Sentences with phrase «with breach of fiduciary duty»

Over the years Mark has dealt with many high - profile sports and intellectual property disputes, often in the Formula 1 industry and also with breach of fiduciary duty claims and employment related matters.

Dishonest assistance with breach of fiduciary duty — Duty of care owed by bank — Whether duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1945.

One of the most recent lawsuits the company has found themselves in deals with breach of fiduciary duty from self - dealing within their own company's 401 (k) plan.

Not exact matches

With the implementation date of the Department of Labor's fiduciary rule looming large in April, all attention has been focused on how financial advisors and their Financial Institutions are making adjustments to manage their compensation conflicts of interest, to avoid breaching the fiduciary's fundamental duty of loyalty to act in the client's best interests.

This week, the SEC issued an order charging a registered investment adviser, along with its then - chief compliance officer, with breaching their fiduciary duties by failing to disclose a conflict of interest created by the outside business activity of one of the adviser's top - performing portfolio managers and failing to disclose a breach of the adviser's private investment policy by that portfolio manager.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

The TechCrunch founder says he has filed suit with the Northern District of California Federal court against Fusion Garage alleging fraud and deceit, misappropriation of business ideas, breach of fiduciary duty, unfair competition and violations of the Lanham Act (trademark protection).

For example, when financial advisors — faced with a dizzying array of share classes and sales charge structures — choose a fund that provides more generous compensation, they may be accused of breaching their fiduciary duty.

Plan fiduciaries have been charged with breaching their fiduciaries duties under ERISA by selecting more expensive share classes of investments than were available to the plan.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..

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).

[83] There was, in any event, no breach of fiduciary duty by either sister in negotiating the agreement with Hottie Body Boutique, which was fully disclosed to the shareholders of Flirty Girl Fitness and beneficial to the corporation.

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.

Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty.

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.

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.

Acted (with Robert Miles QC and Mark Howard QC) in claims for conspiracy and dishonest breach of fiduciary duty in relation to a Cayman investment fund of hedge funds.

He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence; Breach of Contract; Wrongful Termination; Fraud; Professional Negligence; Breach of Fiduciary Duty and Personal Injury.

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 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.

The respondent brought an action in Ontario against Dr. Lu, three Chinese corporations and a British Virgin Island corporation (hereafter the «appellants») for breach of confidence, breach of contract, breach of fiduciary duty, conspiracy, unjust enrichment and / or unlawful interference with economic interests after discovering clones being sold in the global market.

BTZ alleges Nguyen breached his contract and fiduciary duty to the firm when he «improperly solicited» some of its clients to come with him when he resigned in early 2015, including Indcondo Building Corporation, a property development company with a $ 20 - million claim against its one - time business partner.

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

Combined Air sued Flesch for breach of the Acquisition Agreement, as well as for breach of Flesch's fiduciary duties as a former Combined Air senior employee and for conversion, misrepresentation and unlawful interference with economic relations.

He assists clients with breach of contract and fiduciary duty cases, construction claims, shareholder and partnership disputes and disputes relating to interests in real property.

The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty.

She has successfully represented clients in connection with claims ranging from breach of commercial and real estate contracts and breaches of fiduciary duty to securities violations; libel and defamation; trademark and copyright infringement; and breaches of employment, non-compete, and non-solicitation agreement.

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.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

Interactive Technology Corporation v Ferster Claim for fraud and breach of fiduciary duty, with freezing and search and seizure orders, with a related claim for unfair prejudice alleging blackmail.

Represented a major electronics / defense firm in a case involving allegations of lost profits resulting from alleged breaches of fiduciary duties and tortious interference with contracts in connection with an alleged joint venture relationship.

She won a case involving insurance breach of fiduciary duty when customers of a Lavaca County restaurant became sick with Hepatitis A.

Consulting with individuals and companies accused of misappropriating trade secrets or breaching their noncompete agreements or fiduciary duties

A developer, Fraser, sued several environmentalists and a municipality for negligence, breach of fiduciary duty, interference with contractual relations, conspiracy of tort, collusion and bad faith during a zoning dispute.

With precedent - setting cases awarding these damages, as well as for invasion of privacy, intentional infliction of mental suffering, defamation, loss of reputation, breach of fiduciary duty and even negligence, garden variety dismissals now flirt with becoming significant lawsuWith precedent - setting cases awarding these damages, as well as for invasion of privacy, intentional infliction of mental suffering, defamation, loss of reputation, breach of fiduciary duty and even negligence, garden variety dismissals now flirt with becoming significant lawsuwith becoming significant lawsuits.

If you suspect you've been the victim of a breach of fiduciary duty, consulting with a qualified commercial attorney who can stand up for your rights is your best course of action.

Stephen Smith is renowned for his work in civil fraud litigation (typically claims for breach of fiduciary duty, deceit and misrepresentation), especially in connection with freezing injunctions, asset tracing, disclosure orders, jurisdictional and forum disputes, sham trusts and committals to prison for contempt of court.

As well, many companies are not aware of gaps in «traditional» insurance products that more specialty liability insurance products (i.e. media and Internet liability, cyber liability) are intended to catch, including breach of fiduciary duty to protect privacy of client information, content exposure (defamation, intellectual property), damages caused by virus, third party financial losses due to system downtime, costs associated with data breach notification following a cyber attack / hack, etc..

The case involved allegations that of shams agreements, allegedly entered into to defraud HMRC, along with allegations of breach of fiduciary duty and exclusion from the running of the business.

Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).

Our litigators have successfully resolved disputes ranging from claims of breach of fiduciary duty to executive compensation claims to retirement plan funding, as well as claims under RICO, the Americans With Disabilities Act («ADA») and the Age Discrimination in Employment Act («ADEA»), among others.

Interactive Technology Corporation Limited v Ferster Acting for a company on claims against one of its directors to set aside a purported sale of the Company's assets and claims for breach of fiduciary duty (with Richard Snowden QC and Nigel Dougherty).

John handles the entire range of disputes that his real estate clients may encounter, with a strong emphasis on helping Texas brokers and agents resolve claims of breach of fiduciary duty, fraud, misrepresentation, DTPA violations and negligence.

Secured dismissal of action alleging breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting, breach of contract, money had and received, and conspiracy in the U.S. District Court for the Central District of California on a Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim;

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

Recent examples of Jane's work include: acting for a British retail and commercial bank in a breach of contract dispute (with Andrew Hochhauser QC); acting for a professional association football club in a dispute concerning breaches of fiduciary duty (with Paul McGrath QC); acting as sole Counsel for a pharmaceutical company in an injunction dispute against a senior employee (and successfully obtaining a garden leave injunction); and acting in a complex, multi-party dispute containing allegations of fraud (with Daniel Oudkerk QC).

In the recently released endorsement, In the Estate of Norma Baer, the Court grappled with a contested passing of accounts in the face of an admitted breach of fiduciary duty by the estate trustees.