Fiduciary Duty, Contract Interpretation

Settle down and sharp practice what you preach

A&O Shearman on 3/3/2023

Where the true interpretation of a contractual release covers unknown claims in fraud, there is little scope for parties to allege that this release should not be given effect due to the other party’s ‘sharp practice’. The...more

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

Winstead PC on 10/18/2022

It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

“Sole Discretion” Language in LLC Agreement does not Eliminate Fiduciary Duties

Stinson - Corporate & Securities Law Blog on 3/4/2020

The Delaware Court of Chancery considered a number of issues in Skye Mineral Investors, LLC et al v DXS Capital (U.S.) Limited et al. The dispute was among members of a Delaware limited liability company, Skye Mineral...more

Confidentiality Agreements: How To Draft Them And What They Restrict

Jackson Walker on 10/14/2013

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

Carlton Fields on 9/10/2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

Georgia Federal Court Holds that Continuing Course of Conduct Did Not Extend Statute of Limitations Period for Fiduciary Breach...

Proskauer - Employee Benefits & Executive... on 8/13/2013

In Stargel et al. v. SunTrust Banks Inc. et al., No. 1:12-cv-03822, (N.D. Ga. Aug. 8, 2013), a Georgia federal judge dismissed a putative class action against Suntrust Banks....more