The Most Important Elements in a Breach of Fiduciary Duty Claim
How to Prove Breach of Fiduciary Duty to Recover the Damages You Suffered When a person owes a fiduciary duty to another person or entity, they have the responsibility to act in the best interest of the other party. A fiduciary duty is the highest standard of care you can ensure to another person. Oftentimes, […]
Establishing a Fiduciary Relationship
Not everyone has the ability or desire to act on their behalf in every matter. For example, if one is selling a home, they may not know the real estate market or how to publicize the listing. People may not know how to manage their money and select investments from the large universe of financial […]
When Is Self-Dealing a Breach Of Fiduciary Duty?
Fiduciaries occupy an extremely important position. Someone else relies on them to manage and administer a valuable asset in which the beneficiary has a stake. A fiduciary’s actions can have a direct financial impact on a beneficiary. If fiduciaries make a mistake or are derelict in their duties, they can cause large financial losses. Those […]
What Is the Misappropriation of Trust Funds?
People establish trust for a number of reasons. One of the reasons for trust is to take care of loved ones. They may want their assets to easily pass to family members without the need for probate. The trust might provide for a specific family member who has a disability. Trusts can also provide tax […]
What Is a Non-Compete Agreement?
A non-compete agreement is a common contract between businesses and their employees, also called a covenant not to compete. These contracts prevent employees from leaving their employment and using their skills and knowledge to compete in the same market as their former employer. When a company has non-competes in place and a former employee breaches […]
How Does Illinois Freedom to Work Act Affect Employers?
After the Illinois Freedom to Work Act (IFWA) went into effect, every employer in the state should know this law’s wide-ranging requirements. The Act focuses on the ability of employers to enforce restrictive covenants with employees, including non-compete and non-solicitation agreements. Many employers across a wide range of industries have been implementing restrictive covenants with employees for […]
What Is a Breach of Contract?
What Is a Breach of Contract? Contracts are legally binding agreements that hold all parties to their promises. A breach of contract occurs when the terms of that agreement are not followed. Before you can bring a breach of contract claim, a valid contract must exist. The general elements of a valid contract are the following: […]
Shareholder Disputes and How to Avoid Them
Shareholder Disputes and How to Avoid Them A shareholder disagreement can be uncomfortable for all parties involved. Even worse, it can stir up dissent and conflict within the upper echelon of an organization. Fortunately, while it is impossible to protect your company from disputes entirely, it is possible to reduce their likelihood. Understanding what causes […]
How Do You Resolve Trust Disputes?
Learning that you have been named a beneficiary in a trust is usually a welcome surprise that can change the quality of your life and the life of your children and grandchildren. However, trust disputes can turn the experience into an agonizing feud between the other beneficiaries, who are often close family. We explore the […]
Arbitration Lawyers and the Purposes They Serve
Arbitration Lawyers and the Purposes They Serve Arbitration is a popular dispute resolution method that provides businesses an alternative to litigation. When someone signs a contract with an arbitration clause, the parties agree to arbitration. Alternatively, parties can voluntarily choose an arbitration hearing to resolve their dispute. While most arbitrations do not require parties to […]
