Breach-of-fiduciary-duty disputes are fact-intensive and document-driven, and they often determine the tenor of an entire business divorce. We represent owners pressing these claims to recover what was taken, and insiders defending against overreaching allegations. From Irvine and Century City, Stone LLP serves owners throughout Orange County, Los Angeles, San Diego, and the Inland Empire.
Yes. Partners generally owe each other and the partnership duties of loyalty and care. Managing members of an LLC and directors, officers, and controlling shareholders of a corporation owe similar fiduciary duties.
Depending on the facts, remedies can include compensatory damages, disgorgement of the wrongdoer’s profits, an accounting, a constructive trust over diverted assets, removal of a manager or director, and in serious cases punitive damages.
A direct claim belongs to the owner personally, while a derivative claim is brought on the company’s behalf to recover for harm to the company. Which applies affects who recovers and how the case is litigated, and the distinction can be subtle in closely held companies.
Often yes. Proving self-dealing or diversion can support the grounds for involuntary dissolution and strengthen your leverage in a buyout, in addition to providing its own remedies.