Not exact matches
We represent clients in a broad range
of will contests,
including claims of undue influence and
breach of fiduciary duties, as well as with issues regarding guardianships, conservatorships, and personal representative disputes.
In addition to
breach of fiduciary duty, Business Trial Group attorneys routinely litigate various business tort
claims,
including:
Her experience
includes, but is not limited to, complex litigation relating to
claims of breach of fiduciary duty, will and trust contests, and
claims of undue influence or lack
of capacity.
Badoux's practice spans a national and international scale as he handles a variety
of labor and employment litigation matters,
including labor relations, harassment
claims, wage and hour audits,
breach of fiduciary duties and more.
His trust and estate litigation practice
includes representing corporate trustees, individual trustees, personal representatives and beneficiaries in disputes involving
breaches of fiduciary duty, dissipation
of trust or estate assets, and
claims of lack
of testamentary capacity, undue influence and fraud.
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.
Arish has acted on a wide array
of commercial disputes in the English Courts and in English seated arbitrations,
including cases involving civil fraud,
breaches of fiduciary duty, complex contractual
claims, negligence
claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).
The employees» class action
claims against IQT and the other defendant alleged in the certification motion,
include: wrongful dismissal, conspiracy, negligence, inducing
breach of contract, and
breach of fiduciary duty.
Tom has experience in
claims pursuing and defending allegations
of fraud and bad faith (
including disputes involving
claims of deceit, misrepresentation,
breach of fiduciary duty and conspiracy).
Obtained dismissals
of suits against financial institutions seeking damages for
claims including negligence, fraud,
breach of fiduciary duty, unfair business practices and elder abuse.
BTZ alleges Nguyen
breached his contract and
fiduciary duty to the firm when he «improperly solicited» some
of its clients to come with him when he resigned in early 2015,
including Indcondo Building Corporation, a property development company with a $ 20 - million
claim against its one - time business partner.
His civil cases
included claims of breach of contract and
fiduciary duty, unfair trade and business practices, employment discrimination and civil rights violations, securities fraud, negligence, and civil RICO
claims.
Representation
of minority shareholders in home healthcare franchising companies in various state court litigation involving
breach of fiduciary duty,
breach of a shareholders» agreement, fraud and other tort
claims,
including successfully prosecuting charges for violation
of court orders freezing millions
of corporate funds, resulting in a civil contempt judgment that
included a jail sentence.
Represent officers, directors and managers
of troubled companies,
including defending
claims of breach of fiduciary duty, negligence and other malfeasance.
Successful defense
of over $ 40 million in
claims for
breach of an alleged partnership agreement, fraud and
breach of fiduciary duty against a large Southern California homebuilder in a multi-state litigation,
including a six week jury trial, two state court appeals, a Ninth Circuit appeal, an Idaho state court action and appeal to the Idaho Supreme Court.
Lead litigation counsel to Arch Coal, Inc. in all aspects
of its Chapter 11 reorganization,
including successfully defending against a challenge to proposed DIP financing at a contested evidentiary hearing and defending
breach of fiduciary duty claims against the debtors» management.
He is regularly instructed in substantial wrongful dismissal
claims, typically involving serious allegations
of wrongdoing,
including dishonesty, and
breach of directors» and
fiduciary duties and diverting business opportunities.
Mr. O'Brien's business litigation experience also
includes claims for conversion,
breach of fiduciary duty, fraud, unfair and deceptive trade practices,
breach of contract, and violations
of the Uniform Commercial Code.
Those cases run the gamut
of business and commercial issues,
including:
breach of contract, covenants not to compete, tortious interference with contracts and business expectancies, shareholder disputes, partnership disputes, intellectual property, ERISA, Uniform Trade Secrets Act,
breach of fiduciary duty, indemnification, civil conspiracy, financial disputes, business dissolution and other employment and related
claims.
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.
Representing attorneys and other non-medical professionals in negligence and malpractice
claims,
including claims for misrepresentation and
breach of fiduciary duty
She has successfully defended financial firms and banks against a variety
of claims,
including breach of fiduciary duty, fraud, negligence, unfair business practices, and
breach of contract.
