Litigating Breach of Fiduciary Duty Claims Regarding Closely Held Entities

A live 90-minute CLE video webinar with interactive Q&A


Thursday, October 14, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 24, 2021

or call 1-800-926-7926

This CLE course will provide litigators with a general review of business-related fiduciary duty claims, how the context of a closely held business may change how those claims are pursued and defended, and steps that will increase the chance of winning at or before trial.

Description

Breach of fiduciary duty claims permeate business litigation. Plaintiffs bring these claims because they have fewer elements than fraud claims, which require proof of knowledge and intent.

Claims range from blatant (theft of funds) to the nuanced (corporate opportunity). Plaintiffs can be shareholders, partners, or creditors. Defendants can be officers, directors, or controlling shareholders.

Disputes about closely held businesses may change some aspects of fiduciary duty litigation. Although fiduciary duty claims are usually subject to time-consuming derivative action demand requirements, plaintiffs can argue that those requirements do not apply. Defendants may benefit from the proximity of the complaining parties to the challenged acts.

Listen as our panel of experienced corporate fiduciary duty trial lawyers goes beyond a mere recitation of the elements of these claims by identifying the evidence needed to win. Learn about developments regarding the business judgment rule and how defendants can use those developments to achieve summary judgment.

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Outline

  1. Parties
    1. When can a creditor sue
    2. When can a controlling shareholder be sued
  2. Factual bases of claims
  3. Business judgment rule and other defenses
  4. Applicability of derivative action demand procedures
  5. Other differences in closely held context

Benefits

The panel will review these and other critical issues:

  • Who may bring a claim for breach of corporate fiduciary duty?
  • Who may be sued for breach of corporate fiduciary duty?
  • What are the relative strengths of the various factual bases of breach of corporate fiduciary duty claims?
  • What is different about these claims when brought in the context of closely held entities?
  • How to argue corporate fiduciary duty claims and defenses to juries

Faculty

Sullivan, Christopher
Christopher D. Sullivan

Partner
Diamond McCarthy

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

Taylor, Eric
Eric Jon Taylor

Partner
Hunton Andrews Kurth

Mr. Taylor's practice focuses on complex litigation, internal investigations, and trial work. He has broad...  |  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

Attend on October 14

Early Discount (through 09/24/21)

Cannot Attend October 14?

Early Discount (through 09/24/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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