• Litigation Consulting - QuickRead Top Story

    Four Specific Indicia

    Of Breach of Fiduciary Duty This article examines four recurring indicia that courts consistently associate with breaches of fiduciary duty: self-dealing and secret profits, misappropriation or misuse of funds, manipulation of financial reporting and compensation structures, and the usurpation of corporate opportunities. Introduction Fiduciary duty cases rarely turn on abstract principles alone. Instead, courts look for concrete patterns of conduct that reveal whether a fiduciary has placed personal interests ahead of the party to whom loyalty is owed. In litigation, breaches of fiduciary duty often emerge through identifiable financial and operational red flags: undisclosed conflicts of interest, unexplained transfers of…

  • Litigation Consulting - QuickRead Top Story

    Red Flags Indicating a Breach

    Of Fiduciary Duty in Financial Disputes Forensic accountants are frequently brought into litigated disputes to examine whether individuals in positions of trust, such as business partners, executives, or agents, have breached their fiduciary duties. While this article concerns legal issues, the author intends to express no legal conclusions and/or opinions. Forensic accountants should consult the counsel that engaged them. Introduction Forensic accountants are frequently brought into litigated disputes to examine whether individuals in positions of trust, such as business partners, executives, or agents, have breached their fiduciary duties. While this article concerns legal issues, the author intends to express no…

  • Case Law - QuickRead Top Story

    Legal Update

    May 2023 In the recent case of Munro v. University of Southern California, the issue raised there is when and whether can a Plaintiff proceed to trial on a new damages theory after the discovery deadline has passed. This article discusses FRPC 37, the federal rule of civil procedures that sets forth the standard for admitting or denying the admission of a new theory under the circumstances described above. For those of us caught up in the chaos of litigation, it may sometimes seem that scheduling orders and court deadlines are arbitrary and subject to change at the judge’s whim.…