Recent examples
include defending against a civil RICO
claim, allegations
of discriminatory lending practices under the Fair Housing Act and Equal Credit Opportunity Act,
breach of fiduciary duty claims, and insurance coverage
claims, as well as prosecuting a
breach of construction contract
claim and various tort and contract
claims related to a real estate dispute.
Acting for a defendant to a
claim for
breach of fiduciary duty and receipt
of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI,
including representing him in committal proceedings for alleged
breach of a freezing order,
including in cross-appeals to the Court
of Appeal.
Her experience
includes handling allegations
of breach of fiduciary duty, business divorces, contract disputes and indemnification
claims, among other commercial matters.
Cousin has over twenty years experience in complex commercial litigation,
including directors and officers liability litigation (
including claims for advancement
of legal fees and indemnification), ERISA litigation (
including claims for
breaches of fiduciary duty),
fiduciary litigation, professional liability litigation, and securities litigation.
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.
We also have substantial experience litigating
claims that frequently arise in connection with trade secrets» litigation,
including claims related to
breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes
of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.
Any dispute between us relating to our representation
of you,
including, without limitation,
claims for
breach of contract, professional negligence,
breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request
of one party after the service
of that request on the other party.
Real estate broker issues,
including claims against and defense
of real estate brokers and agents
including negligence, fraud / misrepresentation,
breach of fiduciary duty, disclosure obligations.
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.
His experience
includes professional negligence,
breach of fiduciary duty and restraint
of trade
claims.»
Jim has been lead counsel in a wide variety
of complex civil litigation,
including cases involving
breach of contract, fraud,
breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance / ownership disputes,
breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional
claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.
Clifford acts in most types
of commercial and insolvency litigation
including Pre-emptive remedies, Minority Shareholder Actions,
claims against Directors for
breach of duty, claims for Unjust Enrichment or for Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Cove
breach of duty,
claims for Unjust Enrichment or for
Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Cove
Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes,
claims under the Commercial Agents Directive, Directors» Disqualifications, actions for
Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Cove
Breach of Confidence and Database Rights and proceedings to enforce Restraint
of Trade Covenants.
She has particular expertise in conspiracy and economic tort
claims,
claims involving
breaches of directors» and
fiduciary duties and
duties of confidence, as well as in bonus and other contractual disputes,
including those with an international element and those relating to LLPs.
David also has experience in estate and trust disputes
including will contests, mental competency issues, undue influence, trust modification / clarification,
breach of fiduciary duty and related
claims, and accounting.
Ladd has extensive experience prosecuting and defending complex business litigation matters,
including disputes involving
claims for
breach of contract, business fraud, violations
of fiduciary duties,
breach of non-compete covenants, theft
of trade secrets and business defamation.
The FOS has no jurisdiction in respect
of claims for unenforceable loans, and
claims for
breach of fiduciary duty including claims for secret commissions paid on payment protection insurance (PPI) policies introduced and financed by the lender.
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.
She has a wide background
of litigation in multiple jurisdictions and her
claims experience
includes confidential information, fraud, insolvency and
breach of fiduciary duty.
The cases involve a range
of claims including negligence,
breach of trust,
breach of fiduciary duty and fraud.
We have successfully defended clients against
claims including breach of fiduciary duty,
breach of contract, and consumer
claims.
Claims at issue
included breach of fiduciary duty,
breach of trust, aiding and abetting
breach of fiduciary duty, and unjust enrichment.
The
claims included breach of fiduciary duty, battery, negligence and contravention
of common law principles and international law norms relating to the use
of torture and cruel, inhumane or degrading treatment and punishment.
Our attorneys assist employers and plan
fiduciaries,
including pension plan trustees, in litigation matters, such as
claims for plan benefits and
claims for
breach of fiduciary duties.
A complex case with multiple defendants, the
claims included multiple counts
of breach of contract;
breach of duty of good faith;
breach of fiduciary duty; tortious interference with business contract and business expectancy; fraud; conversion; trespass to personal property; misappropriation; unjust enrichment; and civil conspiracy.
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