Directors, Officers and Fiduciary Liability

Listed below are examples of common claims against fiduciaries, such as directors and officers:

 Allegations of Wrongful Acts 

• Conflict of interest

• Fraudulent conduct, reports, financial statements or certificates

• Breach of conduct

• Torts

• Violation of statutes

• Violation of provisions of articles or by-laws

• Improper self-dealing

• Acquiescence in conduct of fellow directors engaged in improper self-dealing

• Transactions with companies in which officers, directors or trustees are personally interested

Allegations of Financial Mismanagement

• Inefficient administration resulting in losses

• Sale of assets for unreasonably low prices

• Wasting of assets

• Extension of credit where not warranted

• Failure to ascertain whether extension of credit is warranted

Allegations of Fraud, Mistakes or Errors in Judgment

• Failure to disclose material facts

• False or misleading reports

• Dissemination of false or misleading information

• Permitting organization to make improper guarantees

Allegation of Negligence 

• Continual absence from meetings

• Failure to examine reports and documents before signing

• Failure to detect and stop embezzlement of organizational funds

• Failure to file annual report

• Failure to require withholding tax

• Failure to inspect organization books and records to keeps abreast of its activities

• Failure to supervise the activities of others in a proper manner

• Failure to verify facts in official documents before signing them and filing them

• Shirking responsibility

If you or your organization have been harmed by a person or entity in a position of trust, you may have a legal claim against them. Because Lewis & Roberts accepts clients on a contingent fee basis, clients seeking representation need not expect a multi-million dollar bill for attorneys' fees at the conclusion of their litigation. If your case is appropriate for representation on a contingent fee basis, you will owe no attorneys' fee for the litigation unless and until there is a monetary settlement or court verdict in your favor. Justice should not depend on whether you are wealthier than the person or entity that harmed you.