Effective Strategies in Litigating Fiduciary Duty Claims: What You Need to Know
In today’s business landscape, claims involving a breach of fiduciary duty prevails as one of the most crucial risks facing companies worldwide as they continuously permeate the business litigation landscape.
With the recent court decision in Milligan v. Salamone, defense lawyers are reminded that they might also incite exposure to significant liability if they lose focus of their respective allegiances. It is, therefore, essential for companies and attorneys to understand recent trends in fiduciary duty liability to devise effective litigation strategies.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the fundamentals as well as recent developments in litigating fiduciary duty claims. Speakers will also present the key takeaways from notable cases and offer effective strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Some of the major topics that will be covered in this course are:
- Recent Developments in Fiduciary Duty Litigation
- Notable Cases and Critical Issues
- Common Risk and Pitfalls
- Practical Litigation Tips and Strategies
- What Lies Ahead
Mitchell Edwards, Partner
Hinckley, Allen & Snyder LLP
- Important Questions to Ask When a Breach of Fiduciary Duty Claim Arises
- Types of Fiduciary Duties
- Context in Which Duties Arise
- Fiduciary Duties – Partnerships
- Lessons from Milligan v. Salamone
Emily Kelley, Attorney
Richards Kibbe & Orbe LLP
- Addressing fiduciary duty claims in the context of shareholder derivative actions
- Understanding the benefits of, and differences between, appointment of a demand committee or a special litigation committee to investigate allegations of breaches of fiduciary duties
- Recent developments in shareholder derivative litigation in the context of the #MeToo movement
Nancy Durand, Senior Associate
Spolzino Smith Buss & Jacobs LLP
- The fiduciary obligations of directors of non-profit corporations;
- Certain exceptions to the limitation of liability afforded to directors of nonprofits; and
- Best practices for nonprofit board governance based on lessons learned from recent breach of fiduciary duty cases.
Who Should Attend:
- Business Lawyers
- In-house Counsel
Mitchell is a problem solver. Whether you are dealing with a complicated commercial litigation matter or trying to avoid one from being filed, Mitchell’s practice and substantial experience can help your most significant matters. He represents manufacturers and distributors in product liability and toxic tort actions. Mitchell also represents financial institutions, health care providers, energy companies, and real estate interests. He recently obtained a significant arbitration award in a partnership dispute involving allegations of breaches of fiduciary duties. He represents clients in class action lawsuits and breach of contract actions, as well as claims involving fraud, fiduciary duties, and other tort claims. He also successfully obtained political asylum for a Tibetan monk.
Mitchell is a problem solver. Whether you are dealing with a complicated commercial litigation matter or trying to avoid one …
Emily Kelley is a litigation associate in Richards Kibbe & Orbe LLP’s Washington, D.C. office. Her practice focuses on complex civil litigation and securities enforcement and litigation. Ms. Kelley has represented public companies, venture capital firms and individuals in all phases of civil litigation, including in disputes concerning corporate governance, fiduciary duties and fraud. Ms. Kelley has experience in investigations, voluntary disclosures and settlement negotiations before enforcement agencies including the Department of Justice and the Securities and Exchange Commission. She earned her J.D. from the University of Virginia School of Law. Ms. Kelley has been named a SuperLawyers Rising Star for General Litigation in Washington D.C. since 2017, and has been named to the 2016 and 2018 Capital Pro Bono High Honor Roll.
Emily Kelley is a litigation associate in Richards Kibbe & Orbe LLP’s Washington, D.C. office. Her practice focuses on complex …
Nancy Durand is a senior attorney with Spolzino Smith Buss & Jacobs, LLP, a multidisciplinary law firm based in White Plains, New York. Ms. Durand focuses her practice in the areas of litigation and appeals, corporate governance, and risk management. She also supervises the firm’s appellate practice, which is led by Robert A. Spolzino, a former Justice of the New York State Supreme Court and former Justice of the Appellate Division, New York’s intermediate appellate court.
In her corporate governance practice, Ms. Durand advises boards of directors regarding a broad range of issues, including directors’ fiduciary responsibilities, board and committee composition, senior executive succession planning, and best practices. She develops and conducts board training programs for her clients, and assists clients to develop and implement policies, procedures and processes for the operation of their business or programs. Ms. Durand also serves as external general counsel to several businesses and non-profit corporations. As general counsel, Ms. Durand partners with clients regarding their business or program initiatives to mitigate legal risks and ensure compliance with applicable laws.
Nancy Durand is a senior attorney with Spolzino Smith Buss & Jacobs, LLP, a multidisciplinary law firm based in White …
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Method of Presentation:
General knowledge of corporate law
NY Category of CLE Credit:
Areas of Professional Practice
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About Hinckley, Allen & Snyder LLP
Hinckley Allen is a multiservice law firm offering a full range of legal services and pragmatic business advice to regional, national and international clients, with practices including Construction, Corporate, Litigation, Real Estate, and Trusts & Estates. With our longstanding reputation for creating lasting, meaningful business relationships, we are more than just a law firm. We are a law firm that truly and fully engages with our clients.
About Richards Kibbe & Orbe LLP
Richards Kibbe & Orbe LLP is a dynamic and entrepreneurial firm with deep experience and relationships in the financial markets and the business community. RK&O conducts a highly collaborative practice through approximately 60 lawyers based in New York, Washington, D.C. and London. We routinely represent financial institutions and investment funds in high-value corporate transactions and complex litigation matters. RK&O’s key attribute is the ability to find thoughtful, creative solutions to the hardest legal problems, in a manner carefully tailored to our clients’ objectives. We provide precisely the technically excellent, informed and efficient service we would want to receive as a client.
About Spolzino Smith Buss & Jacobs LLP
Spolzino Smith Buss & Jacobs LLP (“SSBJ”) is a full-service multidisciplinary law firm with offices in White Plains, Yonkers, Manhattan and Garden City, New York. SSBJ combines superlative legal service with a practical approach to deliver real-world solutions that ensure client value. SSBJ’s attorneys, many of whom are veterans of large multinational law firms, deliver enhanced expertise across a broad range of legal services within the following practice areas: Corporate, Employment, Litigation & Appeals, Bankruptcy, Local Government, Education, Real Estate & Land Use, Coops & Condos, and Nonprofit Organizations. SSBJ is one of the leading municipal law firms in the State of New York and is the preeminent law firm in the area of community association law, representing over 300 condominiums, cooperatives and homeowners’ associations in the New York metropolitan area, including the largest affordable housing corporation in the United States.