How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36462
Experience:  25 years of experience helping people like you.
Type Your Business Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

what are legal remedies for unjust and willfull misconduct

Resolved Question:

what are legal remedies for unjust and willfull misconduct of chairman of board...
Submitted: 4 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,


Thank you for your question. I am happy to assist you.

The Chairman of the Board would be in breach of his fiduciary duty in would be subject to actual and punitive damages.

The Chairman of the Board has a fiduciary duty to the corporation and shareholders. One of those duties is to act in the best interest of all community members. Unjust and willfull misconduct would be a breach of their fiduciary duty.
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36462
Experience: 25 years of experience helping people like you.
FiveStarLaw and 6 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
You are kind and swift...we are awaiting the results of arbitration about a dilution dispute...while going through that exercise we unearthed information that indicates that the vc firm who is now the chairman of our privately held company knowingly planned to "snooker" us the the major investors and founders with dilutions. he himself is a lawyer and his lawyer left out language in the agreement that would have made processes for these dilutions....he and his lawyer were absent at the proceedings....we believe they would of had to purjure themselves otherwise. Inititially we took a tactical approach to the arbitration which was still favorable to us...however--of two nights of no sleep we awoke with an ah ha understanding of all the unseemly transgressions. How long does would it take to prove willful misconduct or gross neglect...I am happy to pay for your kind attentions...knowing you are without full perspective...xo M
Expert:  FiveStarLaw replied 4 years ago.

Thank you very much. Although I am without full perspective of the intricacies involved in your situation, it is impossible to state how long it will take to prove willful misconduct or gross negligence. It is entirely dependent upon the amount of time and money both parties are willing to invest in the litigation.
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36462
Experience: 25 years of experience helping people like you.
FiveStarLaw and 6 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Good Morning FlaandNYLawyer...

Another sleepless night...My question was stupid...may I have a "do over"...of course I would intend to remunerate you.

the question should have been what is required to prove willful misconduct...if his attempt from the the get go was to put in or take out things in a contract that would allow him to dilute us easily....what are other examples. if i were you i would be wondering...where was their lawyer....unclear is the answer, we believe our lawyer was not our lawyer but in fact.....relating info to the vc fund in order to complete the deal....after the fact he wanted us to sign a backdated contract say he was our lawyer from some post date of the signing of the operating agreement.

its freezing here...send up some vitamin d!!!!
Expert:  FiveStarLaw replied 4 years ago.
Hello,


Thank you for your follow up question.I was off-line when you responded.

Willful misconduct does not have any precise definition because its meaning largely depends on the context in which it appears. Generally it means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions