Breach of Fiduciary Duty

Anyone in a service industry has had that dreaded feeling.  You see your email or caller identification and realize it is “that” client trying to reach you.  The client I reference is that extremely difficult client that we all have.

The natural inclination for many of us is to not take the call or respond

Although it has been many years since Yogi Berra uttered this famous line, it seems like he must have been thinking about the debate regarding the adoption of a uniform fiduciary duty standard.  All kidding aside, one SEC commissioner recently expressed his doubts regarding the SEC proposing such a rule for those who give retail

A former hedge fund portfolio manager, currently serving five years in prison for insider trading, was a “faithless servant” under New York law.  See Morgan Stanley v. Skowron, 2013 WL 351193, (S.D.N.Y. 12/19/13).  As such, the defendant must repay to his prior firm the entire $31,067,356.76 in compensation he received during the period of

An investor may pursue breach of fiduciary duty and negligence claims against its brokerage firm, stemming from its role in alleged improprieties in the auction rate securities markets.  See Fulton Fin. Advisors, N.A. v. NatCity Invs., Inc., 2013 BL 284965, E.D. Pa., N. 09-4855, 10/15/13.

Auction rate securities – ARS – are a