Broadcast Date: Thursday, September 09, 2021
from 12:00 pm to 1:00 pm (ET)

Overview:

The litigation landscape for fiduciary duty claims has been continuously evolving with the recent developments and court rulings. As the number of lawsuits increase, companies are confronted with a myriad of challenges and compliance hurdles. Failure to maintain a good fiduciary relationship could pose risks of litigation which may result in monetary penalties and reputational damages.

This underscores the importance for companies to keep themselves abreast of emerging trends in this field of law. They must also revisit their litigation techniques and practices to avoid pitfalls and have the advantage when faced with this type of lawsuit.

In a LIVE Webcast, commercial litigation attorneys Mitchell Edwards (Hinckley Allen) and Daniel C. Bitting (Scott Douglass & McConnico LLP) will present a comprehensive discussion of recent trends and developments in fiduciary duty claims litigation. Speakers will also discuss common pitfalls and offer best practices to mitigate litigation risks.

Key issues that will be covered in this course are:

  • Trends and Updates in Fiduciary Duty Claims Litigation
  • Notable Case Rulings
  • Critical Issues and Red Flags
  • Best Litigation Techniques
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of corporate law

 

Course Code:

149336

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Mitchell Edwards, Partner
Hinckley Allen

Mitchell Edwards is a problem solver. Whether you are dealing with a complicated commercial litigation matter or trying to avoid one from being filed, Mitchell’s practice and substantial experience can help your most significant matters. Mitchell handles complex business disputes including fiduciary litigation and real estate disputes. He also defends manufacturers and distributors in product liability actions. He represents financial institutions in breach of contract, fraud, fiduciary duty, and other tort claims. He also successfully obtained political asylum for a Tibetan monk.

Daniel C. Bitting, Partner
Scott Douglass & McConnico LLP

Dan Bitting is a Partner at the litigation firm Scott Douglass & McConnico where he focuses on complex business litigation, including fiduciary duty litigation, securities violations, professional malpractice claims, intellectual property disputes, shareholder claims, property disputes, and oil, gas and energy litigation. He handles cases with millions of dollars at stake.  He has over thirty years of trial and appellate experience in both state and federal courts, including serving as lead counsel in multiple jury trials and appeals. Dan understands that the best resolution of many disputes is a satisfactory settlement but he believes that the best settlements come from being fully prepared and able to try the case if necessary.

Agenda:

SEGMENT 1:

Mitchell EdwardsPartner

Hinckley Allen

  • Explaining what fiduciary duties are and explaining how and when they arise.
  • Discussing fiduciary duties in the lender liability context – lenders are rarely found to be fiduciaries, but there are exceptions.
  • Discussing fiduciary duties in the contexts of guardianships/conservatorships and power of attorneys – the Brittany Spears case.
  • Fiduciary litigation arising out of COVID-19

SEGMENT 2:

Daniel C. BittingPartner

Scott Douglass & McConnico LLP

  • Who’s on first:  burden shifting and presentation order.
  • Rodents of unusual size: handling the bad (or good) facts that you didn’t think existed.
  • Wrestling with pigs: tolerating the intolerable beneficiary.
  • Just tell me how many adverbs are in your letter: handling the over-the-top opposing counsel.

Date & Time:

Thursday, September 09, 2021

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Business Lawyers
  • Corporate Lawyers
  • Litigators
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SPEAKERS

Mitchell EdwardsPartner
Hinckley Allen
Daniel C. BittingPartner
Scott Douglass & McConnico LLP

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