Blog 
Breach of Fiduciary Duty
- New York Breach of Fiduciary Duty Lawyer: Housing Crisis Lawsuits
- Split NY Appeals Court Allows Retaliation Claim to Survive Dismissal
- Possible Breach of Fiduciary Duty in Sale of Quest Software
- METLife Sued by Investor for Breach of Fiduciary Duty
- Hulk Hogan’s Wife Cleared of Breach of Fiduciary Duty
Library
Breach of Fiduciary Duty
- Why Proving Justifiable Reliance in a New York Fraud Claim Isn't Easy
- When A Whistleblower Can Sue for Wrongful Termination in New York
- One Powerful Way to Defeat a Fraudulent Inducement Claim in New York
- How to Calculate the Statute of Limitations for a New York Breach of Fiduciary Duty Claim
- How Non-Solicitation & Breach of Fiduciary Duty Claims Overlap Under New York Law
Case Results
Non-Compete Agreements
Breach of Contract
- Defense of Over $550,000 in Breach of Contract Claims Against Mortgage Broker Settled for Under $20,000
Awarded: $17,000
Other
- Aiding and Abetting of Fraud Action Against Client Dismissed
- Plaintiffs' Federal Claims for Trespass, Negligence Against Client Dismissed
- $500,000 Judgment Against Developer Reduced by Over 2/3
Awarded: $0 - All Claims Against Our Client Were Dismissed
Awarded: Case Against Client Dismissed
When Can I File Breach of Fiduciary Duty Lawsuit in New York?
A: When a company or person feels they have been wronged by another member of a contract, they can file a lawsuit for breach of fiduciary duty. A New York breach of fiduciary duty claim is different than a breach of contract, and is treated differently by the court of law.
A breach of fiduciary duty is created in a very limited set of circumstances where there is a level of trust and security that goes beyond a normal business relationship. This type of lawsuit can only be brought when courts deem the relationship to meet that level.
There are a few types of relationships that can fall under a fiduciary relationship:
- Financial Advisors
- Corporate Officers and Directors
- Real Estate Brokers
- Business Partners
- Attorneys
There is also a New York breach of fiduciary duty statute of limitations for a lawsuit, and it must be made within the limit to be considered. There two levels of the limitations:
- Three Years: A claim that focuses on monetary compensation must be made within three years.
- Six Years: A claim can be made after up to six years if the claim is seeking an injunction against the employee, or when fraud is involved.
It’s fairly difficult to make a case for breach of fiduciary duty in New York, but if you feel your company has been wronged and you want to bring a lawsuit against another signer of a contract, a New York business lawyer can answer questions you have about what steps to take next. Contact the Law Offices of Jonathan M. Cooper for a free consultation. Also be sure to order your FREE copy of When You Don’t Have a Written Agreement to get started.
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Testimonials
- Jonathan is a terrific lawyer and a great person ... I have found him to be extremely knowledgable and a zealous and effective advocate for his clients.
- Jonathan defended us against a lawsuit relating to a non-compete. He was professional, knowledgeable and easy to work with. I hope to never get sued again but if I do, I would call Jonathan before anyone else.
- Jonathan Cooper's articles eclipsed all others in terms of content, readability and, most of all, they were very specific about New York's breach of contract laws.
- Jonathan provided the expert advice I needed to feel comfortable with a litigation involving my former company regarding a non-compete.
News
- Bank of New York Mellon Faces Lawsuit for Breach of Fiduciary Duty...
Posted on 4/25/2012 - Kenneth Cole Under Investigation for Possible Breach of Fiduciary Duty...
Posted on 4/20/2012 - Investigation of Possible Breach of Fiduciary Duty in CVR Energy...
Posted on 4/12/2012 - Possible Breach of Fiduciary Duty in Sale of General Bearing Corp...
Posted on 2/27/2012 - Investigation of Possible Breach of Fiduciary Duty by Taleo Board...
Posted on 2/27/2012 - Micromet Under Investigation for Possible Breach of Fiduciary Duty...
Posted on 2/7/2012 - Convio, Inc. Under Fire for Possible Breach of Fiduciary Duty...
Posted on 1/30/2012 - Sale of Gotham Bank Possibly a Breach of Fiduciary Duty...
Posted on 1/28/2012
FAQs
Non-Compete Agreements
- What is the employee choice doctrine and how does it apply to my New York non-compete agreement?
- What does it mean if my New York employment agreement contains a non-solicitation provision?
- How concerned should I be about my New York non-compete agreement?
Tortious Interference
Breach of Fiduciary Duty
- How can I determine whether someone is a fiduciary under New York contract law?
- How Can You Defeat a New York Fraudulent Inducement Claim?
- What Counts as a Fiduciary Relationship Under New York Law?
Breach of Contract
- What part of a New York breach of contract claim is most important to prove?
- What should I do if my former employer is suing me for New York breach of contract?
- Can there be a NY breach of contract without an actual contract?