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Who is Involved in Probate Litigation in Florida?

Probate Litigation in Florida

In the state of Florida, probate litigation is often referred to as a Florida Will Contest. Probate litigation can only occur when the will’s owner has died—contests cannot be brought to the courts beforehand. Probate litigation can occur for numerous reasons, including suspected forgery, undue influence or questioning the mental capacity of the individual. Determining who is involved in probate litigation depends on the claim, but there are some common parties involved in these types of situations.

The Individual Contesting the Will

Probate litigation occurs when a party contests the will. The party contesting the will could be a beneficiary listed in the will or a descendant that is not listed in the will, but feels they should be. This individual will be present throughout the probate litigation process and may hire his or her own estate planning attorney to represent the claim.

Beneficiaries

All beneficiaries listed in the will or those contesting the will are involved in probate litigation. While they may not speak to the judge directly, they may be present during the hearings.

Specialists

In the event a will contest is made over a claim—such as forgery, undue influence, and so on—a specialist may be brought in to testify. For example, the individual contesting the will claims that the signature is a forgery. Their attorney may bring in a questionable documents specialist to analyze the signature and determine if it is a forgery. For cases involving mental capacity, medical professionals may be brought in to discuss the individual’s mental state, recite medical records, and so on.

Judge or Mediator

A probate court judge oversees probate litigations. A mediator may be brought in for settlements as a neutral third-party working for the court.

Estate Attorney

An estate attorney, while not required, should always be involved in any type of probate litigation. Contesting a will in Florida requires direct evidence of your claim. If you are contesting a will or you are defending your loved one’s will from an individual contesting it, you need the expertise of an estate attorney.

Contact a Florida Probate Litigation Attorney Today

Florida Probate Litigation AttorneyThe Law Offices of Peter M. Feaman have represented numerous families in their probate litigation cases. We can assist you with your claim or defending your loved one’s will. Contact us today for a free case evaluation by calling 561-734-5552 now.

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Outsourcing Your Work? Tips for Avoiding Contract Disputes

Florida Contract Litigation AttorneysOutsourcing contracts help establish relationships between your business, supplier, and customers.

But, even the most thorough outsourcing contract is full of legalese and confusing verbiage, which is why they are one of the more easily disputed business contracts.

Whether you outsource your work to freelancers or your distribution is outsourced to a third party, you need a contract. The language in that contract, however, determines how easily it can be disputed in the future. Even a solid contract doesn’t guarantee there won’t be disputes with your supplier. You can, however, avoid costly litigation and resolve contract disputes with your supplier simply by drafting a solid agreement.

Avoid Open-Ended Contracts

Never leave your agreement open-ended. For example, most outsourcing contracts state that the parties will agree on terms after signing. First, you are signing a contract without an official agreement. Second, if a disagreement occurs, a court arbitrator may not impose the contract terms since neither party officially agreed. Therefore, never sign an agreement that is open-ended.

Know Your Contract Terms

Do you know what the contract says entirely? There are often hidden clauses in a contract that can be misleading. As a result, compliance with these clauses could be difficult. Never ignore any clauses in your contracts and understand the terms of each clause before you sign.

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Look Out for Potential Misinterpretation

Knowing the expectations of each party is the key to avoiding any misunderstandings, which could later develop into conflict or contract disputes. Identify where terms could be misinterpreted, such as timelines for completion of the supplier’s work. Then, address those potential misunderstandings with the other party before anyone signs.

Document Negotiations and Ensure Contract is Up to Date

During the contract management phase with a supplier, you may have several drafts and negotiations before reaching an agreement. These negotiations should be thoroughly documented and the final contract should reflect all negotiations.

Use Clear Language

Your outsourcing contract does not have to use complicated legal terminology. In fact, simplify terms as much as possible to make sure it is unambiguous, readable, and clear by the lay person.

Know Your Responsibilities and Rights

After you have negotiated your terms, make sure you familiarize yourself with that agreement and understand your responsibilities as well as your rights. Shared expectations must be understood to avoid breaching the contract’s terms. Also, by knowing your own rights, you can identify when the other party has breached the contract terms.

Consult with an Attorney

Outsourcing contracts can be complex and must be customized to the unique relationship between a business and supplier. It is in your best interest to speak with an contract litigation Attorneys Florida and get timely advice on how to properly draft your agreement. If a dispute does arise, your attorney can help you defend your case and avoid any detrimental breach of contract issues.

