Search for: "Fiduciary Trust Co. v. Fiduciary Trust Co." Results 61 - 80 of 645
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21 Nov 2022, 5:22 am by Andrew Lavoott Bluestone
Co., 308 AD2d 475, 477; Takayama v Schaefer, 240 AD2d 21, 25). [read post]
16 Nov 2022, 4:47 am by Andrew Lavoott Bluestone
“An attorney holding funds in escrow owes a fiduciary duty to anyone with a beneficial interest in the trust” (Baquerizo v Monasterio, 90 AD3d 587, 587 [internal quotation marks omitted]; see Levit v Allstate Ins. [read post]
5 Oct 2022, 6:30 am
Posted by Laura Harder, Cleary Gottlieb Steen & Hamilton LLP, on Wednesday, October 5, 2022 Editor's Note: Laura Harder is an Associate at Cleary Gottlieb Steen & Hamilton LLP. [read post]
6 Aug 2022, 5:59 am by Russell Knight
Such a trust arises when a fiduciary or confidential relationship has been established by clear and convincing evidence. [read post]
18 Jul 2022, 2:46 pm by Kevin LaCroix
It is also increasingly being explored by civil society organizations and investors as a means by which investors can hold their investee companies to account where the market has been misled, to satisfy their fiduciary, stewardship and ESG-related obligations and commitments. [read post]
18 Jun 2022, 6:58 am by Russell Knight
“[D]ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the [state], he have certain minimum contacts with [the state]” International Shoe Co. v. [read post]
13 Jun 2022, 11:30 pm by Michelle David
The judgment provides some insight into the fiduciary duty of trustees of South African funds, such as provident funds, and trusts when considering investments. [read post]
25 May 2022, 9:01 pm by Richard Zelichov and Trevor T. Garmey
Securities Litigation, 768 F.3d 1046 (9th Cir. 2014) (violations of Section 303 do not give rise to private right of action under Section 10(b) and Rule 10b-5) with Stratte-McClure v. [read post]
28 Apr 2022, 4:00 am by Deanne Sowter
The standard of care for lawyers’ negligence is the service that would be provided by a reasonably competent lawyer in the same circumstances (see: Central Trust Co. v Rafuse, [1986] 2 SCR 147). [read post]
23 Apr 2022, 7:10 am by Russell Knight
” “A constructive trust is created when a court declares the party in possession of wrongfully acquired property as the constructive trustee of that property, because it would be inequitable for that party to retain possession of the property…A constructive trust is generally imposed in two situations: first, where actual or constructive fraud is considered as equitable grounds for raising the trust and, second, where there is a fiduciary… [read post]
28 Mar 2022, 3:44 am by Peter Mahler
JAS Family Trust v Oceana Holding Corp., 109 AD3d 639; Matter of Niggli v Richlin Mach., 257 AD2d 623; Matter of Marcato, 102 AD2d 826). [read post]