to the question of the Inspection.

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.»

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.

By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and / or to disclose the Idea on a non-confidential basis or otherwise to anyone.

A fiduciary, on the other hand, has a legal obligation to put your financial interests first and disclose or eliminate all potential conflicts of interest when giving advice.

''... 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.

Erika Robson's practice will be focused on Charities and Not - for - Profits, Corporate and Commercial Law, Intellectual Property, Property and Development and Trusts, Estates and Fiduciary Obligations.

Regularly advise on corporate governance best practices, fiduciary obligations, breaking developments and SEC hot buttons

Depending on the nature of the employment relationship, either the employee or employer may be subject to a fiduciary obligation.

More specifically, lawyers «must maintain financial books and records on a current basis, and shall preserve the books and records for at least five years following the completion of the year to which they relate, or, as to fiduciary books and records, five years following the completion of that fiduciary obligation.»

First, while the Court does reject the claim against the real estate lawyer on its merits, the Court acknowledges that the lawyer's fiduciary duties include the obligation to make full disclosure.

Since then, he has authored or co-authored a number of legal publications and is a frequent speaker on corporate governance, director and officer liability, fiduciary obligations, corporate investigations, financial statement fraud and presentation issues, whistleblower allegations, and insider trading.

He is also an expert in the Crown's fiduciary obligations to Indigenous peoples and has published in peer - reviewed academic journals on that topic.

The Manitoba Court of Appeal also found that a «beneficiary need not suffer an actual loss in order to be entitled to a remedy» (at paragraph 23) and «given the shameful conduct on the part of the appellant fiduciary» (at paragraph 26) it ordered the appellant to pay the funds to the court pending the final outcome of the administration of the estate, while repeatedly emphasizing the obligations of a committee and the lengths the court will go to in upholding this fiduciary relationship.

Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).

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.

In MMF, the plaintiffs had sought declaratory relief primarily on the ground of the Crown's fiduciary obligations.

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the Constitution Act, 1867.

WEL advises Estate Trustees, Trustees, Attorneys, Guardians and other Fiduciaries on their duties and obligations arising both at common law and legislatively.

In other cases professionals associate in practice by participation in a contractual joint venture which, depending on the agreement and the circumstances, may or may not at law also be a partnership but, in any event, may attract the duties and obligations of partners, including fiduciary duties.

Advising a large chemicals business on senior directors» breaches of confidence, fiduciary duties and the enforcement of restrictive covenants and confidentiality obligations.

My understanding is that when a fiduciary is mandated to manage another person's affairs, during a period when the would - be beneficiary is indisposed, ill - disposed, unable to tend to his own affairs because of other obligations, e.g., cabinet ministers, or absent on a long cruise, it is the fiduciary who has the obligation to provide a full, accurate and honest accounting to the beneficiary upon his return.

On the contrary, after the Supreme Court ruled in favour of Guerin and held that the fiduciary obligation of the Crown to a First Nation was a real and justiciable obligation and not, as the Crown would have had it, «a mere political trust, a senior Justice official was heard to say of the Court's decision, «They have their view of the law and we have our view of the law.»

In going on to set the scope of the bright line rule and the substantial risk principle, however, the Court does not make any further mention of the fiduciary obligations of the lawyer.

Clients using a law firm for document review can rely on, in addition to the benefit of LawPRO insurance coverage, a number of key legal protections including fiduciary obligations and solicitor - client privilege.

Because of Gemini's fiduciary obligations under the New York Banking Law, which we take very seriously, we are going to great lengths to ensure all of our customers» assets on a forked blockchain, like «Bitcoin Cash,» are preserved.

Besides developing a title which is broader, more robust and of greater utility for the holders of the title than the Australian version, Delgamuukw also places stringent conditions on interference with Aboriginal title, including the need to justify any interference in terms of the Crown's fiduciary obligations.

These are as follows: (a) There must be a duty of care (fiduciary obligation) based on a special relationship between the representor and the representee (Realtor and client).

The Office of Housing will continue to work on planned sales of defaulted notes, as required for the orderly termination of HUD's fiduciary insurance and servicing obligations.

However, Kaufman breached his fiduciary obligations to Spec when he failed to disclose the identity of the prospects, as this was relevant information bearing on the sale of the property.

Conversely, under a Fee for Services arrangement Buyer's and Seller's have an expectation of saving money against a Commission arrangement — consequently there can be real pressure on the Registrant to wrap things up sooner and this pressure could potentially undermine Fiduciary obligations should the Registrant take improper steps to expedite a sale!

It's part of our fiduciary responsibility and our obligations under our «Exclusive Right To Sell» contract, that we get our owner's home listed on as many search engines as we can.

Expanding on these principles, the Court referred to other cases involving the obligations of a fiduciary when transacting with its own clients.

The real estate council puts obligations on agents regarding fiduciary duty, professionalism etc..