Aiding and abetting breach of fiduciary duty claims are litigated frequently, and this blog has addressed them here and here. The Appellate Division, First Department, recently opined on aiding-and-abetting liability in Cont. Indus. Group, Inc. v. Ustuntas, 211 A.D.3d 601 (1st Dep’t 2022). As the court’s decision shows, aiding-and-abetting claims are readily susceptible to dismissal,…
All posts tagged Fiduciary Relationships
Manipal Educ. Americas, LLC v. Taufiq: Fiduciary Duties of Employees to Employers
Breach of fiduciary duty claims frequently arise within the employment context. As a general matter, employees owe their employers basic fiduciary duties in certain circumstances. A potentially fertile area of litigation involves employees who are disloyal to their employers. A recent decision of the Appellate Division, First Department, contains an informative analysis of fiduciary-duty claims…
Apollo Mgt., Inc. v. Cernich: The Flexibility of Breach of Fiduciary Duty Claims
An interesting and easily overlooked decision of the Appellate Division, First Department, shows just how flexible fiduciary duty claims can be. In Apollo Mgt., Inc. v. Cernich, 202 A.D.3d 527 (1st Dep’t 2022), the court allowed the plaintiffs to seek money damages on a fiduciary-duty theory of liability for misconduct that really fell under an…
Matter of Hersh: Fiduciary Duty Claims and the Statute of Limitations
Regardless of the merits of a plaintiff’s claim, she will be unable to have her day in court if she fails to file suit before the statute of limitations expires. This principle is especially important to breach of fiduciary duty claims, because the statute of limitations governing such claims is elusive and highly dependent on…