Legal Question in Business Law in California

Re: Confidentiality

From the facts that you have presented you possibly have a cause of action. However, I need to review the PPM. Please contact my office.

Re: Confidentiality

There are numerous bases for violation of agency, breaches of contract, conflict of interest, breaches of confidentiality and numerous other kinds of claims that you may have in this situation. Your fax or not sufficient for me to totally advise you. This is likewise a breach of potential securities laws as well as potential breaches of fiduciary duty. You should do nothing before you see an attorney who has litigation experience in this area. There are numerous questions I have which would need answering before I could properly advise you on what if any claims you may have in what if any damages you may have because of the actions of the agent. I would advise you see an attorney immediately. Additionally, I am concerned that the agent still has the authority to deal with your ppm in a manner which is not your best interest. If you wish to consult with me I am in the San Francisco Bay Area 925 -- 945 -- 6000

Re: Confidentiality

I would say that it depends upon the exact nature of the relationship(s) between the parties. Not everyone to whom a fund-raising document is delivered is obliged to keep it secret, and this includes persons who are licensed as broker-dealers. However, in many instances a fiduciary relationship may exist, or an understanding that the PPM was confidential which would be sufficient to impose laibility for breach, and in some but not all situations the broker/dealer would be subject to discpline.

In general, and subject to many exceptions and techicalities, in order to recover damages you would have to show that you suffered actual financial harm and that the harm was caused by the breach of a duty owed to you.