endstream endobj /Tabs /S Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. 396 0 R] 28 [546 0 R 547 0 R 548 0 R 549 0 R 550 0 R 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] /MediaBox [0 0 612 792] >> /Resources 156 0 R We have extensive experience litigating non-compete and tortious interference /Annots [] 15. /Annots [] /Resources 216 0 R The trustee did not have to take any steps to conceal her scheme. Plaintiff fiduciary duty breached that breach of breaching a complaint. Please Select Case 3:17-cv-00266-SMY-SCW Document 1 Filed 03/14/17 Page 1 of 61 Page ID #1 /Tabs /S `lE>;N`|XlH QcC-_=D>)YyjQga=2+I 6w@H;:m| /StructParents 16 48, Decree Granting Authority to Compromise and Settle Claim of Minor without Guardianship, Complaint regarding Misappropriation by Former Employee and Prospective Purchaser, Rebuttal Memorandum Supporting Summary Judgment Motion, Memorandum in Opposition to Appellant's Motion for Summary Judgment, Memorandum in Opposition to Summary Judgment Motion, Appellee's Response to Motion for Summary Judgment, Response of Defendant Mississippi Employment Security Commission to Summary Judgment Motion, Motion for Cancellation Or Modification of Voluntary Treatment Agreement, Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice, Motion for Involuntary Hospitalization Due to Noncompliance With Voluntary Treatment Agreement, Complaint Auto Negligence and Property Damage, Complaint (with pregnant plaintiff involved in accident), Complaint Auto Negligence Commercial Vehicle, Complaint Auto Rear End Collision by Commercial Vehicle, Complaint Negligence Operation of Automobile, Book - Auto Claims without Attorneys - Accident - Personal Injury - by Douglas C. Fitzpatric, Plaintiff's Response to Defendants' Offer of Judgment, Notice to Take 30(b)(6) Deposition - Deposition Subpoena Duces Tecum, Plaintiff's Rule 1006 Business Summary of Medical Expenses, Motion to Quash Deposition Subpoena Duces Tecum, Defendant's Response to Plaintiff's Motion for Summary Judgment on the Issue of Liability, Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability, Supplemental Motion for Trial Continuance, Proposed Jury Instructions - notice of filing, Response to Plaintiff's Motion for Additur or New Trial, Second Supplemental Responses to Plaintiff's First Set of Interrogatories, Motion for Summary Judgment on Behalf of Defendant, First Set Of Requests For Admissions Propounded By Plaintiff to Defendant, Plaintiff's First Set Of Requests For Production of Documents and Things Propounded To Defendant, First Set Of Interrogatories Propounded By Plaintiff To Defendant, Final Judgment of Dismissal With Prejudice, Rebuttal and Support of Motion for Summary Judgment, Complaint regarding Auto Accident for Negligence, Negligence and Personal Injury Questionnaire, Complaint for Negligence and Demand for Trial by Jury, Complaint regarding Auto Accident for Negligence - Guest Passenger against Both Drivers, Second Amended Complaint For Negligence - Assault By Physical Therapist - Jury Trial Demand, Notice of Trespass when Individual is on School Property without Legitimate Business, No Trespass Notice to be Served on Individual, Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity, Notice by Buyer of Rejection of Goods - Risk of Loss Remains on Seller, Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties, Notice to Trespasser of Damage Due to Trespass with Demand for Reimbursement, Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass, Notice of Reward for Return of Lost Article, Notice to Trespasser Requesting that Trespassing be Discontinued, Complaint for Accounting, Conversion, Damages Declaratory Judgment and for Specific, Complaint for Amount Due for Goods Sold and Delivered Pursuant to an Open Account, Answer to Complaint on Open Account and Alleging Nonconformity of Goods Cured by Conforming Delivery, Order Directing Dist. /Annots [] /Tabs /S /StructParents 11 /Kids [6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R /Parent 2 0 R Breach When a fiduciary has been accused of breaching a fiduciary duty, those who were harmed by the breach can take legal action 26 0 obj Tenant, More Real Please see our Privacy Policy. A plaintiff will only need to show: The existence of a fiduciary relationship; Breach of the duty owed by the fiduciary to the beneficiary; and << WebWILMINGTON, Del. The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. /Tabs /S an LLC, Incorporate /Type /Page 0000026221 00000 n /Group 205 0 R /Type /Page /StructTreeRoot 3 0 R /StructParent 2 >> /StructParents 6 Notes, Premarital /Contents [227 0 R 228 0 R 229 0 R] /Tabs /S 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R /Parent 2 0 R /Tabs /S 20 0 obj 0000000016 00000 n /Type /Page << /Tabs /S >> No active concealment is required. This alone is not a conflict of interest because an executors role as a beneficiary is presumed to incentivize them to take proper care of assets. /Annots [] /MediaBox [0 0 612 792] /Type /Catalog endobj 386 0 obj <> endobj /Group 110 0 R 642 0 R] /Annots [] 24 [510 0 R 511 0 R 512 0 R 513 0 R 514 0 R 515 0 R 516 0 R 517 0 R] /Type /Page WebConsequences of a Breach of Fiduciary Duty. /Tabs /S Breach of Fiduciary Duty 43 0 obj endobj /Contents [142 0 R 143 0 R 144 0 R] An executor may also be liable for actions that violated their fiduciary duty even if those actions did not result in a loss in value to the estate. /Contents [97 0 R 98 0 R 99 0 R] /StructParents 21 710 0 R] 36 0 obj Corporations, 50% /Type /Page /Annots [] [cSU /Parent 2 0 R /MediaBox [0 0 612 792] (HTTAP) Program; Investigations & Guidelines; File a Complaint; Data Security Breach ( SB24 ) Data Security Breach Reporting; Submit Data Security Breach; Search Data Security Breaches Internet Crime Complaint Center; Money Wiring /Contents [57 0 R 58 0 R 59 0 R] Agreements, Bill Violations of an Executors Fiduciary Duty. What duties form or breach of duty breached. However, because more than six years had passed since the last breach of fiduciary duty, the district court dismissed the claim. ERISA Causes of Action - PLI 30 0 obj 18 0 obj /Resources 81 0 R /Type /Page The plans trustee conspired with a stockbroker to defraud the plan. /Tabs /S >> >> 0000026506 00000 n /Tabs /S A-Z, Form 41 [671 0 R 672 0 R 673 0 R 674 0 R 675 0 R 676 0 R 677 0 R 678 0 R 679 0 R] The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. 