The Law Offices of Peter M. Feaman, P.A. are your Boynton Beach and South Florida contract experts. Contact us today for a free consultation by dialing 561-734-5552.

Real Estate Contract Disputes: Real Estate Sales & Remedies

business attorney west palm beachReal estate disputes come in various forms, ranging from landlord and tenant disputes from commercial leases, disputes related to zoning and other regulatory compliance, disputes related to title, easements, covenants, etc., and, breach of contract disputes related to the sale or development of land or real estate.

What Remedies Are You Entitled to in a Real Estate Contract Dispute?

Unless limited within the agreement itself, the buyer and seller in a purchase or land sale agreement are entitled to remedies upon the breach of the agreement by either party. A buyer is entitled to certain remedies if a seller defaults on the agreement or wrongfully refuses to transfer the title. A seller is also entitled to certain remedies if the buyer fails to meet a financial obligation, known as a monetary default, or breaches a material term of the agreement. If either party fails or refuses to perform their obligations under the agreement, three main remedies exist, which include: 1) specific performance; 2) money damages; 3) termination of the agreement.

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Specific Performance. If either party is unwilling but able to perform certain contract obligations, an order for specific performance may be imposed by the court. When specific performance is being imposed, the party claiming the breach of contract has usually denied money damages but instead just wants the terms of the contract to be fulfilled, and the transaction to be complete. The court typically orders this remedy when the agreement is so definite, such that money damages are insufficient to return the party claiming breach to their former position. When the court orders this equitable remedy, it usually requires the party to perform a specific act as stated or determined by the contract.

Money Damages. This is an award of money, ordered by the court to compensate a party for any loss or injury that occurs as a result of the breach. Money damages are usually calculated as the difference between the contract price and the market value of the property at issue. The goal of the damages is to put the injured party back in the same economic position they would have been if the contract obligations were actually performed; or if that is not possible, to award the injured party an amount that would, at a minimum, put them back in the same position they were in at the time they entered into the contract.

Termination of the Contract. In the event that a contract is deemed invalid or unenforceable, or the seller has breached (i.e. if the property at the heart of the transaction is not in the condition as was agreed upon), the buyer is typically entitled to terminate the contract and recover any and all payments which were made towards fulfilling the contract obligations. If all the requirements of the land sale or purchase agreement are fulfilled, it will be difficult for a buyer to cancel and/or terminate the agreement. Sellers have more limited opportunities to cancel or terminate the land sale agreement, but may keep buyer deposits if the buyer cancels for no reason.

Are You Involved in a Real Estate Dispute?

Our experienced business litigation lawyer West Palm Beach handle all types of contract disputes, and can assist you if you are involved in a real estate dispute. Contact the Law Offices of Peter M. Feaman, P.A., serving Boynton Beach and all of South Florida, for your free and personalized consultation. Contact our firm by calling us at 561-734-5552.

Commercial Fraud

Commercial Fraud in Florida

Fraud, generally, is any sort of deception or misrepresentation that is intentional and used for some sort of gain. Commercial fraud in Florida occurs within the corporate setting and can be more specifically described as any deceptive practice or violation of law that is committed by a corporate executive in order to receive certain financial gains. If you have been accused and/or charged with a commercial fraud claim, it is important that you seek legal representation in order to protect your rights.

What type of actions or activities would be considered commercial fraud?

There are a range of activities which may give rise to a cause of action for commercial fraud, all involving deliberate and criminal conduct; and it is important to recognize actions or activities that could lead to such commercial fraud. Generally, commercial fraud may involve illegal activities such as:

1) Insider trading. This is the trading of a public company’s stock by employees or other individuals who have access to non-public information.

2) Misuse of company funds. For example, personal use of company money by giving oneself unauthorized salary increases or paying for one’s personal vacations.

3) Deceiving the government, investors and/or the public about a company’s financial performance. For example, understating a company’s profits to mislead the tax   authorities and reduce the company’s tax burden.

The impacts of such deceptive practices are far and wide, as they create a sense of distrust and can ruin reputations of individuals and the affiliated businesses. Moreover, it can cost individuals and business entities millions of dollars each year.

How is commercial fraud identified?

Typically, government agencies or company employees are the main sources who identify and/or allege activities that may meet the criteria of commercial fraud. For one, financial regulatory agencies within the government have a duty to find and investigate potential commercial fraud. In doing so, governmental agencies have established laws, known as “whistleblower” statutes, in order to encourage employees to report questionable practices and potential business fraud in exchange for insulation and immunity from retaliatory action (such as being fired). This creates a more open and protective space for employees, who witness the day to day activities of their business and observe potential commercial fraud, to report any such activities.

