Fiduciary Duty Litigation in Business Disputes: Identifying Causes of Action, Key Defenses, Remedies and Proof

Litigation Strategies and Perspectives of Plaintiffs and Defendants

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

Conducted on Tuesday, May 23, 2017
Recorded event now available

This CLE webinar will provide commercial business litigators with a game plan when litigating breach of fiduciary duties claims, focusing on areas of particular concern such as causes of action, defenses, remedies and proof. The program will discuss litigation strategies from the perspective of both plaintiffs and defendants.


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 involved 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.


  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


The panel will review these and other key issues:

  • What are the most common theories supporting a claim for breach of fiduciary duties?
  • What key affirmative defenses should defendants consider?


Aaron Chausmer, Senior Counsel
Hecht Walker, Atlanta

Mr. Chausmer has 18 years of experience and a strong background in commercial and business litigation matters. His focus areas include competition-based matters, commercial and contract disputes, corporate governance and internal business affairs, strategic planning and litigation avoidance, and labor and employment matters. Additionally, he brings significant experience in litigating and drafting restrictive covenant and employment agreements.

Ian M. Williamson
Mantese Honigman, Troy, Mich.

Mr. Williamson concentrates his litigation practice on commercial and shareholder disputes. He has litigated numerous cases involving shareholder disputes; breaches of statutory and common law fiduciary duties; usurpation of corporate opportunities; unfair and oppressive conduct by those in control of business entities; medical practice breakups; alleged violations of non-compete and non-solicitation agreements; and various business torts. He also advises clients on business entity formation and maintenance, and drafts agreements among shareholders, members, or partners that clarify and preserve the parties' rights and responsibilities with respect to their ownership interests. He has published several articles on fiduciary duty litigation in business disputes.


CLE On-Demand - Streaming Video

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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Litigation Advisory Board

David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

Jonathan Evan Goldberg



Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


Mayer Brown

Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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