We advised the director of a large tour operator on proposed claims by the administrators
for wrongful trading, breaches of statutory and fiduciary duties and preference payments.
He advises regularly on claims
for wrongful trading, preferences, undervalue transactions, illegal dividends and breaches of duty / misfeasance.
Not exact matches
In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company
for damages
for alleged
wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive
trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.
Tim's recent insolvency experience includes s. 236 interviews / applications, applications by office holders
for directions, unfair prejudice petitions, misfeasance and
wrongful trading claims, undervalue / preference / s.
The provisions of the Insolvency Act 1986, ss 231/4 to order a contribution towards a company's assets on a winding up
for fraudulent and
wrongful trading respectively are untouched.
Carlyle Capital Corporation v Conway (2011 - 2016)[2013] 2 Lloyd's Rep 179 Instructed on behalf of the liquidators of a collapsed investment fund in substantial claims in the Guernsey Royal Court against the former directors and managing agents of the fund
for breach of duty, misfeasance, negligence and
wrongful trading.
Serve as national counsel
for many of the largest chemical companies and the industry
trade association in a significant number of
wrongful death claims involving vinyl chloride.
While there are some dissenting cases, such as the decision of Justice Pitt in Webster v Almore
Trading & Manufacturing Co, 2010 ONSC 3854, it would be prudent
for any lawyer or plaintiff to ensure that their
wrongful dismissal lawsuits are started within two years of notice of termination.
The firm has tried and / or arbitrated cases involving claims
for wrongful termination, age discrimination, sex discrimination, disability discrimination, national origin discrimination, racial discrimination, pregnancy discrimination, religious discrimination, retaliation, wage and hour violations, ERISA violations, sexual harassment, breach of contract,
trade secret theft, defamation, violation of family leave laws, whistleblower (including Sarbanes - Oxley Act and Dodd - Frank Act) and many other claims.
Assisting in relation to claims
for misfeasance, breach of duty and asset recovery claims (preferences, transactions at undervalue,
wrongful trading or fraudulent
trading)
This includes advising on claims
for gratuitous alienations, unfair preference, misfeasance and
wrongful / fraudulent
trading.
Recent experience in this area includes unfair prejudice petitions, claims
for wrongful and fraudulent
trading, applications to set aside statutory demands, validation orders and relating to void transactions.
A recent example of Anne's work was a project involving researching and writing numerous briefs
for the plaintiff international food company in a case brought against the U.S.
Trade Representative
for damages arising from the
wrongful imposition of retaliatory duties, which the plaintiff food company won on summary judgment.
Actions
for preferences, transactions at undervalue, fraud, illegal dividends, misfeasance and
wrongful trading
On top of that, the liquidator is keeping an eye out
for any one of the various potential claims that can be made out against a director under the Insolvency Act 1986 (
wrongful trading, fraudulent
trading, misfeasance, preference payments).
This includes charges before the EEOC and state fair employment practice agencies;
wrongful termination, discharge, employment discrimination, wage / hour,
wrongful discharge and breach of contract claims in federal and state courts; prosecuting and defending claims
for enforcement of non-competition agreements and
trade secret rights; and arbitrations under employment and collective bargaining agreements.
Michael focuses on discrete insolvency matters, advising insolvency practitioners and individuals on court - related matters including: the prosecution and defence of antecedent transaction claims; claims
for misfeasance and
wrongful and fraudulent
trading; emergency action and injunction work; asset - tracing and protection; and more diverse court applications under the provisions of the Insolvency Act 1986.