Downey & Associates Logo

To answer that questions, one only needs to look at real-life examples of the business world. Right here in Denver parent company of the Denver Post, MediaNews Group, put its neck out there and voiced its outright opposition to Randstad North America Inc.’s $429 million purchase of Monster Worldwide Inc.

MediaNews’s Senior Vice President Joe Anto wrote a letter to Monster stating that Randstad’s $429 million offer for the company was too low. MediaNews owns approximately 11.6 percent of Monster’s stock. Additionally, Anto claimed Randstad’s “$3.40 per share deal would represent the textbook definition of selling at the bottom.”

Additional Transaction Details and Allegations of the Monster Acquisition

business meeting

The following transaction details and allegations of the acquisition of Monster by Randstad were collected from media reports:1

When is it Appropriate to Sue a Board of Directors?

Obviously, board of directors of any company wield quite a bit of authority over the company operations, and they are beholden to shareholders. Shareholders represent partial ownership stake in those companies, and when the board of directors makes poor business decisions the shareholders have every right to display their disdain and possibly even take legal action to correct any infraction.

Here is a list of fiduciary duties that boards of directors are typically subject to:

Contact a Denver Business Attorney at Downey & Associates, PC

Has your board of directors taken an action that either profited its members or unknowingly hurt the bottom line of your company or corporation? If so, you can count on a Denver Business Attorney with Downey & Associates, PC. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been exhibited exceptional legal representation for their clients in all manner of business-related matters, including contract negotiations, workplace accidents, and corporate conflicts.

For a free, no-hassle consultation about our legal services, please call our Denver business attorney today at (303) 647-9399 or by emailing us using the contact form on this page.

From our law offices in Englewood, we serve clients throughout Colorado and the U.S.

___________________________________________________

1“Denver Post parent company vehemently opposes Randstad’s purchase of Monster” published in Denver Business Journal, Sept. 2016.

Zillow is set to pay $130 million in one of the most contentious online real estate cases in history. Zillow has agreed to settle with Move, which operates Realtor.com for the National Association of Realtors (NAR), according to a Securities and Exchange Commission filing.

As the settlement agreement explains:

It is understood and agreed that this is a compromise settlement of disputed claims and counterclaims and potential disputed claims and counterclaims... This settlement agreement is solely the result of a good faith compromise and settlement between the parties. Nothing contained herein is or is to be construed as an admission by any of the parties of liability, wrongdoing, or responsibility, and the parties deny any such liability or wrongdoing and continue to disclaim such responsibility.

A Look at the Allegations & Details of the Case 

trade secrets notebook

The following details were gathered from news reports and the Securities and Exchange Commission filing:¹

“We are pleased to have reached an amicable resolution of this litigation,” Move said in a statement. “We look forward to putting the matter to rest and returning our full focus to simplifying the real estate process for consumers and the real estate professionals who serve them.”

Contact a Denver Real Estate Attorney at Downey & Associates, PC

If you have a real estate deal that needs legal representation or you have a business dealing that needs litigation, you can count on Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their real estate legal issues, litigation, and property taxes.

Our dedication to our clients, coupled with our extensive experience handling complex real estate matters, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

________________________________________________________________________

1“Zillow to pay $130M to settle lawsuit with Move over alleged trade secret theft” published in Housingwire, June 2016.

Fiduciaries, such as attorneys, accountants and even trustees, generally have a financial and/or legal obligation to some other individual or party. When fiduciaries fail to live up to their obligations in this role, they can be sued for breach of fiduciary duties, making them potentially liable for paying a significant amount of damages.

Whether you are a fiduciary or someone who has a relationship with a fiduciary, below are some important facts you should know about breach of fiduciary duties.

Here’s What You Should Know about Breach of Fiduciary Duties

1 – Intent is not necessary to establish a breach of fiduciary duties.

Fiduciaries and those they serve should know these important facts about breach of fiduciary duties, a Denver business lawyer explains.

Fiduciaries and those they serve should know these important facts about breach of fiduciary duties, a Denver business lawyer explains.

In other words, fiduciaries can be held liable for unintentional mistakes, as well as intended breaches of duties. Some of the more common examples of the mistakes that can lead to allegations of breach of fiduciary duties include (but are by no means limited to):

2 – There are generally 4 things that need to be proved to establish a breach of fiduciary duties.

When allegations of breach of fiduciary duty arise, the following will need to be established in order to prove that a breach of these duties has actually occurred (and, in turn, to win a breach of fiduciary lawsuit):

  1. There was a fiduciary relationship in place.
  2. The fiduciary failed live up to his or her legal and ethical obligations.
  3. The person who is suing (i.e., the plaintiff) was entitled to the fiduciary duties in question.
  4. The breach of fiduciary duties caused the plaintiff some damage or harm.

3 – There are viable defenses to allegations of a breach of fiduciary duties.

While allegations of breach of fiduciary duties can arise for various reasons, there can be a number of legitimate defenses against these allegations. In particular, just some possible defense arguments can include that:

Contact an Experienced Denver Business Lawyer at Downey & Associates, PC

If you believe a fiduciary has breached his or her duties with you – or if you are a fiduciary who has been accused of breaching your duties, contact Denver Business Lawyer Thomas E. Downey for help protecting your rights and interests. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation and other legal issues.

To learn more about your rights and options, as well as our various services, contact our firm today by calling (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

303-647-9399
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram