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Breach of Fiduciary Duty Litigation

Top Rated Florida Breach of Fiduciary Duty Attorney

What is a breach of fiduciary duty?

First, to understand what a breach of fiduciary duty is, we must understand who is a fiduciary and when the fiduciary owes a duty.

A fiduciary is a person or entity in which one places a vast amount of trust in handling one’s assets and interests in. A fiduciary is required to act in your best interest and cannot take into consideration their own interest in making decisions on your behalf or in advising you as to a certain course of action. A fiduciary owes you a duty of loyalty and care and is required to act in good faith while protecting your interest.

A fiduciary duty or the obligation to act in another’s best interest arises either expressly or impliedly.  An example of fiduciary duty which arises expressly includes those defined in the statutes such as those related to an attorney, stockbroker, trustee, corporate directors, and partners. 

An implied fiduciary duty arises as a result of special circumstances in which the parties had a trusting or confidential relationship bewteen each other.  Here are some examples of fiduciaries: 

    • An Attorney
    • An Investment Advisor
    • A Trustee
    • A Personal Representative
    • A Director or Officer of a Company
    • A Majority Shareholder of a Company
    • An Attorney in Fact
    • A Joint Venturer or Partner in a business venture.
    • An Agent
    • An Employee to an Employer 
    • A contract requires a party to protect the interest of another party.
    • A party relies on the other party to look after its best interest.

What constitutes a breach of fiduciary duty?

A breach of fiduciary duty in the simplest terms is a breach of the fiduciary’s duty of loyalty and care that that fiduciary owes you. In most cases, that means that the fiduciary has caused you harm or damage as a result of actions or omissions of the fiduciary that were in contradiction to your best interest. A breach of fiduciary duty is different than negligence.  Negligence speaks to a mistake by the fiduciary in carrying out their obligations, not the fiduciary acting in their own interest.

Examples of a breach of fiduciary duty include:

  • Using your employer’s confidential information for your own personal benefit.
  • A director or officer making decisions on behalf of the company, that are not in the company’s or the shareholder’s best interest.
  • Stealing money from your clients or partners.
  • Defrauding beneficiaries of a trust or will.
  • Mismanaging company or trust assets.
  • Concealing important information needed to make a decision from the person to whom you owe a duty.
  • Failure to report conflicts of interest .
  • Incurring debt on behalf of a company knowing the company can not pay for the debt.
  • Stealing business opportunities from your company or employer.

At times spotting a breach of fiduciary duty can be difficult and requires a thorough analysis of the situation and the parties’ relationship.

What kind of damages can be awarded for a breach of fiduciary duty?

When a fiduciary acts against the interests of its principal or for their own profit without the express consent of the principal, it may be met with serious litigious consequences.

  • Compensatory damages include recovery of the amount of loss as a direct result of the breach of fiduciary duty i.e. “to be made whole”, disgorgement of profit, and in some cases lost profit and attorney fees.
  • Punitive damages include being awarded an amount the jury believes is necessary to punish and deter such behavior again. The punitive damages awarded usually commensurate with the severity of the actions or omissions of the fiduciary.  Punitive damages are reserved for cases where the fiduciary has acted with great malice or fraud. 
  • Equitable relief such as accounting, injunctive relief, forfeiture, the appointment of a receiver, constructive trust and rescission of the transaction or agreement are also available.

Can a breach of fiduciary duty be a crime?

Though typically a breach of fiduciary duty is a civil dispute matter, there are breaches that rise to the level of being a crime.  Such examples include theft, embezzlement, fraud, identity theft, and abuse of an elderly person.

Breach of Fiduciary Duties cases require attorneys with experience in identifying, prosecuting and defending breach of fiduciary duty claims. Here at the Campbell Law Group, we have the experience and competency to handle your breach of fiduciary case.

Our firm accepts cases from all over South Florida such as Miami Beach, Coral Gables, Coconut Grove, South Miami, Pinecrest, Brickell, Edgewater, Doral and Wynwood, as well as cases in Broward and Palm Beach County, Tampa, Orlando and the rest of Florida.

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The Campbell Law Group P.A.
Focuses its practice on corporate, real estate and family law matters.
While representing clients whether in civil, corporate or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.

Attorney Profile

Regina M. Campbell

Corporate and Family Law Attorney and
Collaborative Family Law Attorney

Education

Hofstra University Maurice A. Deane School of Law – Hempstead, New York Juris Doctorate (2007)

Florida International University – Miami, Florida – Bachelor of Arts in Political Science (1998)

Admissions

Florida Bar (2009)
United States District Court for the Southern District (2013), Middle (2015) and Northern Districts of Florida (2018)
United States Bankruptcy Court for the Middle and Southern Districts of Florida (2015)
Member of the Collaborative Family Law Institute, Inc. (2017)

Regina is the Managing Partner of The Campbell Law Group based in Coral Gables, Florida. She is recognized for her unique insight, resourceful problem-solving skills and understanding of how legal issues affect people and companies differently.

One of Regina’s biggest passions is litigation. Regina and The Campbell Law Group PA have seen a great deal of success in prosecuting and litigating business fraud and ponzi schemes, tortious interference with a business relationship cases, non-compete cases, shareholder actions, complex divorce and post-divorce actions, especially cases with recalcitrant parties with a talent at hiding assets and/or avoiding support obligations amongst others causes of action.

Regina is fluent in both English and Spanish and has assisted businesses and families from over twenty countries with their business and family legal needs.

About the Firm

The Campbell Law Group is well-equipped to serve businesses throughout Florida with all manner of legal matters. Our unique breadth of knowledge, thanks to a wealth of both business and legal experience, will provide you and your company with well-rounded representation for all of your business’ legal needs.

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