The real estate council puts obligations on agents
regarding fiduciary duty, professionalism etc..
Represented members of the board of directors
regarding their fiduciary duties during company's insolvency and distressed sale process.
Boston commercial litigation partner George Skelly, M&A and corporate transactions senior counsel William Kelly and government investigations and white collar defense associate Eric Walz contributed this article about the Massachusetts SJC's guidance
regarding fiduciary duties of directors of publicly traded Massachusetts corporations.
Corporate lawyers in the Los Angeles office also regularly advise trustees and directors of investment funds such as banks, thrift institutions, trust companies, investment advisers, broker - dealers and other institutional investment managers
regarding their fiduciary duties under ERISA and state fiduciary statutes.
Not exact matches
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.
The basics
regarding the three categories of director obligations —
fiduciary duties,
duties of care and statutory liabilities — are outlined below.
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.
Thus,
regarding the claim for negligent breach of
fiduciary duty, the Superior Court grant of summary judgment in favor of defendants was reversed.
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.
We represent clients in a broad range of will contests, including claims of undue influence and breach of
fiduciary duties, as well as with issues
regarding guardianships, conservatorships, and personal representative disputes.
Regarding the claim for negligent breach if
fiduciary duty, the court stated that the limitations period begins to run when the beneficiary actually knows that the
fiduciary breached the trust.
Johnston is also advising a construction company in a claim against a solicitor relating to negligent advice
regarding a Part 36 offer and cost consequences given to the client following litigation, and Hall is handling a claim against solicitors for negligence and a breach of
fiduciary duty relating to a property transaction.
Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of
fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation
regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation
regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.
The oppression remedy of s. 241 (2)(c) of the CBCA and the similar provisions of provincial legislation
regarding corporations grant the broadest rights to creditors of any common law jurisdiction: see D. Thomson, «Directors, Creditors and Insolvency: A
Fiduciary Duty or a
Duty Not to Oppress?»
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?
Represented a national staffing company in a lawsuit
regarding alleged breaches of contract, breaches of
fiduciary duty, wrongful termination, and fraud, resulting in a favorable settlement on the eve of trial.
Minority shareholders in closely - held corporations
regarding breach of
fiduciary duty and voting trust claims
Rachel E. Radspinner concentrates her practice in the administration of trusts and estates, which includes advising
fiduciaries regarding their powers and responsibilities, guiding
fiduciaries through the intricacies inherent in those tasks, and protecting executors, trustees and conservators from liability by ensuring full compliance with their statutory
duties and their obligations under the governing will or trust document.
Amy was junior counsel in Ranson v Customer Systems plc [2012] EWCA Civ 841 (an employment dispute before the Court of Appeal
regarding a claim for breach of contract,
fiduciary duty and restrictive covenant).
In Harris v. Leikin Group Inc., a multi-party case
regarding breach of
fiduciary duty, Superior Court Justice David Brown gave specific directions about the way the trial would take place.
Probate litigation may be required when disputes arise
regarding will contests, trust disputes or an alleged breach of
fiduciary duty.
Representation of a minority shareholder in breach of
fiduciary duty and breach of shareholder agreement
regarding employment termination and stock repurchase.
A
fiduciary duty is often
regarded as the highest
duty recognized by the law.
Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of
fiduciary duty, misrepresentation, fraud and disputes
regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.
We regularly advise plan
fiduciaries as to their
duties under ERISA, and counsel clients
regarding prohibited transactions with ERISA plans and exemptions from the prohibited transaction rules.
Breach of
fiduciary duty claims against executors and trustees — acting for beneficiaries or co - executors / co-trustees who have concerns
regarding the administration of an estate or trust, as well as defending executors and trustees;
Also, I would note: if these
duties (of loyalty /
fiduciary to clients and to other persons or the public at large) come into conflict, a lawyer's rules of professional conduct will require following the relevant rules
regarding conflicts of interest.
Company has no special relationship with or
fiduciary duty to any User and has no
duty to act with
regard to which User can or should access or use the Site or Services.
And of course, Caroline, as part of our client - based
fiduciary duty we must disclose to our would - be client, the choice of low, medium, or high risk we have chosen to associate with «them» — the person / s involved in the purchase and / or sale to whom we owe full disclosure — and therefore would likewise, one would think, disclose the analytics
regarding the other side / s of the transaction.
Regarding the authors following statement: «The Working With a REALTOR ® brochure, a great place to start your Agency conversation, lists one of your
fiduciary duties as «undivided loyalty».
I do believe the fundamental problem though Is our Brokers have signed off their
fiduciary duties with
regard to policing what their agents are doing.
Subsequently, the seller filed a lawsuit against Maki claiming, among other things, that the broker had breached
fiduciary duty to the seller by making false representations
regarding the buyers» ability to obtain financing and by misrepresenting the operation and effect of the home inspection contingency.
Since the Broker was not acting within the scope of his license, the court ruled that he did not have a
fiduciary duty to the Owner in
regards to the short sale.
The court held that the listing agent, who also represented the buyer in a concurrent sale deal, did not owe the buyer a
fiduciary duty regarding the purchase, but did owe the buyer a common law
duty of care.
Classifications and terminology
regarding these
duties, generally fall under the term
fiduciary responsibilities and vary somewhat in printed materials.