Sentences with phrase «violating fiduciary»

Horiike sued the listing agent, Chris Cortazzo, and Coldwell Banker, the broker, for violating fiduciary duties.

Proceed with caution to avoid being accused of violating fiduciary duties.

If someone was brought in as an employee, closed the company bank account and then run business for the company through her own account, she is likely violating her fiduciary duty to the company as an officer.

Shareholder lawsuits that accuse companies of violating fiduciary duties are rare especially in private companies, but they can be filed by shareholders to decrease profits.

Company officers can still have personal liability for violating fiduciary trust, fraud, self dealing, etc..

Earlier this year, the group of concerned alumni, students, and faculty filed a lawsuit against Cooper Union's Board and President for violating its fiduciary duties and the school's charter.

«I know that society can't put you in jail for violating fiduciary duty, but the federal government can,» he said.

Black was among a number of high - profile executives accused of violating their fiduciary duties to shareholders.

The bill states that any «broker - dealer, sales representative, investment advisor or representative of an investment advisor shall not violate the fiduciary duty toward a client» imposed in a separate statute.

«As the beneficiary of the accelerated monitoring fees, Blackstone violated its fiduciary duty by failing to properly disclose the fees,» said Julie Riewe, co-chief of the SEC Enforcement Division's Asset Management Unit.

They claim that Blatter «violated his fiduciary duties and acted against the interest of FIFA.»

But Schneiderman's investigation showed that Lugo and her board violated their fiduciary responsibility to the parade by failing to perform «basic duties» of oversight on Velasquez, never even asking for back - up documentation for his summary reports.

With this measure we believe you have aggressively overstepped the bounds of good corporate governance and have clearly violated your fiduciary responsibility.

Further, they charged that bad decisions by board leaders and administrators had violated their fiduciary duties.

Persons in positions of trust who abuse or misuse that trust may have violated their fiduciary obligation.

This action will not violate any fiduciary responsibility.

Hallisey claims the officers and directors violated their fiduciary duty and also unjustly profited from previous sales of their own shares by failing to prevent, remedy or disclose the exploitation of Facebook users» personal profiles.

But according to SFGate, it claims that «the officers and directors violated their fiduciary duty and also unjustly profited from previous sales of their own shares by failing to prevent, remedy or disclose the exploitation of Facebook users» personal profiles.»

While Saad may have violated his fiduciary and contractual obligations under Michigan law, said the court, Abdel - Hak's arguments did not support the nondischargeability requirement for the federal bankruptcy code.

The court first considered whether the Broker violated his fiduciary duty to the Owners when he stopped making the mortgage payments.

A federal appellate court has considered whether a general partner in a partnership formed to develop real estate violated his fiduciary duty when he excluded his partners from a subsequent transaction.

Not mentioned by the court, but in addition, since many state real estate license laws prohibit conduct which constitutes a breach of fiduciary duty, a broker who violates a fiduciary duty also may be putting his real estate brokerage license in jeopardy.

In 2010, he sued the listing agent, Chris Cortazzo, and Coldwell Banker, stating they violated their fiduciary duty to him.

Not exact matches

Also excluded from the final memorandum, but included in the draft, was a specific order for the DOL to analyze prohibited transaction exemptions, which were an integral part of the rule, and to consult with DOJ about whether the fiduciary rule violates the «Administrative Procedure Act or any other applicable statute.»

Broker - dealer Scottrade has been charged with violating the impartial conduct standards of the DOL fiduciary rule.

Galvin alleged the firm knowingly violated the DOL fiduciary rule by holding a series of call nights and sales contests to drum up new business ahead of its planned merger with TD Ameritrade.

This finding was substantiated by the Pension Funds» counsel, which concurred that divestment would not violate the Trustees» fiduciary duty.

His notice of claim asserted that Mahoney was violating her «fiduciary duty» to county taxpayers by socializing with Dixie.

In its complaint, Penn alleges that Thompson violated the university's patent rules and «breached his fiduciary duty to the university» by «failing to disclose to the university research and discoveries.»

Opponents long argued that SITLA could make more money for the school trust fund it supports by selling the land, leading to assertions that allowing the parcel to be mined could violate the agency's fiduciary duty.

The Fiduciary Rule also contemplates a Best Interest Contract («BIC») Exemption, which permits investment advisers to retail retirement investors to continue their current fee practices, including receiving variable compensation, without violating prohibited transactions rules, subject to certain safeguards.

The Fiduciary Rule provides an exception for activity that would otherwise violate prohibited transaction rules, which is applicable to investments made by plan investors who are represented by a qualified independent fiduciary acting on the investor's behalf in an arms» length transaction (typically for larger plans).

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

In the first letter, Lamassu accused DITC management of «spending as though Ditech Networks has money to burn, adding to the amount of money you have already lost for shareholders during your tenure,» «aggressively [overstepping] the bounds of good corporate governance» and «clearly [violating] your fiduciary responsibility.»

Intentional wrongdoing such as committing fraud, mishandling a client's money / breach of fiduciary duty, libeling a client or violating someone's civil rights

Breach of Fiduciary Duty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and coFiduciary Duty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and cofiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and confidence.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

To do otherwise would violate the terms of the listing agreement and could give the sellers cause to claim a breach of the agent's fiduciary duties to them.

After reviewing the evidence presented to the jury, the Texas Court of Appeals, Third District, the court decided that although there was some evidence that the insurer had breached its fiduciary duty by failing to promptly settle for the full amount of the owners» claims, it determined that the insurer hadn't violated the Texas consumer fraud statute and knowingly engaged in deceptive acts.

The trial court ruled that the Broker had not violated the terms of the contract and there was no breach of fiduciary duty.

While the character of self - serving people is not necessarily mean or contemptible, their actions most certainly are, especially if they violate the (fiduciary) trust their client placed in them by placing their own interests above their client's.

Following a bench trial, the trial court found that the licensee violated the Deceptive Trade Practices Act, engaged in fraud, and breached his fiduciary duty to the seller.

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to «spam» or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and / or passwords with any unauthorized third parties or use the assigned confirmation numbers and / or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as Firefox, Microsoft Internet Explorer ® may be used without such permission.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

Fiduciary duties to a client never include obligations that could expose you to accusations of violating fair housing law.

But she also declared Taubman's efforts to thwart Simon's attempt to amend the Taubman charter was a breach of fiduciary duty and that Robert Taubman violated the Michigan Control Shares Act by forming a voting block against the Simon / Westfield bid.

The Investors contended that KPMG's audits constituted a negligent misrepresentation; violated the state's consumer trade practices law; were professional negligence; and a breach of its fiduciary duty.

statements or material that violates any contractual or fiduciary rights, duties or agreements;

On October 18, 2010, the New Jersey Real Estate Commission (NJREC or Commission) found appellant Douglas R. Tonge and his company Just New Homes, Inc., violated N.J.S.A. 45:15 - 17 (k) by paying rebates or compensation to persons not licensed by the Commission; N.J.A.C. 11:5 - 6.4 (a), breached the fiduciary duty owed to their customers; N.J.S.A. 45:15 - 17 (e), failed to deal fairly with all parties; and N.J.A.C. 11:5 - 6.1 (r), made false or misleading statements in promotional materials.