Judge Snowdon's subsequent judgment clarifies that, even where there is a finding
of wrongful trading, it is possible that administrators» and liquidators» costs will not be recovered.
Not exact matches
The African Slave
Trade justified by some verses
of the Bible was in fact a violation
of the law the used to justify this
wrongful behavior (you could not buy or sell kidnapped people).
In that case Gaidry, a manufacturer
of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged
wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive
trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.
Kevin has enjoyed a diverse practice in all areas
of personal injury litigation including legal malpractice, accounting malpractice, products liability, motor vehicle accidents involving both commercial and private passenger vehicles,
wrongful death, unfair
trade practice matters, and premises liability.
Simon regularly provides specialist insolvency advice to insolvency practitioners, banks and company directors on a range
of issues arising from corporate insolvency including gratuitous alienation and unfair preferences claims, retention
of title, landlord's hypothec,
wrongful trading and directors» duties and disqualification issues.
While the guarantee pay increases from # 27 to # 28 per day, the minimum basic amount (in cases where a
wrongful dismissal occurs, by the virtue
of trade union, health, and safety, occupational pension trustee or employee representative reasons) will increase from # 5,970 to # 6,203.
She has a wide range
of experience representing clients in contractual disputes and business disputes in Texas, as well as in cases pending throughout the United States, involving product liability, including pharmaceutical product liability, commercial and creative contract negotiations and claims,
wrongful death, toxic torts, mass torts, environmental exposures, technology matters, premises liability, deceptive
trade practices, and warranty claims.
The allegations also charged both Davol and C.R. Bard with the deceptive
trade practices, fraud,
wrongful death, negligence and product liability because
of the defect and the concealment
of the problems.
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.
The provisions
of the Insolvency Act 1986, ss 231/4 to order a contribution towards a company's assets on a winding up for fraudulent and
wrongful trading respectively are untouched.
Susanne Ingold («Susie») practices in all areas
of labor and employment law and litigation, including employment discrimination law, risk management, executive employment contracts, personnel policies and manuals,
wrongful termination,
trade secrets / non-compete agreements, sexual harassment, drug and alcohol testing, and wage and hour law.
Carlyle Capital Corporation v Conway (2011 - 2016)[2013] 2 Lloyd's Rep 179 Instructed on behalf
of the liquidators
of a collapsed investment fund in substantial claims in the Guernsey Royal Court against the former directors and managing agents
of the fund for breach
of duty, misfeasance, negligence and
wrongful trading.
He handles copyright, trademark, right
of publicity, false advertising,
trade secret and patent disputes, protecting valuable intellectual property rights from would - be infringers and defending clients against
wrongful accusations
of infringement.
Serve as national counsel for many
of the largest chemical companies and the industry
trade association in a significant number
of wrongful death claims involving vinyl chloride.
She represents employers in litigation involving claims
of employment discrimination,
wrongful termination, sexual harassment, retaliation, wage and hour violations, unfair competition, defamation and misappropriation
of trade secrets.
Our attorneys also handle breach
of contract claims when there has been
wrongful use or disclosure
of a
trade secret.
Mr. Moreno has successfully represented clients in claims involving breach
of contract, unfair business practices, false advertising, fraud, breach
of fiduciary duty, negligence,
wrongful foreclosure, unfair debt collection, unfair credit reporting, unjust enrichment, misappropriation
of trade secrets, quiet title, emotional distress, and receiverships, among others.
Amy's practice extends into the civil courts where she has represented clients in claims
of discrimination,
wrongful dismissal and matters involving breaches
of covenant such as confidentiality and restraint
of trade.
While there are some dissenting cases, such as the decision
of Justice Pitt in Webster v Almore
Trading & Manufacturing Co, 2010 ONSC 3854, it would be prudent for any lawyer or plaintiff to ensure that their
wrongful dismissal lawsuits are started within two years
of notice
of termination.
