Fiduciary and Partnership
Our Fiduciary Litigation Practice Group draws on our extensive technical and practical experience in all areas of trust, estate, gift, GST, tax and ERISA law as well as our established ability to effectively and efficiently guide clients through all phases of litigation, from discovery to trial, or in alternative dispute resolution forums.
We know how to seek out and acquire a fundamental understanding of the symbolic aspects underlying the matters in dispute; to listen, not only to what the parties are saying, but also to what they are not saying, but which needs to be heard. The depth and breadth of our attorneys across these disciplines allows us to assemble cross-functional and efficient teams that combine substantial courtroom experience with a sensitive and knowledgeable approach to the underlying legal, tax and personal issues involved, permitting us to craft truly effective and efficient resolutions for our clients.
In our representation of fiduciaries and beneficiaries, we challenge and defend the construction, interpretation and validity of will and trust documents, and both pursue and defend claims of breach of fiduciary duty. The Fiduciary Litigation Group is experienced in:
- Will and trust contests, whether based on lack of capacity, undue influence, fraud, or tortious interference with an expectancy
- Accounting actions and proceedings
- Interpretation and construction of documents
- Trust reformations and modifications, including non-judicial settlements
- Breach of fiduciary duty, including misconduct, removal and surcharge actions
- Claims of all kinds against the estate or trust assets, an individual beneficiary, or the fiduciary
- Disputes over the distribution of trust and estate assets
- Disputes over jointly-owned assets, employee benefit plan and IRA proceeds and other non-probate assets, including disputes over tax allocations and claims for tax reimbursement and community property claims
We counsel clients in matters involving the proper discharge of ERISA fiduciary duties and advise on ways to limit liability.
ERISA fiduciaries undertake enormous personal responsibilities and we are sensitive to their roles when representing them. Our experience includes representing ERISA fiduciaries in a broad range of matters before the courts, including benefit claims, fiduciary breach actions, withdrawal liability and plan contribution obligations.
In our representation of ERISA fiduciaries and beneficiaries, we pursue and defend claims of breach of fiduciary duty. In addition, our experience includes:
- Employee benefit claim disputes
- Representing ERISA fiduciaries in actions involving proper discharge of duties
- Representing ERISA fiduciaries in regulatory proceedings initiated by the Department of Labor