Litigating Breach of Fiduciary Duty Claims Regarding Closely Held Entities
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Parties
- When can a creditor sue
- When can a controlling shareholder be sued
- Factual bases of claims
- Business judgment rule and other defenses
- Applicability of derivative action demand procedures
- 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
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
Mr. Sullivan has successfully represented a wide variety of clients in major litigation, including both plaintiffs in business litigation and large corporate defendants. He has represented bankruptcy estates and unsecured creditors’ committees, major corporations (American Honda, American Express, and Southland, the 7-11 franchisor), real estate developers, a financial institution, and a famous underwater photographer. Mr. Sullivan represents individuals and smaller businesses against large corporations.
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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
Mr. Taylor's practice focuses on complex litigation, internal investigations, and trial work. He has broad experience, both from working as lead trial counsel in many high profile cases and as in-house chief litigation counsel for the US subsidiary of a Fortune 20 financial services company. His practice focuses primarily on defense in all aspects of banking, housing, insurance, and financial services litigation, with a primary concentration on the defense of class actions and individual lawsuits in federal and state courts (including ECOA, FCRA, and FDCPA claims). Eric also advises clients on their practices and procedures related to mortgage servicing, mortgage insurance, life insurance, annuity, and mutual fund sales, 1933, 1934, and 1940 Act issues, fair housing, consumer lending and debt collection (including credit reporting issues under the FCRA). In addition, he has handled numerous ERISA matters, including several successful trials. He also frequently conducts internal investigations on all of these issues for his clients.
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William T. Webb
Founding Partner
Webb Legal Group
Mr. Webb has developed a commercial practice, advising businesses in transactional matters, including contracts,... | Read More
Mr. Webb has developed a commercial practice, advising businesses in transactional matters, including contracts, entity formation, intellectual property, real estate, commercial lending, and web site development. He taught trial advocacy to law students and practicing attorneys through the National Institute for Trial Advocacy. In addition, he lectured on the Uniform Commercial Code at the San Francisco Law School.
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