Sentences with phrase «from breach of fiduciary duty»

Acted for a joint venture partner involved in the design and development of a condominium project in a claim arising from a breach of fiduciary duty and the joint venture agreement by the managing joint venture partner

If the theoretical underpinning is that consequential damages result from a breach of fiduciary duty, then fees as damages are extended to a new frontier, and the American Rule is further diluted.

Not exact matches

Bouchard dismissed claims that Goldman Sachs & Co and Morgan Stanley aided the breach of fiduciary duty by consenting to the lockup waiver and collecting $ 10 million in fees from the secondary offering.

The lawsuit, filed by employees led by John Meiners, from St. Louis, seeks to recoup excess fees and unrealized profits stemming from Wells Fargo's alleged breach of fiduciary duties to all 401 (k) participants over the last six years, the complaint said.

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

The board of directors of Las Vegas - based Wynn Resorts is facing mounting lawsuits from shareholders — including the NYS pension fund — who allege they breached their fiduciary duties when they ignored what has been described as a longstanding pattern of sexual abuse and harassment by the company's founder, Steve Wynn.

One of the most recent lawsuits the company has found themselves in deals with breach of fiduciary duty from self - dealing within their own company's 401 (k) plan.

It did, however, lose the opportunity to build goodwill by strategically allocating its product during a time of shortage.107 To the extent the stock sale premium reflected this diversion of a corporate opportunity, the selling stockholder was liable for a breach of fiduciary duty.108 A corporate recovery would not have benefitted the selling shareholder — i.e., «those from whom the recovery is had» — but would have benefitted the parties who had induced the very breach that occasioned the recovery.109 The court accordingly ordered direct relief to the minority shareholders.110

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

Instead of a post-mortem on a deal gone bad or accusations from shareholders of fiduciary duty breaches, in business school case discussions, we can take a forward - looking approach and ask what should happen.

We have a strong background handling business dissolutions resulting from tough economic times, partnership or shareholder disagreements, as well as breach of fiduciary duty.

Representation of a former partner in a multi-million dollar breach of contract / breach of partnership / breach of fiduciary duty case against former partners arising from a profit - sharing agreement and involving counterclaims of misappropriation of trade secrets and breaches of nondisclosure / non-solicitation agreements.

Matter between wealthy individual and investment advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor

Our legal team represents directors and officers facing all types of allegations, ranging from fraud and breaches of fiduciary duty to negligence and financial mismanagement.

She has successfully represented clients in connection with claims ranging from breach of commercial and real estate contracts and breaches of fiduciary duty to securities violations; libel and defamation; trademark and copyright infringement; and breaches of employment, non-compete, and non-solicitation agreement.

Jones claimed damages of $ 70,000 against Tsige arising from an invasion of privacy and breach of fiduciary duty.

When a beneficiary would be unreasonably disadvantaged not to be informed of a trust's existence, the trustee's fiduciary duty includes an obligation to disclose the existence of the trust, and where that prevented the beneficiary from making a claim within the prescribed notice period, the duty was breached.

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.

He manages all aspects of litigation and consistently obtains favorable outcomes, from early dismissals and resolutions to verdicts, for clients in business litigation disputes involving breach of contract and fiduciary duties, restrictive covenants, business dissolutions, partnerships and joint ventures, derivative corporate claims, note defaults and workouts, and intellectual property.

Estimated past and future loss of business and employment income arising from breach of contract and fiduciary duty, defective equipment and supplies, human - rights violation, medical malpractice, personal injury, pollution, wrongful death (survivors» losses), and wrongful dismissal — and related contingencies and allowances.

The case involved allegations that of shams agreements, allegedly entered into to defraud HMRC, along with allegations of breach of fiduciary duty and exclusion from the running of the business.

Our litigators have successfully resolved disputes ranging from claims of breach of fiduciary duty to executive compensation claims to retirement plan funding, as well as claims under RICO, the Americans With Disabilities Act («ADA») and the Age Discrimination in Employment Act («ADEA»), among others.

Recent cases handled include a multimillion - dollar recovery arising from construction and design claims, a multimillion - dollar recovery relating to professional malpractice, successful defense of a financial institution from multimillion - dollar lender liability claims, successful defense of independent directors from claims of breach of fiduciary duty and related claims, and a multimillion - dollar recovery in the telecommunications industry arising from claims of breach of contract, breach of good faith and fair dealing, and fraud.

A breach of fiduciary duty not only gives rise to a tort, it gives rise to special damages and remedies that are unique to fiduciary cases apart from common economic loss damages, such as disgorgement of ill - gotten gains or a constructive trust.