The firm has tried and / or arbitrated cases involving claims for
wrongful termination, age discrimination, sex discrimination, disability discrimination, national origin discrimination, racial discrimination, pregnancy discrimination, religious discrimination, retaliation, wage and hour violations, ERISA violations, sexual harassment, breach
of contract,
trade secret theft, defamation, violation
of family leave laws, whistleblower (including Sarbanes - Oxley Act and Dodd - Frank Act) and many other claims.
Assisting in relation to claims for misfeasance, breach
of duty and asset recovery claims (preferences, transactions at undervalue,
wrongful trading or fraudulent
trading)
Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues
of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter
of credit issues; intellectual property /
trade secret / unfair competition issues;
wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.
Ms. Miller provides clients with advice concerning Title VII, ADEA, ADA, FMLA, FLSA, breach
of contract,
wrongful discharge, defamation, non-compete, and
trade secret cases.
He advises regularly on claims for
wrongful trading, preferences, undervalue transactions, illegal dividends and breaches
of duty / misfeasance.
Ms. Grant represents employers in a wide variety
of labor and employment matters, including
wrongful termination, harassment, discrimination, retaliation, breach
of contract, fraud, wage and hour, public policy violations, defamation, invasion
of privacy, and
trade secret / unfair competition.
A recent example
of Anne's work was a project involving researching and writing numerous briefs for the plaintiff international food company in a case brought against the U.S.
Trade Representative for damages arising from the
wrongful imposition
of retaliatory duties, which the plaintiff food company won on summary judgment.
When dealing with pre-insolvency issues, we work with both creditors and debtors addressing issues prior to the onset
of insolvency such as
wrongful and fraudulent
trading issues, as well as directors» liability issues.
We provide advice that covers all aspects
of insolvency disputes, from asset investigations and realisations from debtors and delinquent directors on behalf
of office holders, to
wrongful trading advice to boards
of companies and retention
of title, asset removal, dividend claims by creditors and defending winding - up petitions.
On top
of that, the liquidator is keeping an eye out for any one
of the various potential claims that can be made out against a director under the Insolvency Act 1986 (
wrongful trading, fraudulent
trading, misfeasance, preference payments).
Kristen's litigation experience includes representing individual and corporate clients in cases involving claims
of breach
of contract, consumer fraud, unfair
trade practices, violation
of federal and state credit reporting laws, violation
of the Fair Debt Collection Practices Act, professional negligence, business torts, employment discrimination,
wrongful termination, violation
of wage and hour law, and violation
of non-competition and confidentiality agreements.
We advised the director
of a large tour operator on proposed claims by the administrators for
wrongful trading, breaches
of statutory and fiduciary duties and preference payments.
In September 2008, a California commuter train engineer missed a stop signal while
trading text messages with a friend, leading to a train accident resulting in the
wrongful death
of 25 people.
This includes charges before the EEOC and state fair employment practice agencies;
wrongful termination, discharge, employment discrimination, wage / hour,
wrongful discharge and breach
of contract claims in federal and state courts; prosecuting and defending claims for enforcement
of non-competition agreements and
trade secret rights; and arbitrations under employment and collective bargaining agreements.
Our Employment Litigation lawyers represent employers in the enforcement
of non-competition and
trade secrets agreements, discrimination and harassment claims,
wrongful dismissal cases and related mediation processes.
Michael focuses on discrete insolvency matters, advising insolvency practitioners and individuals on court - related matters including: the prosecution and defence
of antecedent transaction claims; claims for misfeasance and
wrongful and fraudulent
trading; emergency action and injunction work; asset - tracing and protection; and more diverse court applications under the provisions
of the Insolvency Act 1986.
She handles a wide range
of matters, including those involving claims
of discrimination and harassment based on race, national origin, age, sex, disability, and sexual orientation; wage and hour violations; independent contractor misclassification;
wrongful termination in violation
of public policy; whistleblower and other retaliation claims; breach
of contract; unfair competition; defamation; and misappropriation
of trade secrets.
- The law lords have separated inducing breach
of contract from
wrongful interference with
trade, and rejected a long stream
of authority starting with some dicta in Allen v Flood supporting the unified theory.