Sentences with phrase «law breach of fiduciary duty»

Also, the purchaser's claim for common law breach of fiduciary duty was abrogated by the Washington statute which prescribes statutory duties that real estate brokers owe to their clients.

... plaintiff's common - law breach of fiduciary duty and gross negligence claims must be dismissed because they are preempted by the Martin Act.

Not exact matches

STEVENSON, Md. --(BUSINESS WIRE)-- The securities litigation law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty and other violations of state law by the Board of Directors of DCT Industrial Trust Inc. (NYSE: DCT)(«DCT Industrial» or the «Company») relating to the proposed buyout of DCT Industrial by Prologis, Inc..

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.

At least three different law firms are investigating the Kayak sale for possible breaches of fiduciary duty by Kayak's board.

The investigation concerns possible breaches of fiduciary duty and other violations of law related to approval of the transaction by the Spark Networks board of directors.

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

Levi & Korsinsky is investigating the Board of Directors of VaxGen, Inc. («VaxGen» or the «Company»)(OTC BB: VXGN) for possible breaches of fiduciary duty and other violations of state law in connection with their attempt to sell the Company to Oxigene Inc. («Oxigene»)(NasdaqGM: OXGN).

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.

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.

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.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

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.

He has represented clients in felony and misdemeanor criminal trials, family law matters, and a wide range of commercial disputes - including breach of contract, breach of fiduciary duty, fraud, replevin, eviction, and real property issues.

His cases have included contested winding - up proceedings / shareholder disputes / protection; worldwide freezing and disclosure orders in respect of large scale fraud; company law, property and contractual disputes; trust disputes; breach of directors» duties / breach of fiduciary duties / recovery of assets; advising on Cayman Islands «STAR» trusts / transactions to defraud creditors.

Advice and litigation relating to the conduct of meetings, directors» fiduciary duties, breach of warranties claims in the context of company acquisitions, financial assistance and other aspects of Company Law.

Our lawyers represents D&O liability insurers, and their insured companies, directors and officers, in defense of claims involving breaches of fiduciary duties and claims arising under employment, environmental and securities laws.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligenLaw article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligenlaw securities claims for breach of fiduciary duty and gross negligence.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

Willie has prosecuted and defended claims involving breach of contract, tortious interference, state and federal antitrust, common law and statutory fraud, misappropriation of trade secrets, negligent misrepresentation, business disparagement, state and federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance, breach of fiduciary duty, shareholder oppression, and qui tam.

Dishonest assistance with breach of fiduciary duty — Duty of care owed by bank — Whether duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1duty — Duty of care owed by bank — Whether duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1Duty of care owed by bank — Whether duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1945.

Peter has handled well in excess of 1000 securities litigation matters involving claims for violation of federal and state securities laws, breach of fiduciary duty, fraud, unauthorized trading, unsuitability, elder abuse and related claims.

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

Peters & Co issued a statement of claim alleging breach of contractual, common law and fiduciary duties.

He has prosecuted and defended cases involving claims for breach of contract, breach of fiduciary duty, trademark infringement, copyright infringement, unfair competition, securities and common law fraud, and other business related torts.

Obtained TRO and preliminary injunction and favorable settlement on behalf of a national law firm in breach of fiduciary duty and theft of trade secrets case against another national firm.

Investigating a suspected breach of fiduciary duty by two partners in an international venture capital firm, an Am Law 100 law firm sought temporary restraining orders in three jurisdictions (London, New York and Los Angeles) and needed help uncovering evidence that the two partners were exploiting corporate opportunities that belonged to the partnershLaw 100 law firm sought temporary restraining orders in three jurisdictions (London, New York and Los Angeles) and needed help uncovering evidence that the two partners were exploiting corporate opportunities that belonged to the partnershlaw firm sought temporary restraining orders in three jurisdictions (London, New York and Los Angeles) and needed help uncovering evidence that the two partners were exploiting corporate opportunities that belonged to the partnership.

Representing PepsiCo, Inc. and Bottling Group, LLC in the United States District Court for the Southern District of Iowa, in litigation alleging claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa competition law, and for tortious interference, breach of fiduciary duty, business defamation and, on behalf of a putative class, breach of contract.

'' (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.

This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its principal for breach of fiduciary duty and contract, seeking compensatory and punitive damages.

Affirming, the First District dove deep into the nature and reach of the breach of fiduciary duty, consumer fraud, and conversion torts under Illinois law.

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

It was held that the alleged breaches of fiduciary duty were no more than the equitable counterparts of the claims at common law and that:

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.

In family court there may be other ways to affirm a party's interest without a forced sale AND the family law court has full jurisdiction to set aside the transfer deed on any grounds that the civil court could rely upon (i.e., fraud, lack of consideration, duress, breach of fiduciary duty if applicable, constructive trust, resulting trust, etc.).

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.

An Ontario Superior Court judge has awarded damages against law firm Cassels Brock & Blackwell LLP in the amount of $ 45 million for breach of fiduciary duty, breach of contract, and professional negligence.

Conducting heavy Commercial Court proceedings in relation to a range of financial transactions in respect of which allegations of conspiracy, fraud, breach of tortious duty, breach of contract and breach of fiduciary duty under English and Luxembourg laws are all in issue.

As for the causes of action other than breach of fiduciary duty (battery, negligence and breaches of common law and international norms), the appellants argue that it is implicit in the motion judge's reasons that he decided the limitations issues in their favour.

We are as familiar with the requirements of proving deceit at common law as with equitable relief for breach of fiduciary duty, including secret profits and bribes.

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.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

He also chewed out Makhnevich in a default judgment, finding her actions to be unconscionable and a breach of fiduciary duty, and ruling that Lee's commentary couldn't be defamatory under New York state law.

Not mentioned by the court, but in addition, since many state real estate license laws prohibit conduct which constitutes a breach of fiduciary duty, a broker who violates a fiduciary duty also may be putting his real estate brokerage license in jeopardy.

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.

122 DOS 99 Matter of DOS v. Smith - failure to pay judgment; unauthorized practice of law; salesperson breaches fiduciary duty to principal by inducing principal to make two loans to other persons, guarantying payment of said loans, failing to honor those guarantees and failing to satisfy a judgment entered against him; unauthorized practice of law by drafting promissory note; $ 1,000.00 fine and suspension of license until proof of satisfaction of judgment

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

Failla also said the investors may pursue some claims alleging breaches of fiduciary duty and due care, but she dismissed claims alleging general negligence and the violation of a New York law governing mortgage trusts.

While the law does not prohibit acting for more than one party, it is not possible for a licensee to act as the agent for more than one client whose interests may conflict without being in breach of their fiduciary duties (see Sole agency above) to each client.