Areas of focus within litigation.
Fiduciary Breaches Litigation
A fiduciary relationship exists when one party places confidence and trust in another party with that party’s full knowledge. But in order for this duty to be legally enforceable, the relationship must have been created either under the law (statutes, legal proceedings or contracts) or through the factual circumstances of the relationship. The duty of care requires fiduciaries to be aware of what is going on and to make informed decisions. The duty of loyalty mandates that the entity’s best interest take precedence over any personal interest. Our attorneys can help determine the scope of the relationship and whether any of these duties were breached within the scope of the relationship.
Some breaches of fiduciary duty include:
- Breach of business contracts
- Shareholder oppression and LLC member oppression
- Breach of the covenant of good faith and fair dealing’
- Malicious suppression of dividends
- Usurpation of corporate opportunities
- Misappropriation of funds and assets
- Willful misconduct and gross negligence