Individuals who are found guilty of commercial fraud can face severe penalties not limited to fines and jail time. Companies found guilty of commercial fraud can also face severe fines and may even be forced to end all business operations.

Contact an Business Attorney You Can Trust

An allegation of commercial fraud is a serious matter that should not be treated lightly. The Law Offices of Peter M. Feaman, P.A., serving Boynton Beach, Miami, West Palm Beach, Boca Raton, Delray Beach, Lake Worth and all of South Florida, is ready and available to represent those accused of commercial fraud. If you are victim of commercial fraud we are here to serve you as well. Don’t waste any more time, to begin your free, personalized consultation, contact our firm today by calling us at (561) 734-5552.

Business Owners and Unavoidable Business Disputes

Law Offices of Peter M. Feaman, P.ABusiness disputes come in all forms, shapes and sizes. When entering or starting a new business venture there are numerous considerations that take place, such as the structure and management of the business, the location of the business, or other strategic concerns. However, rarely does one consider the prospect of serious business disputes, whether it be with clients/customers, partners, shareholders, or employees.

Typically when starting a business, partners or shareholders enter into shareholders’ agreements, which is an important foundational step to assure that business matters will be handled in the most effective and efficient means possible. Among other relevant matters, these agreements govern the operations, management and decision-making, profit and loss distribution, and the handling of disputes as it relates to the business. Despite the extensive planning and preparation that goes into starting a business venture, conflicts and disputes are almost inevitable. Whether anticipated or unforeseen, The Experienced West Palm Beach business litigation attorneys at the Law Offices of Peter M. Feaman, P.A., are ready to assist you in resolving your business disputes.

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Considerations When Starting a Business

When entering a business, there are numerous and important matters of concern that an attorney should address and provide advice on in order to allow for smooth business operations, and to keep you alert as to potential areas for business disputes. These include:

1) Rights, duties and obligations of the officers, directors and shareholders;

2) Procedures and protective measures to ensure that officers are completing their duties in good faith and a manner that is in the best interest of the business;

3) Processes and procedures for handling legal disputes, whether it be by negotiation, mediation, or arbitration;

4) Considering matters  of confidentiality and non-competition;

5) Understanding corporate formalities and procedures such as meetings, voting, and resolutions;

6) Creating a system for determination and disbursements of profits and losses; and

6) Addressing the processes for handling  commercial debts, insolvency, bankruptcy, liquidation, and dissolution.

Having an experienced legal team in congruence with a strong, well-drafted shareholders’ agreement can be quite effective in preventing business disputes from arising or escalating, but they are not fail-safe. There are always challenges in a business, which may create unforeseen circumstances and thus, unanticipated sources of conflict. No matter how much planning and preventative action is taken, disputes among shareholders, managers, officers, employees, third-parties or other relevant parties may begin to surface. Both internal and external disputes can slow growth of a business, be extremely costly, and be damaging to the business image overall. It is always best to immediately address any such business disputes and hope for an expedient resolution.

Contact an Attorney to Help You Sort Out Your Business Disputes

If negotiations regarding a shareholder or partnership agreement fail, litigation is your next option. Business litigation attorneys at the Law Offices of Peter M. Feaman, P.A., located in Boynton Beach, Florida, routinely handle and assist in the resolution of all types of business disputes. Our firm has experienced attorneys who can assist you in understanding and resolving all your business disputes, whether in the negotiation or litigation phase. Contact us for your free consultation today.

Commercial Lease Disputes and Other Commercial Real Estate Matters

Common Commercial Real Estate Matters

Peter M. Feaman Real Estate AttorneyThe market for commercial real estate in Florida has been a dynamic one over the years. Commercial real estate covers any property used to generate revenue through rental income from office, retail, industrial, service, and hotel users. A wide range of commercial properties fall under this umbrella term, including office buildings, educational buildings, medical office buildings, industrial properties, resort and/or hospitality properties, and other forms of nonresidential real estate.

Common legal problems parties within the commercial real estate industry may face include breach of fiduciary duty, commercial lease disputes, purchase and sale agreement disputes, real estate covenant disputes, easement disputes, lien disputes, evictions, commercial lease disputes and more. The Law Offices of Peter M. Feaman, P.A. has experienced attorneys ready to address all your commercial real estate and development matters.

