Fiduciary Duty Litigation

Business entities depend on individuals—officers, managers, directors, and business partners—to act in the best interests of the enterprise. When those obligations are not met, the resulting harm can be significant and may give rise to claims for breach of fiduciary duty and related misconduct.

We represent clients in disputes involving alleged breaches of fiduciary obligations, including matters arising from the management and operation of closely held and complex business entities.

Request a Case Assessment

How Fiduciary Duty Claims Arise

Fiduciary duty claims typically involve allegations that a person entrusted with authority over a business or its assets acted in a manner inconsistent with those obligations.

These disputes often arise in:

management of real estate or operating businesses
disputes between owners, partners, or members
closely held entities where control is concentrated
transfers or use of company assets
decisions benefiting insiders or affiliated parties

While the specific duties can vary depending on the role and structure of the entity, these matters frequently turn on the same core questions: what obligations were owed, how decisions were made, and whether those decisions were consistent with those obligations.

Common Types of Claims

Fiduciary litigation frequently involves overlapping theories of liability. Depending on the facts, claims may include:

breach of fiduciary duty
self-dealing or conflicts of interest
misappropriation or diversion of assets
mismanagement or waste of business assets
disputes involving control or decision-making authority among business partners
fraud or negligent misrepresentation
violations of the Washington Consumer Protection Act
related contractual or statutory claims

These matters are often fact-intensive and may require examination of financial records, internal communications, and the circumstances surrounding key decisions.

Evaluating These Matters

These cases are rarely defined by a single act. More often, they involve a pattern of decisions or conduct that must be evaluated in context.

Assessment of a fiduciary duty claim typically involves:

the structure and governing documents of the entity
the roles and responsibilities of the individuals involved
the relationships among owners, partners, or managers
the nature and timing of the decisions at issue
available documentation reflecting those decisions
potential sources of recovery, including insurance and individual assets

Developing these claims requires careful analysis of how the underlying conduct occurred and how it can be presented in litigation.

Approach

Fiduciary disputes often involve substantial factual development and legal complexity, along with practical considerations affecting how the matter should be pursued.

We approach these cases with a focus on:

developing the factual record
evaluating the strength and scope of available claims
identifying appropriate sources of recovery
positioning the matter for resolution or trial

As with other litigation, outcomes depend on the underlying facts, the available evidence, and how the case is developed over time.

Fee Structure and Alignment

Fiduciary and business disputes are often associated with significant legal expense, particularly when handled on an hourly basis over extended litigation.

Depending on the nature of the matter and the client’s objectives, we handle these cases on an hourly basis, a contingency basis, or through a hybrid arrangement, allowing the structure of the representation to align with both the claims at issue and the practical considerations surrounding the case.

Whether a particular arrangement is appropriate depends on a range of factors, including the nature of the claims, the available evidence, and the realistic sources of recovery.

Moving Forward

If you are evaluating a potential claim involving breach of fiduciary duty, a dispute among business partners, or related misconduct, it may be important to assess not only whether a claim exists, but how it can be developed and pursued in practice.

We can assist in evaluating these matters and determining appropriate next steps.

Evaluate a Fiduciary Duty Claim

Submitting a form allows our team to review the matter and determine whether we can assist.

Request a Case Assessment