delegation-john-c-lindley-iii

Breach of Trustees’ Fiduciary Duty – Part 4: Duty to Delegate

At common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves.  However, our current financial system’s increasing complexity makes it unreasonable for many trustees to manage trust assets on their own.  The opportunities for investments are endless, and the sophistication of even basic financial instruments has increased since the creation Read More

duty-to-report-john-c-lindley-iii

Breach of Trustees’ Fiduciary Duty – Part 3: Duty to Administer Trusts Prudently and Duty to Inform, Report, and Maintain Adequate Records

          In Part 2 of this series, we examined trustees’ duties of loyalty and impartiality.  This post will examine the duty to administer trusts prudently and Part 4 will discuss the duty to delegate – or not delegate – in more depth.  The duty to administer trusts involves the basic values Read More

Handshake John C. Lindley III

Eight Questions and Answers about Fiduciary Litigation

What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.   Read More

Symbol of law and justice in the empty courtroom law and justice concept.

Rule 11 Sanctions Imposed for Improper Breach of Fiduciary Duties Claims Against Rank-and-File Employees

           In September 2011, Southeast Air Charter, Inc. (“Southeast Air”) brought suit against three (3) employees (“Defendants”) alleging, among other things, breach of fiduciary duty and constructive fraud.   The North Carolina Business Court (“NCBC”) determined all defendants were rank-and-file employees of Southeast Air and therefore could not be subject to the Read More