Lord & Lindley | Fiduciary Business Litigation | Shareholder Disputes | Trust and Estate Litigation

Lord & Lindley - Lawyers in Charlotte NC

Breach of Trustees’ Fiduciary Duty – Part 4: Duty to Delegate

December 15, 2016

At common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves.  However, our current financial system’s increasing complexity makes it unreasonable for many trustees to manage trust assets on their own.  The opportunities for investments are endless, and the sophistication of even basic financial instruments has increased since the creation…

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Breach of Trustees’ Fiduciary Duty – Part 3: Duty to Administer Trusts Prudently and Duty to Inform, Report, and Maintain Adequate Records

December 7, 2016

          In Part 2 of this series, we examined trustees’ duties of loyalty and impartiality.  This post will examine the duty to administer trusts prudently and Part 4 will discuss the duty to delegate – or not delegate – in more depth.  The duty to administer trusts involves the basic values…

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North Carolina Business Court Recognizes New Duty to Negotiate in Good Faith

July 22, 2015

While North Carolina has never recognized a fiduciary relationship between lenders and borrowers, in June the North Carolina Business Court did recognized a new cause of action: breach of a duty to negotiate in good faith.[1]    The Court confined its decision to the particular facts present in the case, leaving many questions unanswered regarding this…

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