Benefit from experienced practitioners that have distinguished themselves in important landmark cases on issues such as financial assistance, minority oppression, breach of directors» fiduciary duties, breach of warranties and share buy out valuation.

His litigation experience runs the gamut from intellectual property matters to general business conflicts, including breach of contract, fraud, tortious interference, trade secret misappropriation, breach of fiduciary duty, and shareholder derivative matters.

'' (T) he doctrinal basis relied on in the U.S. is significantly different from what is commonly referred to in the law of Canada and other Commonwealth countries as breach of fiduciary duty.

Successful representation of Greenbriar Equity Group in a shareholder lawsuit related to alleged breaches of fiduciary duty stemming from proposed acquisition

Akai Holdings Limited & Others v Ho Wing On & Others (Hong Kong High Court, Commercial List): claim for an amount exceeding US$ 500 million for alleged breach of fiduciary duty arising from one of Hong Kong's largest ever corporate collapses.

Plaintiff «brownfield developer» who alleges claims arising from a business deal to bid for, buy and redevelop a brownfield site from WMATA, may only pursue fraud and breach of fiduciary duty claims against a single defendant who allegedly failed to...

Acting for an English registered company and its director in Commercial Court proceedings relating to its operations in Indonesia, pursuing claims for unpaid fees and defending a substantial counterclaim from its parent company for breach of directors» fiduciary duties.

With diverse clients ranging from E&P companies and oilfield service providers to product manufacturers and homebuilders, Gabe knows how to find the right solution for disputes involving a broad range of issues, including breach of contract, fraud, fiduciary duty, construction defects, liens, premises liability and indemnity.

Secured dismissal of eight claims, and obtained defense verdict and dismissal of breach of fiduciary duty claim in an additional claim in a matter in which a pension fund sought more than $ 120 million from an investment consulting firm client.

Defense of defamation and breach of fiduciary duty lawsuit arising from client's role as a whistleblower in an alleged affinity based «Ponzi» scheme.

Together they seek $ 400 million in damages from the Appellants (individuals and companies residing in and / or carrying on business in Guatemala) for conspiracy to commit tortious acts, breach of fiduciary duties, fraud and abuse of process, and unjust enrichment.

The Applicants sought: 1) a declaration that the Respondent CEO has acted oppressively, in breach of his fiduciary duty to BitRush; 2) an order transferring shares of BitRush from the Respondent UK company to certain other stakeholders; and 3) an order that the Respondent UK company's remaining shares in BitRush be... Read More

There is, for instance, nothing in the pleading that suggests that apart from the alleged breach of fiduciary duty that Mr. Epstein negligently drafted the documentation or failed to perform any services associated with the contract between Flirty Girl Fitness and Hottie Body Boutique.

Attorneys who are planning to leave a law firm should have counsel to guide them and help prevent breaching any fiduciary duties to the firm; law firms experiencing the departure of one or more associates often employ counsel to prevent the departing lawyers from damaging the business of the firm or improperly taking away client.

Figuring out how to dissect that kind of claim from a breach - of - fiduciary - duty point of view gets muddled by the «standing» issues underlying the third - party - beneficiary line of malpractice cases we have here in Florida.

The Class argued that the motion judge's initial declaration that the Crown had breached its fiduciary duty had not been disturbed, and that the reach of both s. 5.1 (4) and the Supreme Court's decision were limited to «interest» as distinct from damages for failure to invest.

Perhaps most interesting to the broader evolution and maturation of the bitcoin exchange industry, will be whether any legal precedent arises from the court's analysis of the claims of Mt. Gox's negligence and breach of fiduciary duty, should this case ever go to trial.

Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent

Fraud in all its manifestations from simple deceit to international asset tracing, breach of fiduciary duty, dishonest assistance, fraudulent trading and transactions defrauding creditors.

These provisions may discourage stockholders from bringing a lawsuit against our directors for breach of their fiduciary duty.

Defended breach of fiduciary duty claim by corporation against its former CEO arising from CEO's alleged theft of corporate opportunity and establishment of competing business; after trial, CEO used profits from his new business to acquire his former employer

The Brokerage argued that the Buyer had not suffered any loss from the fiduciary duty breach, as the earnest money represented the amount the Buyer owed to the Sellers as liquidated damages for the failure of the purchase agreement to close.

Real estate transactions can be traumatic, but Oregon's highest court has ruled that a buyer can't collect damages for emotional distress from a real estate broker for an alleged breach of fiduciary duty.

In a case previously summarized in The Letter of the Law, Oregon's highest court has considered whether a buyer could collect emotional distress damages from a real estate broker for broker's alleged breach of his fiduciary duty to his clients.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment