As part of our litigation practice, we provide breach of fiduciary litigation services.
Our business litigation attorneys represent plaintiffs and defendants in breach of fiduciary duty litigation in federal as well as state courts. Breach of fiduciary duty litigation typically arises with allegations that a person, often a professional, breaches a duty to others. As a result, a fiduciary has a legal or ethical relationship of trust. In addition, a fiduciary duty is a high standard of care and requires a level of loyalty. Also, a fiduciary relationship is created depending upon the type of relationship and the circumstances of that relationship. Therefore, it takes business acumen and business litigation experience to analyze complex business disputes arising from breach of fiduciary duty.
Breach of Fiduciary Duty Litigation Claims
Texas law recognizes that fiduciary duties can arise in many contexts, including principal/agent, employer/employee, partnerships, and business associates. Therefore, breach of fiduciary duty litigation commonly includes claims for fraud and other business torts as well. Such claims can be serious allegations and should be addressed quickly with the help of business lawyers experienced with fiduciary duty claims.
Breach of Fiduciary Duty Lawsuits
Because trust is important in any relationship, breaches of fiduciary duty are serious allegations. For example, elements of a breach of fiduciary duty include: a duty existed, a breach of the duty occurred, and damages were suffered. Litigation often moves quickly and may include requests for immediate relief, such as temporary restraining orders, temporary or preliminary injunctions, expedited discovery, and other pre-judgment remedies.
Protection for Prevention of Breach of Fiduciary Duty Claims
Businesses and individuals often place trust in others for the best interest of the company creating a duty of fiduciary responsibility on one party. Examples of business relationships that create a level of fiduciary duty responsibility are:
Attorney – Client
Board of Directors – Shareholders
Manager – Member
Principal – Agent
Trustee - Beneficiary
Business attorneys with an understanding of the intricate levels of fiduciary responsibilities can help a business prevent disputes through:
Review and structuring of internal corporate agreements
Corporate governance consultation
Implementation of specific fiduciary agreements
Non-Compete, Non-disclosure agreements
While proactive measure will not always prevent filing breach of fiduciary duty litigation, the implementation of proactive measures will help to make litigation more efficient and cost effective.
Local Counsel for Breach of Fiduciary Litigation
We also act as local counsel for out-of-state plaintiffs and defendants involved in breach of fiduciary duty litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our litigation services.