Estate and Trust Fiduciary Litigation: Minimizing and Defending Breach of Duty Claims
Navigating Causes of Action; Leveraging Waivers, Investment Duty Exceptions, Standing and In Terrorem Clauses
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to estate planning counsel on minimizing and defending breach of fiduciary duty claims when administering trusts and estates. The experienced panelists will discuss the most contentious breach of duty claims and effective defenses and techniques to reduce the possibility of a lawsuit.
- Causes of action for breach of fiduciary duty
- Mishandling of trust and estate assets
- Failure to fund and make distributions
- Tax offenses
- Waivers/exculpatory clauses
- Family investment exception
- Bifurcated fiduciaries
- In terrorem clauses
- Risk management/preventive planning
The panel will review these and other key issues:
- What causes of action are pursued for alleged breach of fiduciary duty?
- What defense techniques should be used to combat allegations of violation of breach of fiduciary duty?
- When a breach is found, how can fiduciaries curtail harsh penalties?
- What preventive planning should be implemented to avoid claims of breach of fiduciary duty?
Martin S. Fallon
Mr. Fallon is a partner in the firm's Litigation Group and has experience in the areas of commercial litigation,... | Read More
Mr. Fallon is a partner in the firm's Litigation Group and has experience in the areas of commercial litigation, contract disputes, construction litigation, shareholder disputes, unfair competition, and real estate litigation. He represents businesses and individuals in complex commercial disputes in federal and state courts and in arbitration hearings. Mr. Fallon is a frequent speaker on trust and estate disputes.Close
Angelo Michael Grasso
Greenfield Stein & Senior
Mr. Grasso specializes in trusts and estates related litigation. He has been involved in numerous Surrogate’s and... | Read More
Mr. Grasso specializes in trusts and estates related litigation. He has been involved in numerous Surrogate’s and New York Supreme Court proceedings and trials in myriad areas related to estates, including defending and probating wills, objections to accountings, recovering assets wrongfully withheld from trusts and estates, and removing fiduciaries. He has served as lead counsel on trials before the Surrogate’s and Supreme Court and on appeals to the Appellate Division.Close
Anthony R. La Ratta
Archer & Greiner
Mr. La Ratta concentrates his practice in the area of commercial litigation, with an emphasis in litigation... | Read More
Mr. La Ratta concentrates his practice in the area of commercial litigation, with an emphasis in litigation involving probate matters, estates, trusts, guardianships, and fiduciaries. He has represented institutions and individuals in a variety of contexts, including banks, corporate fiduciaries, executors, trustees, beneficiaries of estates and trusts, incapacitated persons, surviving spouses, and intestate heirs. Mr. La Ratta is Chair of the ABA Section of Real Property, Trust and Estate Law, Probate and Fiduciary Litigation Committee.Close