Can I Sue a Family Member for Breach of Fiduciary Duty?
The law does not consider family members as one legal unit. Each member of a family may have different roles and responsibilities. They may also have quite different financial interests. In numerous situations, family members assume responsibility for certain decisions. When they do, or if they have another role where their choices and actions can […]
How Can You Prove a Breach of Fiduciary Duty?
Alleging that someone breached their fiduciary duty is a severe charge. Essentially, you are contending that someone violated the trust that you placed in them. The law takes fiduciary duties very seriously. Although it is not always easy to prove your case, the defendant can be personally responsible for damages if you are successful. You […]
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 […]
Partnership Litigation: Can You Sue Your Business Partner?
Partnership Litigation: Can You Sue Your Business Partner? When business partnerships dissolve, the idea of partnership litigation can be intimidating. You may wonder what the quickest and cleanest way is to resolve your company’s issue. Certain situations are more likely to lead to partnership litigation. Learn what to do when your business is facing litigation. […]
What Is a Breach of Fiduciary Duty? Definition and Examples
What Is a Breach of Fiduciary Duty? Definition and Examples A fiduciary relationship exists when one party is entrusted to act only for the interests of the other. We see fiduciary relationships every day: agent to principal representations, lawyer to client representations, and board of directors to the shareholders of a corporation. Generally, there are […]
The Difference Between Negligence and Breach of Fiduciary Duty
The Difference Between Negligence and Breach of Fiduciary Duty When someone with a legal obligation to act in your best interest fails to do so, they can be guilty of negligence or a breach of fiduciary duty. Although, in some ways, the two claims may be similar, understanding the distinctions between the two is important […]
How Breach of Fiduciary Duty Impacts Shareholder Disputes
How A Breach of Fiduciary Duty Impacts Business Owners, Members, and Shareholders When there are multiple owners of a company, disputes are more likely to happen, particularly in a closely held (i.e., smaller) company where the owners also manage the day-to-day activities of the business. When disputes arise, it can have devastating effects on the […]