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References in periodicals archive ?
If I am in a meeting with my lawyer, who owes me fiduciary obligations, and in sheer frustration at my obstinacy or perhaps my poor dress sense, he punches me in the face, this is not a breach of fiduciary duty. But even though it is clearly true, unfortunately it does not get us very far.
Thus, based upon the holding in Squire, it is possible that Virginia law supports a claim of breach of fiduciary duty against a substitute trustee under the circumstances alleged by plaintiff.
Did (defendant) breach a fiduciary duty owed to (claimant) that was a legal cause of damage to (claimant)?
Tagged With: #MeToo, abuse, charities, fiduciary duty, sexual harassment
If improper information sharing in breach of a fiduciary or fiduciary-like duty is central to tipper/tippee insider trading liability, then this type of a breach of fiduciary duty deserves direct scrutiny.
605 in 2015, it adopted the "un-cabined" fiduciary duty format found in the Revised Uniform Limited Liability Company Act (RULLCA), which meant the statutory definitions of the duties of care and loyalty described in RULLCA were not exclusive, and courts could consider broader interpretations of the fiduciary duties owed by those in control of the LLC, including common law duties beyond the language in the statute.
The Board has changed its former requirement that CFPs act as a fiduciary "when providing financial planning" to "when providing financial advice." Sounds like a pretty big step toward a full-time fiduciary duty, doesn't it?
Valsan contends that fiduciaries' duties to "exercise judgment based on relevant considerations" ought to be regarded as the core fiduciary duty. By exercising judgment based solely on relevant considerations, Valsan maintains that fiduciaries will ensure their ability to properly discharge the traditional no-conflict and no-profit rules that protect their beneficiaries' interests.
He is also a contributing author of California Business Litigation, a two-volume attorney's handbook published by California Continuing Education of the Bar, and is a frequent presenter on fiduciary duty conflicts and navigating the minefields of fiduciary liability.
Many different types of professions owe a fiduciary duty to someone; for example, lawyers to their clients and trustees to beneficiaries.
Jim Lardner, communications director for Americans for Financial Reform, said last week that the problem is not merely the lack of fiduciary duty but the public's blissful ignorance about that gap.
The 9th Circuit erred by applying a six-year statutory bar based solely on the initial selection of the three funds without considering the contours of the alleged breach of fiduciary duty." The court did not decide whether Edison actually breached its fiduciary duties with regard to the continuing availability of the mutual funds that were initially selected as investment options in 1999.