Sentences with phrase «of breach of this duty of loyalty»

A classic example of breach of this duty of loyalty by a real estate broker is a broker who purchases property

Not exact matches

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 inducing Fearnow Share Recipients to give up stock they acquired because of their relationship with Retrophin for Shkreli's benefit, Shkreli breached his duty of loyalty to Retrophin.

Retrophin, Inc. («Retrophin» or the «Company»), by its counsel Cooley LLP, brings this Complaint against Martin Shkreli, its founder and former CEO, for repeatedly breaching his duty of loyalty to Retrophin.

But even if the Board had been informed of these Settlement Agreements and the benefit they conferred on Shkreli and MSMB, and authorized Shkreli to enter into them, Shkreli still breached his duty of loyalty to Retrophin.

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.

disgorgement of all monies paid and stock or options granted to Shkreli during the time that he engaged in conduct that constituted a breach of his duty of loyalty to Retrophin;

But even if the Board had been fully informed of the self - dealing nature of these transactions, they would still constitute a breach of his duty of loyalty to Retrophin.

Even if the Board had been fully informed of the Geller Consulting Agreement, Shkreli would still have breached his duty of loyalty to Retrophin.

Even if the Board had been informed of the Blanton Consulting Agreement, Shkreli would still have breached his duty of loyalty to Retrophin.

Failure to do so results in a breach of the duty of loyalty.

By causing Retrophin to enter into the Marshall Settlement Agreement, Shkreli breached his duty of loyalty to the Company.

Under Delaware law, a director or officer who breaches his duty of loyalty should be required to compensate the company for any damages that the company sustained as a result

Even if the Board had been informed of the Rosenfeld Consulting Agreement, Shkreli would still have breached his duty of loyalty to Retrophin.

By causing Retrophin to violate the lock - up associated with the Convertible Note Offering, Shkreli breached his duty of loyalty to Retrophin.

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

Shkreli's use of a Retrophin corporate opportunity to extract 90,000 Retrophin shares from Fernandez and Mulleady was a breach of his duty of loyalty to Retrophin.

Retrophin later disclosed the investigation and sued Shkreli for $ 65 million, claiming he breached his duty of loyalty to the biopharmaceutical company in a long - running dispute over his use of company funds.

With the implementation date of the Department of Labor's fiduciary rule looming large in April, all attention has been focused on how financial advisors and their Financial Institutions are making adjustments to manage their compensation conflicts of interest, to avoid breaching the fiduciary's fundamental duty of loyalty to act in the client's best interests.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

Zenna Atkins, chair of Ofsted from 2006 to 2010, has been ordered to pay damages to her former employer, Wey Education, after breaching her duty of loyalty following a power struggle over an academy trust she helped found.

Although Saskatchewan Appeal Court Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way it did.

Mr. Mavrick has also handled many cases involving allegations of breach of non-competition covenants and allegations involving breach of the common law employee duty of loyalty.

In addition to the unacceptable conduct the employer knew about at the time of dismissal, the employer at trial also argued that use of a company phone for a purpose that was never intended, that is recording conversations with senior management, was a deliberate violation of the employee's duty of confidentiality and a breach of trust and loyalty to the defendant.

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.

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.

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self - interest while working in the plaintiff's employ... [more]

Once the freelancer becomes an agent of the business, the freelancer owes a fiduciary duty of care, a fiduciary duty of loyalty, and a fiduciary duty to account to the business, and has liability to the business only if those duties are breached.

Stockholder Litigation, the Court of Chancery dismissed claims that the board of a target company acted in bad faith and breached its duty of loyalty by instructing its financial...

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self - interest while working in the plaintiff's employ.

That can be both a breach of real estate board rules of ethics and a breach of the fiduciary duty of loyalty owed to the client.

instructions the agent knows to be unlawful could constitute a breach of an agent's duty of loyalty.

A plaintiff shareholder of the company alleged that the lawyer breached his fiduciary duty and duty of loyalty as a shareholder of the company and the lawyer failed to advise the plaintiff and others (the plaintiff was the majority shareholder) about the changes he made.

The court held that where, at the time of execution of a sales contract, a seller is not informed that his broker also represents the purchaser, the broker has breached his duty of undivided loyalty.