Questions tagged [fiduciary-duties]
22 questions
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Do Trump's lawyers have a fiduciary duty to delay the proceedings?
Trump is currently facing a variety of legal charges. If he is elected to the presidency and takes office, he could order the federal cases against him to be dropped. So it is against Trump's interest for the cases to be decided quickly. (And, aside…
adam.baker
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Do lawyers have to hold disputed funds in trust account pending litigation?
Alice sued Bob and won.
Bob filed an appeal and a motion/application for a stay of the payment he now owed to Alice pending the appeal.
The stay was declined. Alice's lawyer demanded payment into his trust account, and Bob paid. The lawyer then paid…
Greendrake
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Can you have a fiduciary duty to your own business?
If I am the sole member and manager of an LLC, do I have any fiduciary duty to the LLC? Would there be anything legally wrong with my intentionally wasting the company's money or doing something similarly pointless and harmful to the business,…
Someone
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Do universities have a fiduciary duty to provide enough classes for their students?
A college junior, told me that most students at her university are unable to register for classes they need to graduate because there aren't enough classes offered, and because of that huge majority of students cannot graduate their 4-year programs…
Michael
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4
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Can the board of a NH non-profit deny a stockholder a hearing before terminating their membership?
Our board would like to eject a troublesome individual from our club. The individual has requested a formal hearing but, frankly, we're not really inclined to waste our time that way. However, club members are common stock holders and we're not…
3
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Do Directors serving at the pleasure of a specific class of investor owe fiduciary duties to other classes of investors?
Suppose a company has five directors. Two appointed by holders of common stock and three appointed by holders of preferred stock. Do the directors appointed by the preferred stockholders have a fiduciary responsibility to all of the shareholders…
Paul
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The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?
When a complaint is first filed, per case law, courts have a duty to assume each allegation you make on information and belief as long as they are each not contradicting any other statement or other evidence present at the time of filing for the…
kisspuska
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Can a plaintiff in a fiduciary breach of trust sue a particular director instead of the company?
I heard this story from Peter (not actual name):
Peter co-founded a company with John.
John earns 80% of shares while Peter owns 20% of shares.
John being greedy empties all company coffers transfering all assets to another company (his new…
user1034912
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2
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Is this fraud by abuse of position?
An acquaintance of mine is the leaseholder of a flat. The management company for the block has appointed Ms P to be the person specifically responsible for this block. Ms P has awarded a significant part of the maintenance work to Cleaning Ltd…
Paul Johnson
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2
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Therapist violates confidentiality. Any laws applicable?
A friend is doing counseling as a domestic violence victim at a domestic violence aid agency. The therapist recently disclosed her information, including what they have talked about in counseling sessions, to other people in the agency. Being…
Eddie Kal
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Is it lawful for two brothers to work as executives at competing public companies?
Let's say Bruce is CFO at Exxon Mobil and his brother Clark works under the CTO at BP.
Considering possible implications of the fact that these brothers are expected as siblings to have a reasonably close relationship, would this scenario be…
TheEnvironmentalist
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Does a fiduciary have the same or different standard of care toward a "remainderman" as an income beneficiary?
One of my friends is the "remainder(wo)man" of a trust that was worth $1.5 million at the end of 2008 (the last bear market year), and invested in a 60-40 mix of stocks and bonds. Since then, the stock market has roughly quadrupled, and bonds have…
Libra
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Laws About Contributions from Business You Own to 501c(3) You Founded/Work At
I have a US LLC I own, and am interested in beginning a charitable non-profit organization, to operate as a 501 3 (c) that would operate in a tangentially related area. When there is similar overlap and management of a non-profit what enhanced rules…
Skyler
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Fictional fiduciary makes loan against stock
This question is about events in the SF novel Owner's Share by Nathan Lowell. The novel is set in the year 2373. Obviously there is no way to be sure what the law will be at that date, so I am asking what the law for a similar situation would be in…
David Siegel
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Can a social security card be used/required as identification?
A FINRA-regulated institution is restricting my account on suspicion of identity theft and requiring that I give them a copy of my social security card which I of course don't have because what use does it even have? It has no photo or even date of…
JosephCorrectEnglishPronouns
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