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Articles Posted in Breach of Fiduciary Duty

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Pharmaceutical Company Did Not Violate Securities Act During Stock Buyback

AbbVie, a pharmaceutical company headquartered in Illinois, was sued by a trading firm after it conducted a Dutch auction to determine the price for its tender offer to repurchase shares of its own stock. Shareholders participated in the auction, offering to sell their stock back to AbbVie, and the lowest…

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Railroad Operator Loses on Appeal Because It Failed to Properly Present Arguments

A railroad switch carrier sued a railroad operator alleging that the operator took advantage of its position as a majority shareholder in a joint venture to force the joint venture company to agree to a contract with atrocious and unfair terms. The switch carrier alleged that the contract forced the…

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Family’s Legal Dispute Over Inherited Restaurant Chain Finally Ends

Gary Ganzi and his sister, Claire Ganzi Breen, sued their cousins back in 2012 for allegedly cheating them out of millions of dollars in royalties over the course of more than 40 years. A state court judge in Manhattan sided with the Ganzi siblings, saying the actions of the defendants,…

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Streamline Boats’s Business Partner Allegedly Defrauded Investors

If someone is accused of defrauding investors in one city, does that mean that person can’t do business with another company in another city? Especially before the allegations of fraud have been determined by a court of law? That’s the question James “Woody” Dillard’s attorneys and business partners are asking…

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Bianca de la Garza Received Millions in Gifts Paid for with Allegedly Stolen Money – Now She’s Being Sued

Last fall, Alden Shoe Co. realized its CFO had allegedly been embezzling millions of corporate funds and transferring them to his own, personal accounts. More than half of what he allegedly stole from the shoe company he is claimed to have used to pay for gifts he gave to Bianca…

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Illinois Appellate Court Affirms Dismissal of Breach of Fiduciary Duty Claims against Independent Auditor

When a corporation hires an independent auditor to inspect its financials does that auditor owe fiduciary duties to its client? If no fiduciary duties exist as a matter of law, do they arise by virtue of a “special relationship” between the parties? In a matter of first impression, an Illinois…

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Illinois Appellate Court Reverses Dismissal of Breach of Fiduciary Duty Lawsuit in Which Employee Has Significant Fiduciary Responsibilities

The Illinois Appellate Court found that a marketing company adequately pleaded a claim for breach of fiduciary duty against one of the former founders of the company who left to work for a competitor. James P. Keane Sr. was one of the founders of Advantage Marketing Group Inc. and owned…

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Shareholder 101: A Failure to Disclose Can Become Subject to a Lawsuit

The primary laws that govern the disclosures to shareholders and the marketplace include the Securities Act of 1933 and the Securities Exchange Act of 1934 and the rules adopted by the Securities and Exchange Commission (the “SEC”).  These laws have come subject to scrutiny in the Camping World Holdings, Inc.…

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Realtors Allegedly Failed to Disclose Conflict of Interest — Chicago Breach of Fiduciary Duty and Real-Estate Litigation Lawyers

We all know the basic concept of supply and demand. When supply is low and demand is high, prices tend to go up. When this happens with houses, realtors refer to it as a “seller’s market,” but what if it’s really a “realtor’s market?” That allegation is at the heart…

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At the Heart of CBS’s Civil War Is the Question of Shareholder’s Rights — Chicago Corporate Freeze-Out and Squeeze-Out Lawyers

The past few years of Shari Redstone’s life sound like something taken directly from a soap opera after her aging father, Sumner Redstone, fell ill and required a full-time nurse to take care of him. You probably know Sumner Redstone as the media mogul who ran the National Amusements theater…

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