Sentences with phrase «in breach of duty by»

Not exact matches

Judge slams deception by Hardie board Ten former directors and executives of building materials group James Hardie have been found to have breached their duties by making misleading statements about the firm's ability to pay asbestos compensation, in a decision that has wide - ranging implications for company boards.

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.

Rigrodsky & Long, P.A. announces that it is investigating potential legal claims against the board of directors of Analogic Corporation («Analogic» or the «Company»)(NASDAQ GS: ALOG) regarding possible breaches of fiduciary duties and other violations of law related to the Company's entry into an agreement to be acquired by an affiliate of Altaris Capital Partners, LLC («Altaris») in a transaction valued at approximately $ 1.1 billion.

Kalanick filed his response late on Thursday to the suit brought by Benchmark Capital, an early investor in Uber suing him for alleged fraud, breach of contract, and fiduciary duty.

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

By causing Retrophin to recharacterize MSMB Healthcare's subscription as a loan, repay such loan with interest, and pay Shkreli a cash advance — all for his own benefit and for the benefit of MSMB Capital — Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

One lawsuit filed yesterday in Northern California on behalf of a Facebook shareholder, Jeremiah Hallisey, alleges the company's senior management «breached their fiduciary duties by failing to prevent the initial misappropriation [of user data by CA] and, after learning of it in 2015, failing to inform affected Facebook users or the public markets».

Christopher M. Sulyma filed a lawsuit on behalf of two proposed classes of participants in the Intel 401 (k) Savings Plan and the Intel Retirement Contribution Plan, claiming that the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments through custom - built target - date funds.

The lawsuit claimed the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments through custom - built target - date funds.

By causing Retrophin to enter into the Yaffe Consulting Agreement, Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

Plaintiff Christopher M. Sulyma, on behalf of two proposed classes of participants in the Intel 401 (k) Savings Plan and the Intel Retirement Contribution Plan, claims that the defendants breached their fiduciary duties by investing a significant portion of the plans» assets in risky and high - cost hedge fund and private equity investments.

When a fiduciary engages in self - dealing, they breach their duty by acting in their own interests rather than the interests of their client.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

The former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High Court to consolidate the two criminal charges bordering on alleged corruption and breach of trust brought against him by the Federal Government in the course of his official duties.

New guidelines were released by Morgan following the High Court ruling that found there had been a «breach of duty» in omitting humanism from the new religious studies GCSE.

By using the «Sit and Stare» approach to punish students who have been opted out, these local school officials are violating the Common Core SBAC testing policy and are engaging in a serious breach of security and duty.

On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..

Update 3: Action - adventure Call of Duty next year, Activision establishes dedicated business unit for the franchise Update 2: Infinity Ward CEO no longer with the studio Update: «The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward,» Activision states in a recent SEC filing (cheers, G4).

In relation to damage / loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties.

The IPCC could be said to be in breach of it's own obligations in taking an inappropriate view of it's own power and significance and to have acted irresponsibly by accepting the encouragement and support of third party interests seeking to gain from that breach of duty.

[83] There was, in any event, no breach of fiduciary duty by either sister in negotiating the agreement with Hottie Body Boutique, which was fully disclosed to the shareholders of Flirty Girl Fitness and beneficial to the corporation.

In Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr) the court considered whether a child had breached a duty of care by running into a school lunchtime assistant supervisor, causing her serious injury.

Lords Justices Hughes, Toulson and Sullivan considered whether the complainant owed a duty to Napier not to reveal the fact the adjudication panel found he acted in breach of the Law Society's conflict of interest rules and decided to reprimand him, or the fact that its findings were upheld by the appeal panel.

Given: (1) the misery and damage caused to the majority of the population by the problem; and, (2) the law societies» refusal to try to solve the problem, the commercial producers have a strong argument that they should be treated as equal to the ABSs in providing relief from the consequences of the law societies» breach of trust, i.e., their failure to perform the duties attendant to their monopoly over the provision of legal services.

Child neglect constitutes a breach of the duty of care owed to a child by someone in whose care the child has been entrusted.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

In this scenario your employer is violating FEHA's disability discrimination provision by breaching the «duty of good faith and fair dealing.»

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

The High Court previously decided in May 2015 that the BBC was not in breach of its employer's duty of good faith by imposing a cap on pensionable salary.

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patientIn 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patientin an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

The claim further alleges that TD is liable for providing knowing assistance in the breaches of duties and breaches of trust by Stanford and others.

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

Acting (led by Paul McGrath QC) in the Commercial Court for a FTSE 100 company in claims of conspiracy and breach of fiduciary duty against former employees and other individuals relating to the misappropriation of funds.

Rather, whether the breaches of duty of the parties played legally significant causal roles in the outcome was in each case a question of fact to be answered by rational inference drawn in the usual way from the evidence.

Even assuming that H owed his client a duty of care, he discharged it by preparing the documentation in accordance with the instructions of the responsible corporate officer, ensuring that the transaction breached no statute in view of the plaintiff's impending bankruptcy, and ensuring that all signatories to the agreement understood it.

Under the Limitations Act, 2002, claims for breach of fiduciary duty are caught by the phrase «claims pursued in court» in s. 2 (1).

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

Acting (led by David Joseph QC) in an ad hoc arbitration under the Indian Arbitration and Conciliation Act 1996 involving a dispute in connection with a joint venture in India, including allegations of breach of duties of good faith.

In other words, your personal injury lawyer must prove that the breach of duty committed by the defendant resulted in your injurIn other words, your personal injury lawyer must prove that the breach of duty committed by the defendant resulted in your injurin your injury.

The 2013 lawsuit alleged that Citigroup's directors breached their duty of loyalty in two ways: (1) by permitting Citibank to engage in unlawful foreclosure and mortgage servicing practices through the implementation of inadequate internal controls; and (2) by failing to issue a supplemental proxy describing the terms of a consent order with the Office of the Comptroller of the Currency to resolve investigations into Citibank's mortgage servicing operations, into which Citibank entered after Citigroup had issued its 2011 proxy materials, but before its 2011 shareholders» meeting.

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

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

Appearing for and advising former directors of a company in relation to numerous allegations of fraud and breach of fiduciary duty by former shareholders and the purchasers of the company.

The evidentiary details are the means by which Mr. Skurka intends to prove his defence that he was not negligent or in breach of fiduciary duty and his allegation that Mr. Jacobson suffered no damages because he is not an innocent man.

of their duty to monitor their internet access of the measures that can be taken by the RPC of the civil and criminal sanctions incurred in case of copyright infringement of the existence of security means to prevent a breach of their duty to monitor

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»