Sentences with phrase «with fiduciary obligations»

However, whether the approach is more consistent with the Fiduciary obligations attached to an Agency Relationship is another matter or question.

In his mergers and acquisition practice, he has represented several management groups in leveraged buyouts; represented both buyers and sellers of private and public companies; represented venture capital groups in connection with acquisitions of platform and add - on businesses; and advised directors in connection with compliance with their fiduciary obligations in the context of the sale of a company.

He says he wanted to make sure any discussions that occurred were consistent with those fiduciary obligations.

The first step will be seeking approval from the funds» trustees — which the mayor and comptroller said they were confident they could secure — to begin an analysis of how to sell the securities «in a responsible way that is fully consistent with fiduciary obligations» of the funds.

Not exact matches

The realities of the 21st century require fiduciaries to be concerned with the impact of financial, social and environmental factors on the performance of their company to fulfill their legal obligations and maximize shareholder value.

In the Principal Transactions Exemption, the Impartial Conduct Standards specifically refer to the fiduciary's obligation to seek to obtain the best execution reasonably available under the circumstances with respect to the transaction, rather than to receive no more than «reasonable compensation.»

They would not be specifically required to meet other transition period requirements of these PTEs, such as to make specific written disclosures and representations of fiduciary status and of compliance with fiduciary standards in investor communications, designate a person or persons responsible for addressing material conflicts of interest and monitoring advisers» adherence to the Impartial Conduct Standards, and comply with new recordkeeping obligations.

[7] A substantial number of commenters that generally believe no delay is warranted nevertheless stated that, if the Department were to proceed with a delay, the delay should only partially apply: the Fiduciary Rule and Start Printed Page 16905Impartial Conduct Standards of the PTEs should be immediately applicable even if other conditions and obligations are postponed.

Principal Financial executives made clear last week that the company would not accept any fiduciary obligation in connection with distributors in the independent channel as the company doesn't sell its retirement plans or retirement plan advice on a direct basis.

President Obama gave a full - throated endorsement of the Department of Labor's controversial proposal to impose fiduciary obligations on brokers and advisors working with retirement plans, insisting that new rules are a needed consumer protection to prevent billions in costs due to bad advice.

And with the DoL fiduciary rule effective date looming large in April of 2017, large broker - dealers may suddenly transition hundreds or even thousands of brokers into a new fiduciary obligation, all at once, with only perhaps some sales and product training, but not the training and education necessary to be capable of fulfilling their fiduciary duty of care!

Whether you are an enthusiastic advocate or a staunch traditionalist, wealth advisors — especially those with fiduciary responsibilities — have an obligation to get educated on the... Read more»

Of course, funding clinical trials is often cost - prohibitive and pharmaceutical industry investors, with legally - binding fiduciary obligations to shareholder interests, have little fiscal incentive to devote resources to dietary protocols for which market exclusivity is an impossibility.

If this trend continues where agents become publishers, I see much harder issues ahead on contract terms, sub-rights negotiations, fiduciary obligations, and better conflict of interest policies where ebooks are concerned — and AAR must weigh in with specifics since it's obviously not clear.

If BVF's nominees are elected to the Board, stockholders can either tender their shares in the BVF tender, or not tender and participate with BVF in the future of Avigen, whether through a merger with MediciNova, subject to the nominees» fiduciary obligations, or if the merger is not feasible, to consider liquidation or other similar type transactions.

Most funds with share classes from A to R5 can have some element of revenue - sharing, where fees can be taken from investments to pay commissions for the services of third - party providers — some of which may not have a fiduciary responsibility or legal obligation to act in the participants» best interests.

Or might the trustee's fiduciary obligations to the estate sometimes sit in tension with an interest in maximizing creditors» interests?

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.

Any responsible scientist would have a fiduciary obligation to point out such errors, be totally honest about them, and either fix them or come up with an improvement plan.

He often has conducted and coordinated employment related investigations and has frequently advised clients with regard to federal and state legal and regulatory requirements, the fiduciary responsibilities of corporate and governmental governing boards and general legal obligations.

He is an ardent litigator, serving as lead counsel in numerous civil jury trials involving medical - malpractice, contract disputes, defamation and related business torts, shareholder disputes (e.g., tortious interference with business relationship, trade secret, and non-compete violations), shareholder and LLC disputes and their fiduciary obligations, real - estate litigation, construction litigation, and creditors rights» issues and related bankruptcy and receivership issues.

