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    Breach of Fiduciary Duty vs. Constructive Fraud – Which Claim Do You Have?

    Breach of Fiduciary Duty:               A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of another.  Fiduciaries must prudently care for any such assets, and may also have a number of additional duties, depending on the nature of their fiduciary relationship.  These duties include, without limitation: a duty of good faith and fair dealing, a duty of loyalty, a duty of impartiality, a duty to delegate, a duty to inform, and a duty to maintain adequate records.             To succeed on a breach of fiduciary duty claim, the plaintiff must prove…