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A breach of fiduciary duty occurs any time someone designated with ?fiduciary? status fails to uphold their expected duties. A fiduciary can be anyone who has entered into a formal relationship with another party, which can include spouses, attorneys, business partners, and other common situations.
Any person who has an obligation to act in the best interest of another person or persons is considered a fiduciary. A fiduciary can be a lawyer representing a client, a trustee and a beneficiary, a corporate board and shareholders, and even employees and a company.
One common way for a fiduciary duty to arise is through a contract. The agreement can explicitly state that one is to act as a fiduciary on behalf of another. Even if a contract does not explicitly state that one is acting as a fiduciary, the nature of their duties under the contract will require fiduciary status.
Examples of breaches can include stealing clients away from an employer, misappropriating funds, or working with or for the competition.
Exposing the partnership to liability through negligence or malfeasance; Damaging the goodwill of the company through illegal or wrongful behavior; Concealing important information from partners; Failing to disclose conflicts of interest; or.