Sentences with phrase «other fiduciary issues»

Not exact matches

Garrett and other fiduciary financial advisors see the recently issued fiduciary rule passed by the Department of Labor as a major step in the right direction of controlling the costs of advice to investors.

And for now, it appears that other fiduciaries are not engaging with Google on the voting rights issue either.

After careful review and consideration of the comments, the Department is issuing this final rule that will (1) extend the applicability date of the Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2018.

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).

Issues tackled by SFAC members through their individual efforts in 2017 included the PCAOB audit requirement, BrokerCheck, the fiduciary standard, various industry - related tax reform bill provisions, and other issues related to broker - dealers and investment advIssues tackled by SFAC members through their individual efforts in 2017 included the PCAOB audit requirement, BrokerCheck, the fiduciary standard, various industry - related tax reform bill provisions, and other issues related to broker - dealers and investment advissues related to broker - dealers and investment advisers.

Ever since the U.S. Chamber of Commerce and other trade groups began filing lawsuits to overturn the Labor Department's fiduciary rule in 2016, legal experts have speculated the issue would ultimately find its way to the Supreme Court.

This issue is not so much about federal regulations or inconsistencies between state laws and RESPA so much as is about HUD recognizing agency representation for the borrower as a compensable service, fair and equal application of RESPA to all costs (including borrower's broker), and a formal acknowledgment that some brokers are intermediaries that sell access to money while others are fiduciaries.

Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following: (a) setting the direction or control of a business, division, unit, or agency of a business; (b) a fiduciary responsibility to the employer; (c) access to customer, employee, or the employer's personal or financial information, other than information customarily provided in a retail transaction; (d) the authority to issue payments, collect debts, or enter contracts; or 2.

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.

Further, some of our profession's biggest competitors, such as trust companies, investment advisers and others are making the professions lack of disclosure in pricing and commissions a BIG issue in their presentations to injury victims, highlighting the level of regulatory supervision they need to adhere to and the Fiduciary Standard they are required to uphold when dealing with the injury victim.

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.

Those cases run the gamut of business and commercial issues, including: breach of contract, covenants not to compete, tortious interference with contracts and business expectancies, shareholder disputes, partnership disputes, intellectual property, ERISA, Uniform Trade Secrets Act, breach of fiduciary duty, indemnification, civil conspiracy, financial disputes, business dissolution and other employment and related claims.

Posts focus on key legal issues related to ERISA fiduciary rules, 403 (b) contracts, annuities in 401 (k) plans, and other retirement products and services.

Typical claims litigated include disputes relating to price redetermination provisions, oil and gas royalty obligations, representations and warranties, purchase price adjustments, take or pay provisions, capital contribution obligations, oil and gas well drilling obligations, implied lease covenants, delivery of goods requirements, force majeure provisions, right of first refusal and other preferential rights provisions, trade secret protection, contract termination provisions, indemnity obligations, fiduciary obligation, and corporate and partnership governance issues.

Lonmar Global Risks Ltd v West & others [2011] IRLR 138 Richard led Michael Lee in this 3 week High Court trial encompassing issues relating to team move, employees» fiduciaries duties and conspiracy.

In civil litigation matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issues.

In addition, she represents investment managers, hedge funds and private equity funds, and their principals in connection with fund structuring for ERISA and operational compliance with ERISA, providing counsel on fiduciary responsibility, prohibited transaction, VCOC, REOC, and other plan assets issues.

Meredith also counsels clients on other aspects of employment and tax law, including withholding issues, COBRA, HIPAA, PPACA, hiring practices, leave policies and practices, employment termination, personnel policies and fiduciary matters.

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.

Dual Agency, Vicarious Liability, Breach of Fiduciary Duty, and Agency: Other issues were each addressed in multiple cases this quarter.

Breach of Fiduciary Duty was the most commonly raised issue, while Agency: Other and Vicarious Liability issues were considered in many cases as well.

I would just add one other issue to consider — which is a concern if you are considered or have a fiduciary relationship with the partnership or individuals you could be considered a disqualified person.