Publications

Section Newsletter Articles on Fiduciary Duty

Fiduciary duty of fund investment advisers to investor clients By Elizabeth A. Bleakley Business Advice and Financial Planning, February 2014 A guide to help legal counsel explain to private fund manager clients their fiduciary duties as investment advisers under federal and state securities laws.
Illinois court voids fraudulent real estate contract, applies ‘special relationship’ fiduciary duty rule By Paul B. Porvaznik Real Estate Law, December 2013 In Thorne v. Riggs, the Third District Court examined Illinois fraud in the inducement and fraudulent concealment law and discussed the content and scope of the “special relationship” fiduciary duty rule in the real estate investment idiom.
Damages available for breach of fiduciary duty By Lawrence E. Varsek and Roman R. Okrei Trusts and Estates, August 2011 There are multiple remedies available for breach of fiduciary duty in Illinois, and it is clear that one remedy alone may not be sufficient to compensate an injured party.
Fiduciary duty revisited By John B. Kincaid Civil Practice and Procedure, September 2010 A look at the recent case of Prignano v. Prignano, which in addition to fiduciary duty matters, also stands for current rulings on hearsay, interpretation of the Dead Man’s Act (735 ILCS 8-201) and the duty of a beneficiary to object to the premature closing of an estate and set off.
Awarding attorney fees in fiduciary duty cases By Lawrence E. Varsek and Roman R. Okrei Trusts and Estates, March 2010 Illinois courts have made clear that they will enter an award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty.
Ethics corner: Courtesy or controversy—Drafting attorney-reserved power to amend or revoke client’s trust By Donald L. Shriver Trusts and Estates, March 2010 The close relationship you have with your clients may be ample explanation for some unusual fiduciary relationships.