Fiduciary Duty, Actual Damages

Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation

McDermott Will & Emery on 3/17/2022

The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more

OnPoint: Federal Court Issues Trial Ruling in Section 36(b) Lawsuit: Great-West Advisory Fees Held Not a Breach of Fiduciary Duty

Dechert LLP on 8/20/2020

The U.S. District Court for the District of Colorado on August 7, 2020 issued its post-trial findings of fact and conclusions of law in Obeslo v. Great-West Capital Management, LLC et al. The ruling comes at the tail end of a...more

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

Carlton Fields on 12/13/2019

Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Court Affirmed Finding That An Oral Partnership Existed And That A Partner Breached Fiduciary Duties

Winstead PC on 2/12/2018

In Harun v. Rashid, two individuals started a restaurant business; one operated the business and the other financed it. No. 05-16-00584-CV, 2018 Tex. App. LEXIS 231 (Tex. App.—Dallas January 9, 2018, no pet. history)....more

Court Rules in Favor of Investment Adviser after Trial in Section 36(b) Excessive Fee Case

Goodwin on 8/29/2016

In a case closely watched by the mutual fund industry, the federal district court in New Jersey ruled on Thursday in favor of a mutual fund’s investment adviser and against the shareholders who had brought the lawsuit under...more

Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting...

Winstead PC on 4/14/2016

In Davis v. White, a lawyer sued his former partner over the application of a receivable. No. 02-13-00191-CV, 2016 Tex. App. LEXIS 3075 (Tex. App.—Fort Worth March 24, 2016, no pet. history). A jury awarded the plaintiff over...more