California Employment Law Update

Tag Archives: Fiduciary Duty

Investor Permitted To Proceed With Breach Of Fiduciary Duty Claim Against NY Life

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr. 3d 1 (Cal. Ct. App. 2009) Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged … Continue Reading

Employer That Failed To Make Directed Changes In 401(k) Plan May Be Liable To Employee

LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. 248, 128 S. Ct. 1020 (2008) James LaRue directed DeWolff, his former employer, to make certain changes to the investments in his individual 401(k) account, but DeWolff failed to effect those changes as directed. LaRue alleged that DeWolff breached its fiduciary duty to him under ERISA … Continue Reading

Former Employees Were Properly Enjoined From Destroying Misappropriated Computer Files

Dodge, Warren & Peters Ins. Serv., Inc. v. Riley, 105 Cal. App. 4th 1414 (2003) James W. Riley and several of his co-workers were terminated from Dodge, an insurance brokerage firm, after Dodge learned of their intention to obtain copies of documents maintained in Dodge’s files and computer storage media before opening their own competing … Continue Reading
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