Sentences with phrase «other fiduciary duties»

More importantly, when a buyer approaches the listing agent, they've potentially lost a vital opportunity to receive loyalty, confidentiality and other fiduciary duties that buyer's agents owe their clients.

To determine whether a corporate opportunity exists, the courts will often ask (1) whether the opportunity was within the company's line of business; (2) whether the company was financially able to take advantage of the opportunity at the time of appropriation; (3) whether the company had an interest or expectancy in the opportunity; and (4) whether taking a the opportunity would create a conflict of interest or breach of other fiduciary duties.

Not exact matches

«Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns,» Hamilton wrote in her Medium post.

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..

Bogle told those assembled that he has been an advocate for «a federal standard of fiduciary duty, the duty of everyone who touches «other people's money» (OPM) to place the interests of [their] clients above [their] own interests» and that he supports the proposed Department of Labor broker fiduciary duty standard.

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.

Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns.

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

Sulyma brought six claims: claims I and III allege the Investment Committee defendants breached their fiduciary duties by over-allocating the assets of the 401 (k) Plan and Retirement Plan to hedge fund, private equity, and other alternative investments.

In other words, all the stuff about «backdoor payments» and «hidden fees» and «fiduciary duties» is a non-load-bearing distraction.

Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «in breach of a fiduciary duty or other relationship of trust and confidence.»

Others understand the beneficiary of directors» and officers» fiduciary duties to be the corporation itself (as distinct from the corporation's shareholders) and see this as underwriting the stakeholder view of the corporation — the idea that the corporation should be managed in the interests of all of its stakeholders.

But they have been more than willing to talk to others, inappropriately, and in violation of their fiduciary duty.

Subject to any fiduciary duties owed to our other owners or investors under Delaware law, these owners may be able to exercise significant influence over matters requiring owner approval, including the election of directors or managers and approval of significant Company transactions, and will have significant control over the Companys management and policies.

Illegal insider trading generally refers to insider buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

She has accused them of breach of fiduciary duty, professional negligence, and other transgressions.

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.

If placed on the Board, the BVF nominees would, subject to their fiduciary duties, pursue merger negotiations with MediciNova, Inc. or other actions that would be designed to enhance value and minimize risk for all Avigen stockholders.

If SureWest executives truly want to behave as first - class fiduciaries, I would argue that their duty is to shovel money back to shareholders, who can find better returns in other industries on their own.

Hedge funds, however, are subject to the same prohibitions against fraud as are other market participants, and their managers owe a fiduciary duty to the funds that they manage.

This way, as plan sponsors discharge their fiduciary duties to not only select but monitor those investments over time, they can understand the process and help translate it back to 401 (k) or other plan participants.

That means you have fewer fiduciary duties and obligations compared to other plans.

Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

The SEC defines illegal insider trading as: -LSB-...] buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material,...

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).

Nonetheless, they work for you and have a «fiduciary duty» to you, and not to any other party to this transaction.

Given your fiduciary duties, I know that you will advise your shareholders and others of the impairment of your financial condition and the value of any credit allocation that these sections» enormous mandates and restrictions would create.»

As Justice Newbury points out, lawyer and client are not typical contracting parties and are not equal; among other things, the lawyer owes a fiduciary duty to the client, owes professional duties to the court, takes on most or all of the financial risk, and possesses expertise that the client lacks (para. 92).

As to law firms becoming investment properties, and other such «alternative business structures,» that brings the conflict of interest between the profit duty and the fiduciary duty — between serving yourself and serving your client.

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Our lawyers represent clients in connection with evaluating and responding to shareholder demands and we are frequently retained to conduct internal investigations relating to allegations of breach of fiduciary duties, insider trading or other misconduct.

Duty of prudent administration: A fiduciary must consider the purposes, terms, distribution requirements, and other circumstances of the estate or trust.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Justice La Forest observed in the Hodgkinson case that, «From a conceptual standpoint, the fiduciary duty may properly be understood as but one of a species of a more generalized duty by which the law seeks to protect vulnerable people in transactions with others».

Unlike the Premarital Agreements, the parties owe fiduciary duties to each other and must ensure that they fully disclose all of their assets and business dealings.

The Court, with reference to Whiten v. Pilot Insurance Co., 2002 Carswell Ont 537, explained that an actionable wrong is «a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.»

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

Parties who enter into an agreement while married, have an inherent fiduciary duty to each other.

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).

There's a wealth of interesting and essential material here: a restatement of the directors» fiduciary duty to the corporation, and the extent to which consideration of other stakeholders» interests may enter into that duty; the «business judgment» rule; the obligation of a court in approving an arrangement under s. 192 of the Canada Business Corporations Act and the test to be used; and the nature of the s. 241 oppression remedy and the interests protected.

After a couple gets married each spouse has the highest level of fiduciary duty to the other.

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.

Aboriginal Law: Specific Claims Tribunal; Fiduciary & Other Duties Canada v. Williams Lake Indian Band, 2016 FCA 63 (36983)

The same applies where he has committed misfeasance or breach of fiduciary or other duty.

Acting (led by Paul McGrath QC) in the Commercial Court for a FTSE 100 company in claims of conspiracy and breach of fiduciary duty against former employees and other individuals relating to the misappropriation of funds.

Our expertise includes advising officers, boards of directors, shareholders, and special litigation committees on a wide range of business disputes, including fiduciary duties, employment issues with minority and majority shareholders, executive compensation, corporate freeze - outs, direct and derivative claims by shareholders, internal investigations and other aspects of corporate governance.

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.

Will also defends financial advisors, stock brokers, insurance agents, appraisers and other professionals facing claims of negligence and fiduciary duty violations was well as restaurants, hotels and other retail establishments in premises liability litigation in state and federal courts.

Taft's attorneys have substantial experience in cases asserting pension plan design allegations, cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims, issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans, issues concerning summary plan descriptions and also claims concerning the efficacy of ERISA 204 (h) notices.

Accordingly, should the interpretation of the joint venture agreement or the issue of performance be governed by the laws of Canada, the purely «contractual» joint venture may require the members of the joint venture to act towards other partners to the joint venture with a duty akin to a partner's fiduciary duty.