Withers Worldwide

Claims of breach of fiduciary duty are becoming far more common and can be potentially devastating to the target, even if entirely undeserved. These lawsuits often put the entire career of an honest advisor in jeopardy. Conversely, victims of faithless fiduciaries are equally devastated. Their assets and ownership rights have been imperiled, and in some instances they have been outright fleeced, often to the tune of millions of dollars' by the very persons they relied on and thought they could trust. The stakes are high on both sides of the issue and claims are now made against almost anybody, in almost any context, including:

• Trustees and executors
• Trust advisers
• Agents
• Joint venture and business partners
• Officers, directors, managing members, and employees of business entities and family offices
• Controlling shareholders, and shareholders of closely-held corporations
• Professionals
• Homeowners associations
• Sometimes even spouses

We advise on:

• Claims of breach of fiduciary duty, self-dealing, conflicts of interest, and constructive fraud
• Litigating claims for and against estates, including prudent investor issues, fiduciary removal issues, trust issues, will contests and issues relating to disputed assets, including securities, real estate and non-traditional assets
• Risk audits and risk assessments
• Proper exercise of a fiduciary's powers and discretion with respect to entrusted assets
• Duties of officers, directors, and employees of for-profit and not-for-profit entities and charitable foundations
• Best practices and precedents.