BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, November 5, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide commercial business litigators with a game plan when litigating breach of fiduciary duties claims, focusing on causes of action, defenses, remedies, and proof. The program will discuss litigation strategies from the perspectives of plaintiffs and defendants.

Faculty

Christopher D. Sullivan
Partner
Sullivan Pratt, LLP

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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William T. Webb
Founding Partner
Webb Legal Group

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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Description

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 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.

Outline

  1. Causes of action
    • Corporate governance
    • Different entities
    • Employment
  2. Key defenses
    • Corporate
    • Employment
  3. Proving the relationship
  4. Remedies
    • Compensatory
    • Injunctive
  5. Litigation strategies
    • Plaintiffs
    • Defendants

Benefits

The panel will review these and other critical issues:

  • What are the most common theories supporting a claim for breach of fiduciary duty?
  • What affirmative defenses should defendants consider?
  • What remedies are available?
  • What are the proof requirements?
  • Who may bring a claim for breach of corporate fiduciary duty?
  • Who may be sued for breach of corporate fiduciary duty?
  • What is different about these claims when brought in the context of closely held entities?
  • What is most effective for arguing corporate fiduciary duty claims and defenses to juries?