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Breach of Fiduciary Duty
- New York Breach of Fiduciary Duty Lawyer: Housing Crisis Lawsuits
- Split NY Appeals Court Allows Retaliation Claim to Survive Dismissal
- Possible Breach of Fiduciary Duty in Sale of Quest Software
- METLife Sued by Investor for Breach of Fiduciary Duty
- Hulk Hogan’s Wife Cleared of Breach of Fiduciary Duty
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Breach of Fiduciary Duty
- Why Proving Justifiable Reliance in a New York Fraud Claim Isn't Easy
- When A Whistleblower Can Sue for Wrongful Termination in New York
- One Powerful Way to Defeat a Fraudulent Inducement Claim in New York
- How to Calculate the Statute of Limitations for a New York Breach of Fiduciary Duty Claim
- How Non-Solicitation & Breach of Fiduciary Duty Claims Overlap Under New York Law
Case Results
Non-Compete Agreements
Breach of Contract
- Defense of Over $550,000 in Breach of Contract Claims Against Mortgage Broker Settled for Under $20,000
Awarded: $17,000
Other
- Aiding and Abetting of Fraud Action Against Client Dismissed
- Plaintiffs' Federal Claims for Trespass, Negligence Against Client Dismissed
- $500,000 Judgment Against Developer Reduced by Over 2/3
Awarded: $0 - All Claims Against Our Client Were Dismissed
Awarded: Case Against Client Dismissed
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As featured on:
One Way a Principal Can Be Liable in NY - Without Piercing the Veil
Although, as a general rule, New York law disfavors piercing the corporate veil, as a result of which there are several hurdles that a claimant needs to overcome before being permitted to do so, and hold the principals of the other company personally liable for the claim, there are some circumstances where this rule doesn't apply.
Here's one example: where there is a specific statute providing for the principal's personal liability, such as the The Perishable Agricultural Commodities Act, which states that a trust is formed at the moment the buyer receives the produce and remains in effect until the seller is paid in full.
Importantly, as noted by a New York Federal court in Taylor & Fulton Packing, LLC v. Marco International Foods, LLC, "the standard for a breach of fiduciary duty under PACA is distinct from the standard for piercing the corporate veil ... Under PACA, the question is whether the trustee was 'in a position to control the assets of the PACA trust.' If the trustee 'in any way encumbered the funds or rendered them less freely available to PACA creditors,' then he may be personally liable."
Category: Breach of Fiduciary Duty
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News
- Bank of New York Mellon Faces Lawsuit for Breach of Fiduciary Duty...
Posted on 4/25/2012 - Kenneth Cole Under Investigation for Possible Breach of Fiduciary Duty...
Posted on 4/20/2012 - Investigation of Possible Breach of Fiduciary Duty in CVR Energy...
Posted on 4/12/2012 - Possible Breach of Fiduciary Duty in Sale of General Bearing Corp...
Posted on 2/27/2012 - Investigation of Possible Breach of Fiduciary Duty by Taleo Board...
Posted on 2/27/2012 - Micromet Under Investigation for Possible Breach of Fiduciary Duty...
Posted on 2/7/2012 - Convio, Inc. Under Fire for Possible Breach of Fiduciary Duty...
Posted on 1/30/2012 - Sale of Gotham Bank Possibly a Breach of Fiduciary Duty...
Posted on 1/28/2012
FAQs
Non-Compete Agreements
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Breach of Fiduciary Duty
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Breach of Contract
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