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Safeguarding Business Assets And Protecting Business Opportunities

Directors and officers of partnerships, limited liability companies (LLC) and corporations are held to a strict standard of conduct. Collective boards of directors and committees, as well as individual officers and directors, each have a fiduciary duty to the company to conduct their actions to benefit the company and its shareholders and to move the company’s purpose forward. Their fiduciary duty also extends to the company’s workforce, subsidiaries, suppliers, customers and the broader community and environment.

A company’s bylaws or certification of incorporation configures comprehensive fiduciary duties for its directors and officers, generally revolving around:

  • Duty of care
  • Duty of loyalty
  • Duty to act in good faith and fair dealing

Transparent communication and record keeping for the long- and short-term benefit of the company will also factor in to safeguarding business opportunities and business assets.

Breach Of Fiduciary Duty Claims

There are myriad ways board members or corporate officers may swerve from honest dealing or unselfish objectives. Untrustworthy stewards of public trust make news and social media headlines regularly. There are also numerous ways a misunderstanding could result in the perception of a breach of fiduciary duty and consequential damages of that breach.

The team at The Postlethwaite Law Firm PLLC is highly skilled at assisting parties on either side of a breach of fiduciary duty conflict. Whether or not a fiduciary duty exists, and a breach of that duty evidently results in damages, attorney Preston J. Postlethwaite crafts assertive solutions through trial-ready advocacy. This does not mean the resolution to the problem will be through prolonged litigation. Preston is well-respected for not only for his trial and appellate court experience, but also his negotiation acumen in business and corporate law matters.

Objective Facts, Persuasive Arguments, Aggressive Legal Advocacy

If you are contending with allegations of breach of fiduciary duty or your company is dealing with a breach of fiduciary claim, speak with an attorney right away. Strategically stem a potential media outburst with the assistance of an attorney who stays grounded in objective facts and aggressive legal advocacy on your behalf. Call The Postlethwaite Law Firm PLLC in New York at 646-453-6793. You may also contact the firm online through this secure website.