Sentences with phrase «with breach of fiduciary duty claims»

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.

Not exact matches

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.

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.

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.

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.

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.

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.

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 blackClaim for fraud and breach of fiduciary duty, with freezing and search and seizure orders, with a related claim for unfair prejudice alleging blackclaim for unfair prejudice alleging blackmail.

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.

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.

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.

She has particular expertise in conspiracy and economic tort claims, claims involving breaches of directors» and fiduciary duties and duties of confidence, as well as in bonus and other contractual disputes, including those with an international element and those relating to LLPs.

Indeed, a lawyer who departs with little or no advance notice to his or her colleagues, or deliberately conceals his or her plans to depart, is exposed to a claim by the firm for, among other things, breach of fiduciary duty.

With respect to corporate litigation, Dan has represented corporations and senior executives against claims of fraud, RICO, breach of contract, breach of fiduciary duty, and fraudulent transfer claims.With respect to white collar criminal defense matters, Dan has represented large companies, corporate executives and other individuals in cases of mail fraud, tax fraud, bank fraud, violations of the Food, Drug, and Cosmetic Act, in addition to other complex crimes.

Working closely with Proskauer's team of estate planning and administration lawyers, Jonathan litigates undue influence claims, will and trust contests, inheritance disputes, breach of fiduciary duty claims, trust construction and modification actions, and similar probate and trust matters through all phases of dispute resolution.

Our civil litigators deal with complex issues in areas such as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual harassment and breach of fiduciary duties.

The applicable limitations periods, if any, for the other causes of action are best dealt with at trial, along with the applicable limitation period, if any, for the breach of fiduciary duty claim.

However, his fifth alternative of devising a notional cross-motion for partial summary judgment by the respondents for their claim of breach of fiduciary duty, which was never raised with the parties, amounted to a denial of procedural fairness.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

A complex case with multiple defendants, the claims included multiple counts of breach of contract; breach of duty of good faith; breach of fiduciary duty; tortious interference with business contract and business expectancy; fraud; conversion; trespass to personal property; misappropriation; unjust enrichment; and civil conspiracy.

After settling claims with the seller, the plaintiffs brought suit against the real estate representatives for negligence and breach of fiduciary duty.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

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