He did not accept that the decision of Wyn Williams J in Kynixa Limited v Hynes [2008] EWHC 1495 (QB) established that there was a broad implied duty in a contract of employment requiring an employee who owes no fiduciary obligation and who is not acting in concert with others or otherwise unlawfully to disclose to an employer that fellow employees are being recruited by a competitor.

A fair and reasonable fee must be consonant with legal professionals» fiduciary obligation to not take advantage of superior knowledge to enrich themselves at clients» expense.

He likened Schnader Harrison's relationship with its client to the relationship between a trustee and a beneficiary, finding that the law firm was a fiduciary with special obligations to its client.

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.

Lawyers are more than happy to be called fiduciaries when it serves their interests: two obvious examples are restrictive covenants, which the Court of Appeals has declared unenforceable for lawyers because of their fiduciary status [Cohen v. Lord Day & Lord, 550 N.E. 2d 410 (1989)-RSB-, and the unfinished business doctrine, where lawyers» fiduciary relationship with clients was deemed to trump their obligations to their former partners.

Company, commercial, equity and financial (including civil fraud) disputes, including: business disputes; company and share acquisitions and valuations; shareholder disputes; disputes with and between directors; rights and disputes over corporate assets and opportunities; fiduciary obligations; charges and other security interests; financial transactions; securitisation arrangements; disputed asset disposals; civil and criminal asset recovery claims; general commercial, banking and finance contracts; commercial agency; evidence gathering for claims overseas; joint ventures; and partnerships.

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.

In addition, she represents individual and institutional fiduciaries, and assists them with resolving conflicts concerning their rights and obligations.

If they can not get consent, government can only use the land if they have fulfilled their duty to consult and accommodate the Aboriginal group, they have a «compelling and substantial objective» behind their actions, and their actions are consistent with the Crown's fiduciary obligation towards the Aboriginal group.

The most significant and most interesting feature of MMF is the Court's exploration of «the honour of the Crown,» beginning with the ways in which the Court distinguished between the Crown's fiduciary obligations — which it found did not apply in this instance — and the honour of the Crown which, the Court found, did apply, even though it had not been raised in the appellants» briefs to the SCC, though they had raised it in earlier proceedings as a ground for requiring fulfillment of promises or undertakings made by the Crown.

Courts had previously confused obligations of good faith with fiduciary duties.

Also, interpreting the treaties as extinguishment documents would be inconsistent with the Supreme Court's discussion in Tsilhqot «in and Grassy Narrows of the Crown's fiduciary obligations and the honour of the Crown.

Or might the trustee's fiduciary obligations to the estate sometimes sit in tension with an interest in maximizing creditors» interests?

First, the Crown must establish a compelling and substantial objective consistent with the Crown's fiduciary obligations to Indigenous peoples.

The plaintiff was not in fact in a power - dependency relationship with the defendant; not all power - dependency relationships are fiduciary in nature, and an ad hoc obligation does not arise in the absence of an undertaking, express or implied, by the fiduciary; and the absence of the power in the defendant to affect the interests of the plaintiff negates the existence of any fiduciary obligation.

When I left Lawyer Metrics in late 2016, and before I started Legal Evolution, I resigned from Qualmet's Board, as I viewed fiduciary obligations to any legal industry business as incompatible with my role as editor.

It is inalienable and upon surrender it gives rise to a distinctive fiduciary obligation on the part of the Crown to deal with the land for the benefit of the surrendering Indians.

Besides developing a title which is broader, more robust and of greater utility for the holders of the title than the Australian version, Delgamuukw also places stringent conditions on interference with Aboriginal title, including the need to justify any interference in terms of the Crown's fiduciary obligations.

Without a representation agreement though Dave or proven implied agency, dual agency would not apply to you as the brokerage and the REALTOR you would be working with owes you no agency (fiduciary duty) nor would they have any obligation to protect or further your interests.

Despite the fiduciary obligations between the client and the designated agent established under designated agency, the broker still must comply with the Bylaws by adequately supervising the designated agents and ensuring the designated agents are compliant with the Act, Commission Bylaw and the brokerage's policies.

Day Realty Corp. v. Mayflower Agency Co. (174 A.D. 2d 302) question of fact whether broker breached fiduciary obligation by substituting less favorable lease terms for bank with whom broker allegedly had an ongoing relationship.

we have a dual agency and we have to uphold our fiduciary obligations with landlords and tenants.

The only people or businesses in Canada, who have a fiduciary duty to fully disclose any know price trend (one that is backed by hard cold data) are the buyer agents who have entered contractual obligations with a buyer to represent their interests and their interests alone.

Expanding on these principles, the Court referred to other cases involving the obligations of a fiduciary when transacting with its own clients.