Considering Commercial Lease Disputes

For many a business operation, commercial leases tend to be a foundation for the business, as some companies can make more of a profit by renting rather than purchasing a business space. In such instances, business companies tend to enter into lease agreements with a property owner for the use of the commercial space. Commercial leases are important documents, as they lay out the rules and obligations of both parties surrounding the leased commercial space. Some common commercial lease disputes involve (but are not limited to) the following issues:

1)      Terms of the lease. Lease terms specify the allowed uses for the property, as well as who can use the property. Lease terms also specify when rent payments are due and the penalties, if any, if the payments are not made in a timely manner.

2)      Duty to repair. There may be disputes as to who has an obligation to make or cover the cost of repairs or maintenance matters for the property.

3)      Termination. There may be disputes as to when a party can cancel or terminate an agreement, and as to the consequences if a party terminates an agreement early.

4)      Subleasing. There may also be disputes over whether or not a party can sublease or assign their lease to a third party.

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Resolving any commercial lease disputes revolves around review of relevant laws (i.e. real estate, contract law, business laws, etc.), communication between the business parties, and of course a review of the terms and provisions agreed upon within the governing lease. Remedies for commercial lease disputes can range from monetary compensation (i.e. if a property owner is owed rent), to injunction for a specific action (i.e. to require action by a party if a building safety code is not being upheld), and even monetary damages for economic losses suffered by the non-breaching party.

Do you need an experienced business attorney to assist you in your commercial property matters?

Whether you’re a property owner, commercial or residential landlord, commercial tenant, builder, lender, broker, or contractor, contact the business law attorneys at the Law Offices of Peter M. Feaman, P.A., serving in Boynton Beach, Miami,  West Palm Beach, Boca Raton, Delray Beach, Lake Worth and all of South Florida, are here to assist you with all your real estate or property matters. Commercial property disputes and the laws surround them can be quite complex and our experienced attorneys are here to give you the legal advice and representation you need.

The Importance of the Operating Agreement in an LLC

Why an LLC?

Business Attorney Boynton Beach Limited liability companies, or LLC’s, are a unique form of business structure in that they provide the limited liability aspect of a corporation with the operational flexibility of a partnership. The owners of an LLC are known as “members,” and similar to the shareholders of a corporation, each member is considered to be a separate legal entity from the LLC. This means that each LLC member usually will be shielded from personal liability for any debts or legal obligations of the LLC itself. (In some instances, such as with illegal acts or where a member has signed a personal guarantee, this shield will not provide protection, which is why this business structure is referred to as a limited liability company.)

Another reason the LLC might be the preferred structure for a business is its operational flexibility. An LLC lacks centralized management, such that each member can freely participate in the management of the business. LLC’s tend to have fewer formalities than corporations, such as record-keeping requirements. Unlike a corporation, LLC’s are not required to have a board of director or officers. An LLC can also choose how profits will be distributed – in other business structures, such as the partnership or corporation, profit distributions are based on percentage of ownership or amount of capital contribution.

What is an Operating Agreement?

Most business structures will create a legal document that provides the terms of that business’s internal operations. In a corporation, the articles of incorporation serve as that document. LLC’s do not have articles of incorporation. Instead, the operating agreement is what structures the LLC’s financial and operational decisions. There is a key difference, however, between the articles of incorporation and an operating agreement – most states, including Florida, do not require an LLC to have an operating agreement. Articles of incorporation, on the other hand, are required by law in order for a corporation to exist. While this “relaxed” set of LLC rules might seem advantageous at first blush, those considering the creation of an LLC without an operating agreement should proceed with caution. In particular, if an LLC has more than one member, the failure to have an operating agreement might be considered, at the very least, unwise.

What Happens When an LLC Does Not Have an Operating Agreement?

The operating agreement usually includes provisions for how profits and losses will be allocated, percentages of ownership interests, authority and responsibilities of members, members’ voting rights, and procedures for transferring ownership interest. Without an operating agreement, the resolution of any disputes between members will be determined by the state statute. Similarly, where an existing operating agreement is silent on a particular issue, a state’s statute will provide default rules. In Florida, that statute is found in Chapter 605. Specifically, the relevant portion of 605.0105 states:

Except as otherwise provided in subsections (3) and (4), the operating agreement governs the following:

  • Relations among the members as members and between the members and the limited liability company;
  • The rights and duties under this chapter of a person in the capacity of manager;
  • The activities and affairs of the company and the conduct of those activities and affairs; and
  • The means and conditions for amending the operating agreement.

