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Business Disputes: What is a Breach of Fiduciary Duty?

October 13, 2017 · FLEMING | NOLEN | JEZ, L.L.P.

There are a number of business and legal relationships where one party has an obligation to act in the best interest of another. This obligation is known as a fiduciary duty, and it may exist in a number of ways, including some of the following examples: A corporation’s board members’ duty to company shareholders Principal / agent Trustee / beneficiary…
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Ponzi Schemes and “Shale” Games

January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.

Since Bernie Madoff’s massive Ponzi scheme was discovered in 2008, similar fraudulent businesses have been revealed across the country. As these businesses inevitably close down shop and enter bankruptcy, the bankruptcy trustee is given a wide variety of tools to recover money to be distributed to creditors. Illegal transfers and preferential transfers can be scooped back into the bankruptcy estate….
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