Sentences with phrase «legal fiduciary duties»

Not exact matches

A fiduciary has a legal duty to act in your best interest and can be sued for taking actions otherwise.

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.

Thus, Cyprus actually holds a higher standard in fiduciary duties in terms of legal protection from rogue investment companies than the U.K., which is still not in full compliance of the MiFID.

«Blackstone further breached its fiduciary duty by choosing to negotiate a legal fee arrangement with greater benefits for itself than the funds it advised, without properly disclosing the arrangement.»

My point — which kinda got lost — is that you may have a legal right to audit someone who owes you a fiduciary duty.

There is a movement to introduce a more professional atmosphere in the industry and actually introduce a fiduciary duty similar to the legal and medical professions but the industry is adamantly opposed to it for obvious reasons.

of the Legal Prof. 283, at pp. 296 - 298, I suggested that we should regard lawyer independence as a public trust and that we should meld non-governmental oversight and the public trust as the way to deal with lawyer regulators who breach their fiduciary duty to regulate in the public interest.

'» (Slaw, April 10, 2017); and, (2) «Technology, the Fiduciary Duty, and the Unaffordable Legal Services Problem» (Slaw, December 6, 2016).

They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the risk of the fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.

On April 8 and 9, 2010, and all material times, Hamilton and Cassels Brock owed a fiduciary duty and duty of good faith to the Plaintiff, and were obligated to act with regard to the Plaintiffs interests and keep and protect the Plaintiffs confidences as a result of the relationship that existed as between the Plaintiff, Hamilton and Cassels Brock, including as a result of the legal advice that had been provided by Hamilton and Cassels Brock to the Plaintiff on or about April 7, 2010 at a time when the Plaintiff was vulnerable and dependent upon Hamilton and Cassels Brock and relying upon their professional advice.

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A lawyer has a fiduciary duty (legal obligation) to look out for your best interests.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Professor Woolley's academic articles have discussed lawyer billing, the good character requirement for law society admission, the regulation of extra-professional misconduct, legal ethics teaching, access to justice, the regulation of civility, independence of the bar, the lawyer's duties as fiduciary and as an advisor, criminal lawyer ethics and the theoretical foundations of the lawyer's role.

When an attorney breaches any of these fiduciary duties by acting negligently / incompetently or failing to uphold standards under lawyer ethics or the professional code of conduct, a client may have an action for legal malpractice.

[81] The duty of lawyers to avoid conflicting interests is at the heart of both the general legal framework defining the fiduciary duties of lawyers to their clients and of the ethical principles governing lawyers» professional conduct.

The historic gap, which in the past has been canyon-esque as I'm fond of saying, this is where the courts developed the idea of fiduciary duty because as there were such dependence on the part of the client on the service provider because the client doesn't know and the client can't be expected to know whether or not they're being treated fairly or properly or what have you to getting good, you're getting good services, and I don't think that gap will ever close entirely but we are seeing the purchasers of legal services becoming more knowledgeable and more sophisticated, there is.

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.

Fiduciary Duties of Directors, Officers and Owners of Closely - Held Businesses, Massachusetts Continuing Legal Education, August 2004, Thomas S. Fitzpatrick (presenter)

«Shifting Sands: The Shift of Management's Fiduciary Duty to Creditors in the Zone of Insolvency,» director and officer, Liability Seminar, Center for Advanced Legal Studies at Suffolk University Law School, April 2003

In this case, there were difficult legal issues to unwind around what constitutes a sexual assault versus a breach of a parent's fiduciary duty.

In January 2005, a judge dismissed the plaintiffs» claims for legal malpractice and breach of fiduciary duties, saying they had been filed outside the statute of limitations, Law.com reported.

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?

According to the article, the Bair Foundation a Christian charitable foundation sued Reed Smith for breach of contract, breach of fiduciary duty, legal negligence and unjust enrichment.

The law imposes «fiduciary» duties on people occupying positions of trust, including directors, partners, agents, brokers, legal and financial advisers, and many others.

The legal repercussions of breach of fiduciary duty are and should be enormous.

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.

Legal issues raised at trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, the disciplinary rules, adverse possession, constructive trust, fiduciary duty and the attorney - client privilege.

The primary legal theory was that the non-selling shareholders breached a fiduciary duty owed to the selling shareholders.

Complex legal issues in relation to the alleged breaches of confidentiality and breaches of fiduciary duties relating to the alleged receipt of «secret commissions».

Here, we're discussing five trust accounting pitfalls that affect your bottom line, and how a legal - specific trust accounting software can help your firm better manage its fiduciary duties.

legal - specific trust accounting software can help your firm better manage its fiduciary duties.

$ 45.6 Million Jury Verdict for legal malpractice, fraud, and breach of fiduciary duty involving concealment of conflict of interest in a real estate transaction.

Often, legal malpractice happens because of negligence, breach of fiduciary duty, or a breach of contract.

Legal malpractice is a term used to describe negligence, breach of contract, or breach of fiduciary duty on the part of an attorney that is detrimental to the client.

Pennsylvania — Attorney Liability, Key Points: Liability for aiding and abetting a breach of a fiduciary duty has never been imposed on an attorney in Pennsylvania who merely provided legal representation to his client.

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.

As Howard notes, the drop in file sharing cases could be attributable to legal issues at Malibu Media, previously the largest filer of such file sharing cases which is now suing its former legal counsel for professional negligence and breach of fiduciary duty.

Trillium also sued Cassels Brock & Blackwell LLP («Cassels Brock») for breaching contractual and fiduciary duties and providing negligent legal services.

[i] Lawyers» legal labour provided pro bono does involve a fiduciary duty to the client, whereas other alternative legal services don't.

If targeted legal services generate a fiduciary duty, it is only for the very limited work provided by the lawyer.

Establishing the fault of negligence and a breach of fiduciary duty often depends on established legal and industry standards to demonstrate a divergence therefrom and subsequent fault.

They do nothing more than help the population learn to live with the problem, which tells everyone that never again will they have a lawyer of their own, in a fiduciary duty, whose duty it is to solve the client's legal problems affordably.

ALSs, (with the commendable but tiny exceptions of pro bono for small and short cases, and perhaps targeted legal services), do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires a lawyer to act in the best interests of the client, backed - up by a law society complaints department and every lawyer's mandatory professional insurance.

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.

the Western Australia Aboriginal Legal Service is considering proceeding with a number of joined cases against the State alleging breach of fiduciary duty.

While the Court's approach of directing the State to negotiate even when it is reluctant to do so ensures an ongoing dialogue between the parties it stops short of seeing negotiation as a legal right of Indigenous people to whom the State owes a fiduciary duty.

The sales culture's long - standing ethos is in direct conflict with the legal implications of fiduciary duty on this issue, and the legal argument is the one that holds sway, every time.

# 5 - Statistics and Market Trends that are released by MLS Associations or any non-profit serving them, have a legal requirement to protect Buyers as a fiduciary duty and not Sellers ONLY.

Overall, dual agency relationships can cause legal issues because real estate agents are bound by fiduciary duties, which require undivided loyalty to clients.