To the extent the operating agreement does not otherwise provide for a matter described in subsection (1), this chapter governs the matter.

In the event of a dispute between members of an LLC, the absence of an operating agreement may mean placing some weighty decisions in the hands of the state rather than the LLC itself.

Contact an Attorney with Experience

It is very important then, when establishing an LLC, to take the time to consult with a knowledgeable business attorney to complete an operating agreement. At the Law Firm of Peter M. Feaman, P.A., we provide top-notch services individualized to your particular business needs. Our attorneys are dedicated to ensuring our clients receive the best representation. To begin a free, personalized consultation, contact us in Boynton Beach at (561) 734-5552.

 

Understanding Business Dissolution

Understanding Business DissolutionSometimes businesses just don’t work. Sometimes they merge with another business. Sometime partners choose to retire. The truth is, businesses close for a variety of reasons. It is not enough, however, for a business to just shut its doors and walk away, never to be heard from again. Instead, a business must be legally dissolved. Failure to formally dissolve a business can result in expensive penalties and personal liability for judgments against the business. It is always best to consult a highly regarded business attorney as soon as dissolution is even considered.

When a business is dissolved, several things will happen. The business’s assets and property must be sold, and any debts must be paid with the available assets.  Any money remaining after debts have been paid will be distributed to the business’s shareholders, partners, or members.

Florida’s requirements for dissolution will vary slightly depending on the type of business entity.

  • Corporations – In order to dissolve a corporation, a majority of the shareholders must agree to the dissolution (unless the corporation has not issued any shares; in this instance, dissolution may be initiated by the directors or incorporators). Articles of Dissolution should also be filed with the Department of State’s Division of Corporations. After dissolution, the corporations will continue in existence for the sole purpose of “winding up” the business, which includes collecting assets and paying debts, and making distributions to shareholders from any remaining property.

  • Limited Liability Companies (LLCs) – To dissolve an LLC, the rules for dissolution will typically be found in the articles of organization. Most likely, those rules will require the LLC members to vote on a resolution to dissolve. Alternatively, dissolution of the LLC may be initiated by unanimous written consent of all LLC members. As with a corporate dissolution, Articles of Dissolution will also be filed with the state.

  • Partnerships – Unlike LLCs and corporations, partnerships do not require a formal written agreement to be legally recognized as a partnership. Similarly, a formal, written agreement of dissolution is not required either. The partnership can dissolve if all partners decide to do so. A partnership may also be dissolved once the purpose for which it was formed has been accomplished.

Regardless of which type of business entity is being dissolved, all must consider:

  • Notification of all creditors of dissolution

  • Settling any creditor claims

  • Final tax returns

  • Division of assets and assignment of liabilities

  • Potential for litigation when dissolution is contested

It is important that a business facing dissolution works with an attorney who can provide the support needed to deal with issues that may arise, regardless of the type of business entity.

Entrust Your Business Dissolution Matters to Our Skilled Legal Team

The Law Firm of Peter Feaman, P.A. can help with the dissolution of your business from start to finish, whether it is a corporation, partnership, or limited liability company (LLC). Our experienced attorneys have the knowledge to guarantee a thorough dissolution that leaves no further obligations or liabilities for your business. Contact one of our attorneys today at (561)734-5552 to arrange a free initial consultation.

 

Protecting Business Interests: The Non-Compete Agreement

It is the rare business that experiences overnight success – months and years of trial and error, brainstorming of ideas, and financial gains and losses are only some of the hard work put into a business as it establishes an identity. As the business expands, more and more employees typically are brought in and exposed to the inner workings of the business. How, then, can a business protect itself when those employees no longer work for the business? One common way that a business can safeguard its interests is through the use of a non-compete agreement.

