Sentences with phrase «fiduciary relationship with»

I would just add one other issue to consider — which is a concern if you are considered or have a fiduciary relationship with the partnership or individuals you could be considered a disqualified person.

In this capacity, the agent is working for the transaction, but has not entered into a fiduciary relationship with either party.

When an agent signs a listing agreement with you, that agent is creating a fiduciary relationship with you.

Realtors, who typically have no understanding of the legal ramifications of their own fiduciary relationship with their clients, often illegally counsel their clients of the so - called «benefits» of dual agency.

However, the court determined that since the Broker was in a fiduciary relationship with the Buyers, the court ruled that the Buyers were not limited in their recovery to out - of - pocket expenses.

The California case, Field v. Century 21 Klowden - Forness Realty, found that a broker in a fiduciary relationship with the buyer may be required to examine such things as public records and title documents for the buyer, as opposed to a seller's broker, who has no such duty.

Court enters judgment for listing broker because he did not have a fiduciary relationship with the seller since there was no written agreement.

Real Estate Agents and Brokers do not have a fiduciary relationship with their customers or clients.

The court found that state case law supported this conclusion that a disclosed dual agent is not in a fiduciary relationship with his / her clients.

The difference between the attorney and FMHP is that the attorney has a fiduciary relationship with his or her client while FMHPs have the child's best interest as their focal point regardless of whether they testify or not.

New York About Blog Complete Advisors is an Independent, certified financial advisory and planning firm, which assumes a direct fiduciary relationship with investors, specializing in 401 - K solutions as well as retirement income planning, investment management, wealth management and estate planning.

He or she will establish a fiduciary relationship with you so that you can depend on him or her to put your needs ahead of any others and to make sure your financial risks are properly mitigated.

Lawyers are more than happy to be called fiduciaries when it serves their interests: two obvious examples are restrictive covenants, which the Court of Appeals has declared unenforceable for lawyers because of their fiduciary status [Cohen v. Lord Day & Lord, 550 N.E. 2d 410 (1989)-RSB-, and the unfinished business doctrine, where lawyers» fiduciary relationship with clients was deemed to trump their obligations to their former partners.

CONSTRUCTIVE RECEIPT: Although a taxpayer does not have actual possession of the proceeds, they are legally entitled to the proceeds in some manner such as having the money held by an entity considered their agent or by someone having a fiduciary relationship with them.

Not exact matches

These recommendations are fiduciary advice even when the advisor does not otherwise have a relationship with the participant's 401 (k) plan or pick investments for the IRA.

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.

Plan sponsors should contact their Relationship Manager with any questions about the Mesirow transition and our Fiduciary Investment Services.

When you work with a Fee - Only Financial Planner, the result is unbiased financial advice from a professional who is committed to acting as a fiduciary in a client - centered relationship.

You understand and agree that Muddy Waters Capital does not have any investment advisory relationship with you or does not owe fiduciary duties to you.

What if you have a «close personal relationship» with the landlord's agent, and think she owes you a fiduciary duty?

In addition, stock brokers have no «fiduciary relationship» with their clients.

You acknowledge and agree that your relationship with Blue Buffalo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User - Submitted Content does not place Blue Buffalo in a position that is any different from the position held by members of the general public, including with regard to your User - Submitted Content.

No confidential, fiduciary or any other special relationship is created with you by virtue of your use of any site or your communications to the site or through or related to the sites.

Stack Exchange has no special relationship with or fiduciary duty to Subscriber.

ALSs are simplistic, mere charity, and do not provide a solicitor - client relationship with its fiduciary duty.

On April 8 and 9, 2010, and all material times, Hamilton and Cassels Brock owed a fiduciary duty and duty of good faith to the Plaintiff, and were obligated to act with regard to the Plaintiffs interests and keep and protect the Plaintiffs confidences as a result of the relationship that existed as between the Plaintiff, Hamilton and Cassels Brock, including as a result of the legal advice that had been provided by Hamilton and Cassels Brock to the Plaintiff on or about April 7, 2010 at a time when the Plaintiff was vulnerable and dependent upon Hamilton and Cassels Brock and relying upon their professional advice.

The reference comes in the context of satisfying the fiduciary relationship between the Crown and Aboriginal peoples by involving Aboriginal peoples in decisions taken with respect to their lands (at para 168).

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 likened Schnader Harrison's relationship with its client to the relationship between a trustee and a beneficiary, finding that the law firm was a fiduciary with special obligations to its client.

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.

Represented a major electronics / defense firm in a case involving allegations of lost profits resulting from alleged breaches of fiduciary duties and tortious interference with contracts in connection with an alleged joint venture relationship.

No solicitor - client, legal advisory, fiduciary, professional, retainer of legal services or other relationship is created by accessing or otherwise using the website or by communicating with a lawyer by way of email or through the website.

The solicitor - client relationship thus created is, however, overlaid with certain fiduciary responsibilities, which are imposed as a matter of law.

Located in Reston and with additional client meeting locations throughout Northern Virginia and the District of Columbia, the firm's primary expertise lies in the resolution of business disputes involving trade secrets, non-compete contracts, breaches of fiduciary duty, and tortious interference with business relationships.

But a retained lawyer provides a solicitor - client relationship with all of its benefits of, the fiduciary duty, law society discipline and financial oversight, professional insurance protection, and continuing professional development requirements.

However, if it decides to do so, a fiduciary relationship is created with the expectation that the employer will be able to avoid or resolve the conflicts of interest that might arise.

The plaintiff was not in fact in a power - dependency relationship with the defendant; not all power - dependency relationships are fiduciary in nature, and an ad hoc obligation does not arise in the absence of an undertaking, express or implied, by the fiduciary; and the absence of the power in the defendant to affect the interests of the plaintiff negates the existence of any fiduciary obligation.

ALSs, (with the commendable but tiny exceptions of pro bono for small and short cases, and perhaps targeted legal services), do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires a lawyer to act in the best interests of the client, backed - up by a law society complaints department and every lawyer's mandatory professional insurance.

Treating the Crown as a continuous entity is consistent with an Indigenous perspective on ongoing fiduciary relationship between Indigenous peoples and the Crown.

He assists clients with corporate governance and breach of fiduciary duties matters, contract disputes, mass torts and product liability cases and with restrictive covenants and termination of business relationships issues.

A similar point of ambiguity arises with respect to the Court's treatment of the relationship between the lawyer's duty of loyalty and the lawyer's status as a fiduciary.

(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.

The appeals opinion held (correctly) that, no matter how long their close personal relationship had continued, there was no fiduciary duty because she was not his agent and didn't have direct access to his bank accounts, or even to his beach house when he wasn't present with her.

What if you have a «close personal relationship» with the landlord's agent, and think she owes you a fiduciary duty?

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

Serve as relationship manager and fiduciary advisor for clients with more than 1,000,000 in investable assets and support a book of accounts having an asset base of at least 100,000,000.

Built relationships with leadership; shared classification knowledge, creating awareness, a key to understanding «fiduciary responsibility» pertaining to pay.

Company has no special relationship with or fiduciary duty to any User and has no duty to act with regard to which User can or should access or use the Site or Services.

He found that this can be informed by using a fiduciary frame to clarify the nature of this relationship, as this entails a consideration of Indigenous perspectives on a legitimate relationship with the state.

The aforesaid statement is incorrect because it is inconsistent with a Fiduciary Relationship, for one thing.