We are pleased to invite you to listen to our latest release, Sound Business Insights Episode 17 – Violation of Breach of Fiduciary Duty.  In this episode, Dan Watkins defines a fiduciary duty and what happens when a fiduciary duty is breached or violated.  When does the fiduciary duty begin?  What is a fiduciary required by law to do?  Dan Watkins provides many examples of those who legally owe a fiduciary duty to their client, business associate or other beneficiary.  This podcast discusses what is required to prove a breach of fiduciary duty, the defense of “the business judgement rule,” and civil consequences for breach of a fiduciary duty.

Episode 17 – Violation or Breach of Fiduciary Duty is about a principle business concept: trust.  Dan describes a fiduciary as “when one party has an advantage of power, knowledge or other resources over another party.”  This is true when they are doing business with one another, or when one party is serving the other in a specific manner such as a doctor, minister or even a lawyer.  What happens when someone you trust, someone you have relied upon to make important business decisions, monetary decisions, rips you off?  A fiduciary is required by law to act fairly, honestly, openly, and to put the interests of the beneficiary above their own.  To act in good faith.

This episode also shares some of those you may not have realized carry a fiduciary duty under the law such as corporate officers, shareholders, business principles, even insurance companies.  In fact, insurance bad faith is one of the biggest areas of litigation when it comes to breach of fiduciary duty.  Dan discusses the cumis counsel – which is a separate lawyer to represent the interests of the insured in any resulting lawsuit.  Insurance companies are required by law to pay for an insured’s cumis counsel in the event of litigation.

The Watkins Firm has decades of experience defending and pursuing unfair competition claims for our clients in San Diego and Southern California. We invite you to listen to our new podcast Episode 17 – Violation or Breach of Fiduciary Duty, review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.