Protecting Business Interests

Non-compete agreements are contracts, most often between an employer and an employee, that require the employee to agree not to enter into competition with the employer upon termination of employment. The purpose of this type of contract is to prevent an employee from working with a competitor of his former employer (or starting his or her own business) and then using the former employer’s business practices, trade secrets, client lists, marketing plans, etc. to gain a competitive edge. Although some states do not enforce non-compete agreements, Florida does allow these types of contracts, permitted they follow guidelines found in Florida Statute 542.335. These guidelines can be summarized below:

  • The non-compete agreement must be reasonable in its duration, geographical area, and line of business – A lifetime ban from entering into competition in any industry spanning every country simply is not reasonable and will not be enforced (in Florida or any other state). Agreements that are likely to be upheld in Florida are those that are limited in duration. Florida law presumes that a non-compete agreement sought to be enforced against an employee for longer than 2 years is presumptively unreasonable. Similarly, an agreement is more likely to be upheld by courts if the geographic limitation is narrowed to only those areas where the employer does business. Finally, a restriction on competing in a similar capacity in a competitor’s business is more likely to be upheld than a restriction that prohibits an employee for working for a competitor in any capacity.
  • The business interests sought to be protected by the agreement must be legitimate – Florida law provides a list citing several examples of business interests that it would consider legitimate. (Note: the list is not meant to be exhaustive.) Some of the interests likely to be acceptable in non-compete agreements include: trade secrets, valuable confidential information, substantial relationships with existing and potential customers/clients, and even specialized training.
  • The agreement must be reasonably necessary to protect those legitimate business interests – This final guideline essentially asserts that a non-compete agreement is more likely to be upheld if its existence is necessary to protect business interests. For example, not all employees of a business may need to be bound by these types of contracts. It would not be reasonably necessary for an employee in a corporation who is not exposed to trade secrets or customer lists, such as a janitor, to sign a non-compete. Similarly, if only a particular department or level of employees in a particular business received specialized training, it would be unreasonable to enforce a non-compete to protect that specialized training on every other employee in that business.

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The attorneys at the Law Firm of Peter M. Feaman, P.A., are experienced in reviewing non-compete agreements for a variety of businesses. We provide service tailored to each of our client’s individual needs and have the skills to handle your business disputes. If you need help with a legal issue related to a non-compete agreement, please contact us at (561)734-5552 to find out what our qualified attorneys can do for you.

Understanding Breach of Fiduciary Duty in Business Litigation

A fiduciary relationship can arise in a wide variety of circumstances. In a business relationship, the person managing the business affairs is the fiduciary, while the party who places his trust in the fiduciary is known as the principal. Partners in a partnership owe a fiduciary duty to one another, for example, as do officers and directors in a corporation.

Breach of Fiduciary Duty in Business Litigation

The fiduciary relationship is a common topic in business litigation. Specifically, the breach of such is a common claim in lawsuits where a relationship of trust is understood to exist between parties. The relationship of trust is predicated upon the various duties that the fiduciary is expected to fulfill in his relationship with the principal.

Types of Duties Owed in a Fiduciary Relationship

Perhaps the most important duty owed by a fiduciary is that of loyalty. The fiduciary is charged with acting in the best interests of the principal, being certain not to undertake any actions that can harm the business affairs of the principal. Another key duty owed by a fiduciary is the duty of care. The duty of care requires that a fiduciary acts prudently, or as an ordinary, reasonable person would act in managing his own affairs. In other words, the fiduciary manages the principal’s affairs in the same manner that he would manage his own affairs.

Fiduciaries may also be bound by a duty of obedience, which requires the fiduciary to act only within the limits of the authority set by the fiduciary relationship.

Many other duties owed by the fiduciary are outgrowths of the duties of loyalty, care and obedience – fiduciaries are expected to provide full disclosure of material information related to business affairs, are expected to refrain from self-dealing and conflicts of interest, and act with the utmost integrity when it comes to the business affairs of the principal.

Unfortunately, business relationships can suffer greatly when a fiduciary fails to fulfill one or more of his duties.

Breach of Fiduciary Duty Claims

In order to recover in a breach of fiduciary duty claim, the principal must prove:

  1. The existence of a fiduciary duty – Certain types of fiduciary relationships are established by law. In most circumstances, for example, directors, officers, and partners are typically determined to be fiduciaries.

  2. A breach of that fiduciary duty – Evidence supporting this element will vary depending on which duty is alleged to be breached. For example, a partner who engages in a transaction for his own benefit rather than for the benefit of the partnership may be in violation of the duty of loyalty.

  3. Damage caused by the breach ­– Damages can be awarded for a variety of losses, including lost profits, lost business opportunities , and may even include punitive damages.

Consult With a Trusted Attorney for Your Business Litigation Needs

If you believe you have a breach of fiduciary duty claim, it is important that you discuss your options with a respected business law attorney. At the Law Firm of Peter M. Feaman, P.A., we have over 30 years of experience providing top-notch legal services to our clients.. Contact us today at (561)734-5552 to set up your initial consultation witha trusted Florida business litigation lawyer.