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Fiduciary Duties in Closely Held Entities: Litigation Strategies for Plaintiffs and Defendants in Business Disputes

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 5, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide commercial business litigators with a game plan when litigating breach of fiduciary duties claims, focusing on causes of action, defenses, remedies, and proof. The program will discuss litigation strategies from the perspectives of plaintiffs and defendants.

Description

Breach of fiduciary duty is a broad concept that may arise in many different business situations, including shareholder disputes, partnership disputes, director and officer liability, and fraud.

Common theories include self-dealing or conflict of interest, misappropriation of corporate funds or property, corporate neglect, misrepresentation or omission as to a statement of fact, misuse of confidential information or breach of confidentiality, and corporate aiding and abetting.

To reach a successful outcome for your client, counsel must understand how to navigate the complex decisions in fiduciary duty litigation, such as the scope of the fiduciary relationship and proof of fiduciary relationship.

Listen as our authoritative panel of litigators reviews the most recurring legal bases for commercial business lawsuits alleging breach of fiduciary duty, key defenses, available remedies, and proof requirements. The panel will present litigation strategies for both plaintiffs and defendants.

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Outline

  1. Causes of action
    1. Corporate governance
    2. Different entities
    3. Employment
  2. Key defenses
    1. Corporate
    2. Employment
  3. Proving the relationship
  4. Remedies
    1. Compensatory
    2. Injunctive
  5. Litigation strategies
    1. Plaintiffs
    2. Defendants

Benefits

The panel will review these and other critical issues:

  • What are the most common theories supporting a claim for breach of fiduciary duty?
  • What affirmative defenses should defendants consider?
  • What remedies are available?
  • What are the proof requirements?
  • Who may bring a claim for breach of corporate fiduciary duty?
  • Who may be sued for breach of corporate fiduciary duty?
  • What is different about these claims when brought in the context of closely held entities?
  • What is most effective for arguing corporate fiduciary duty claims and defenses to juries?

Faculty

Sullivan, Christopher
Christopher D. Sullivan

Partner
Sullivan Pratt

Mr. Sullivan has successfully represented a wide variety of clients in major litigation, including both plaintiffs in...  |  Read More

Webb, William
William T. Webb

Founding Partner
Webb Legal Group

Mr. Webb has developed a commercial practice, advising businesses in transactional matters, including contracts,...  |  Read More

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