Eliyon Limited v Gathani Acting for the former directors of a company in liquidation defending claims for alleged
fraudulent breaches of fiduciary duty.
Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged
fraudulent breaches of fiduciary duty.
Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged
fraudulent breaches of fiduciary duty.
It was therefore held that, as the director was involved in
fraudulent breach of his fiduciary duties, section 21 (1)(a) was engaged and that he could not rely on the limitation period defence.
Not exact matches
John has counseled clients in actions based on violation
of state and federal securities laws relating to the sale
of unregistered securities and
fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and alleged
breach of fiduciary duty.
(14 day trial; Construction contract; project management; claims alleging
fraudulent misappropriation, deceit,
breach of fiduciary duty, dishonest assistance and professional negligence against designers / project managers; claim for an account; all serious allegations against Marc Beaumont's client dismissed).
El - Aref International Law Office successfully defended a corporation and its affiliates in a successful defense
of a
fraudulent conveyance and
breach of fiduciary duty lawsuit brought by unpaid creditors, in which the plaintiff had sought to recover more than 6 million USD
These representations include prosecution and defense
of claims against directors and officers for
breach of fiduciary duty and cases involving allegations
of fraud,
fraudulent conveyance and preference.
«One could scarcely imagine a more correspondent set
of remedies as damages for
fraudulent breach of contract and equitable compensation for
breach of fiduciary duty in relation to the same factual situation.»
A lengthy statement
of claim advanced numerous allegations including
fraudulent breach of contract at common law as well as
breaches of fiduciary duty said to consist in deliberate and dishonest under - accounting.
Clients turn to us for representation in commercial and bankruptcy related litigation including
fraudulent transfer, preference,
breach of fiduciary duty, deepening insolvency and corporate governance issues.
Recent trials and arbitrations involve real property disputes,
breach of contract,
breach of fiduciary duty, fraud,
fraudulent transfers, elder abuse, successor liability and California Commercial Code Articles 4, 9, 10 and 11 cases.
With respect to corporate litigation, Dan has represented corporations and senior executives against claims
of fraud, RICO,
breach of contract,
breach of fiduciary duty, and
fraudulent transfer claims.With respect to white collar criminal defense matters, Dan has represented large companies, corporate executives and other individuals in cases
of mail fraud, tax fraud, bank fraud, violations
of the Food, Drug, and Cosmetic Act, in addition to other complex crimes.
The causes
of action included
breach of contract,
fraudulent and negligent misrepresentation,
breach of fiduciary duty,
breach of an implied covenant
of good faith and fair dealing, unjust enrichment and
breach of constructive trust.
Fraud in all its manifestations from simple deceit to international asset tracing,
breach of fiduciary duty, dishonest assistance,
fraudulent trading and transactions defrauding creditors.
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