Directors & Officers Fiduciary Duty
Corporate governance errors and omissions claims against directors and officers challenge their service as fiduciaries in leading entities for the benefit of shareholders or other owners. Sometimes labeled “managerial malpractice” or “D&O”, these claims may arise in a variety of contexts affecting for-profit companies, non-profit corporations, and charitable organizations. Shareholder derivative actions, employment discrimination claims, minority shareholder disputes, securities class actions, audit controversies, conflict of interest complaints, credit/investment oversight management, and decision-making competence in general are examples of disputes we counsel clients to avoid or defeat. These disputes often rely not only on common law allegations of fiduciary duty breach but also on state and federal statutory laws defining the entity’s leaders’ obligations arising from their service. We are assisted in these efforts by forensic accountants, e-discovery consultants, and fiduciary duty experts in discovery and trial of these claims.