While there are a large number of cases, only those cases most salient to the topic are discussed. If you are a majority shareholder, you also owe a duty of loyalty to your minority shareholders. See, Loengard v. Santa Fee Industries, Inc., 514 NE2d 113 (1987). Generally speaking, malpractice relates to the manner in which a lawyer conducts litigation or handles a transaction. REMEDIES FOR BREACH OF FIDUCIARY DUTY MARY C. BURDETTE SCOTT D. WEBER Calloway, Norris, ... Columbia University, New York, New York 7 Breach of Fiduciary Duty 7:1 General 7:1.1 Potential Advantages to Bringing a Fiduciary Duty Claim 7:1.2 Fiduciary Relationship Defined UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK . ... that their trading was in breach ofa fiduciary duty or similar duty ... alleged in this Complaint In circumstances of a breach of fiduciary duty, a court may award one of the following remedies against a defaulting fiduciary: (a) a constructive trust; (b) an account of profits; or (c) equitable Under New York law, a person who induces a breach of fiduciary duty is also liable. In one often cited New York Court of Appeals case,3 Justice ... breach of fiduciary duty case for lack of proof of a fiduciary duty separate from Damages and Breach of Fiduciary Duty ... this office has represented clients across New York State. complaint against the bank of new york mellon for ... breach of fiduciary duty; breach of duty of independence; and negligence . Rather, it has two: three and six years. Breach of Fiduciary Duty ... Second, a major advantage of a fiduciary duty claim over a breach of contract claim is that the duties of an accountant who is a fiduciary Brigham v. McCabe, 27 A.D.2d 100, 105 (3d Dept. Trustees owe a fiduciary duty to trust beneficiaries. A breach of fiduciary duty can give rise to civil liability. Zalmanov v Shabat, LLC ... J. New York Attorney Malpractice Blog. In New York, In order to establish a breach of fiduciary duties, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendants misconduct. Be aware that if you are both a member of a corporation and a shareholder, you are placed with an even greater degree of fiduciary duty. If you have any legal questions or need help with fiduciary duties, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar. Breach of fiduciary duty, in contrast, relates to the specific duties a lawyer owes a client, such as loyalty and the preservation of confidences and secrets. The Law Office of Frederic R. Abramson represents businesses in New York. REMEDIES FOR BREACH OF FIDUCIARY DUTY MARY C. BURDETTE SCOTT D. WEBER Calloway, ... New York, New York, B.A., History, 1986 LICENSES: State Bar New York Commercial & Corporate Litigation Blog Summary and Analysis on decisions from New York federal and state courts. Civil lawsuits can have significant financial consequences, but will not result in jail time. Graubard Mollen Dannett & Horowitz v. Moskovitz, 86 N.Y.2d 112, 118, 629 N.Y.S.2d 1009, 653 N.E.2d 1179 (N.Y. 1995) (attorney to client); Keller v.