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Breach of Fiduciary Duty
Breach of Duty
NASD

Robert R. Wahler, Trustee for The Wahler Family Trust, Able LLC, and Westfore Ltd. v. Goldman, Sach & Co.

Published: Apr. 14, 2007 | Result Date: Feb. 7, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 06-00113 Arbitration –  Respondent

Court

Arbitration Forum


Attorneys

Claimant

Paul W. Thomas
(Thomas Law Group PC)

Neda Ataie
(Thomas Law Group PC)


Respondent

Michael J. Lawson

Elizabeth A. Frohlich

Joseph E. Floren
(Morgan, Lewis & Bockius LLP)

Sheila A. Jambekar


Facts

Claimants Robert Wahler, as trustee for The Wahler Family Trust, Able LLC and Westfore Ltd. alleged breach of fiduciary duty, unsuitability, elder abuse and failure to supervise. The claims involved an exchange of claimants' previously owned shares in Sempra Energy for shares in the Goldman Sachs Greene Street 1997 Exchange Fund LP and the Goldman Sachs GS PEP Technology Fund 2000 LP.

Respondent Goldman, Sach & Co. disputed the claims and set forth affirmative defenses.

Damages

Claimant The Wahler Family Trust sought $3,401,408 in compensatory damages. Claimants Able and Westfore sought $4,124,951 in compensatory damages. Claimants also sought damages to cover lost opportunity, punitve damages and pre-award interest, in addition to attorney fees and costs. Respondent sought dismissal of claimants' statement of claim plus costs.

Result

The panel decided the following: 1) Claimants' claims are denied in their entirety; 2) The parties shall bear their respective costs, including attorney fees; 3) All other relief requested and not expressly granted is denied.

Other Information

Respondent move to dismiss the claim, which the panel granted. A Motion for Reconsideration is currently under review in this matter.


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