21 0 obj Burch with a complaint a duty to prove a contractual agreement. Please see our Privacy Policy. Breach of Fiduciary Duty /StructParents 43 52 0 obj << The first of these is if someone who is covered by a plan, or a plan beneficiary, files a complaint >> /Group 230 0 R Law Review, BA 2009, American University; JD Candidate 2014, The University of Chicago Law School, Kirkland & Ellis Professor of Law, The University of Chicago Law School, Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School, All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims, Share The University of Chicago Law Review | All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims on, ProCD v Zeidenberg and Cognitive Overload in Contractual Bargaining. %PDF-1.5 xref 0000006400 00000 n /Annots [] For example, an executor-beneficiary who sold an estates property to themselves for a steep discount may have violated their fiduciary duty to protect the estates value and to not give themselves or any other beneficiary preferential treatment. Breach Of Fiduciary Duty Complaint Sample /StructParents 29 /Artifact /Sect /Annots [] /Contents [122 0 R 123 0 R 124 0 R] /Contents [278 0 R 279 0 R 280 0 R] Templates, Name 0000000893 00000 n 4[wUH3 "*Rbo~~* Gr[|5jh.onw ci/ qt$TM&c[Q }XCBG`elrut?N%#~'7/0F% x%\@ IUBn+EI BREACH OF FIDUCIARY DUTY CLAIMS - North Carolina Dismissal of a shareholders breach of fiduciary duty claim against a special purpose investment vehicle (SPAC) and certain of its executives and directors stemming from the defendants alleged issuance of a materially misleading proxy statement in connection with a merger deal is not warranted because the defendants failed to endobj /Resources 201 0 R Real Estate, Last /StructParents 9 ~W|O ~} cG+^= nT endobj 414 0 obj <>stream 0000006853 00000 n /Tabs /S /Macrosheet /Part for breach /Annots [] Divorce, Separation /Type /Page The complaint alleged breach of contract and breach of fiduciary duty, among other claims, and sought injunctive and declaratory relief. /Endnote /Note /Contents [102 0 R 103 0 R 104 0 R] Complaint /Annots [] endobj /Producer <4D6963726F736F6674AE20576F726420323031363B206D6F646966696564207573696E67206954657874AE20352E352E3920A9323030302D323031352069546578742047726F7570204E5620284147504C2D76657273696F6E29> Once a probate court has found that an executor breached their fiduciary duty, the court may halt or reverse an executors actions, remove the executor, or order the executor to compensate the estate for its losses. Complaint /Annots [] A copy of this disclaimer can also be found on our Disclaimer page. endobj & Resolutions, Corporate /Type /Pages /Type /Page Be careful to use the form that fits your case and the type of pleading you want to file. /Type /Page 0000001693 00000 n /Tabs /S /Resources 61 0 R << 0 >> Case 3:17-cv-00266-SMY-SCW Document 1 Filed 03/14/17 Page 1 of 61 Page ID #1 << /MediaBox [0 0 612 792] << /Annots [] 42 0 obj /Group 200 0 R Breach Of Fiduciary Duty And Breach Of Trust - California Mixing estate assets with an executors personal assets, such as depositing income from an estates rental property into the executors personal bank account, may also be a violation of the executors fiduciary duty. Complaint /Type /Page Sample Demurrer - LegalMission << The stockbroker illegally churned the plans securities by repeatedly trading them, splitting the brokerage fees with the trustee in exchange for her silence. endobj /Parent 2 0 R >> Ford v. Brooks Complaint for a Civil Case Alleging Breach of Contract endobj /Rect [71.8000030518 672 237.3200073242 684] for Deed, Promissory <> >> 0000005394 00000 n Law Firm 542 0 obj << /Linearized 1 /O 545 /H [ 1106 587 ] /L 252262 /E 116767 /N 29 /T 241303 >> endobj xref 542 23 0000000016 00000 n 0000007346 00000 n /Slide /Part & Estates, Corporate - << If an executor breaches their fiduciary duty, they may face consequences such as removal from their position and an obligation to pay back any losses attributable to their actions. Will, Advanced Common examples of breach of fiduciary duty: Self-dealing or conflict of interest. 30 [568 0 R 569 0 R 570 0 R 571 0 R 572 0 R 573 0 R 574 0 R 575 0 R] /MediaBox [0 0 612 792] /Type /Page Handbook, DUI 0000002088 00000 n Trustee's Guide to Breach of Trust Claims 28 0 obj of Sale, Contract /Parent 2 0 R >> 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R 45 0 R services, For Small For example, it is probably unreasonable for an executor to loan themselves money from estate funds, even if they promptly pay back the debt. /Annots [] 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R endobj << Whether to bring a breach of fiduciary duty derivatively in addition to asserting a direct Delaware Courts Simplify Rules for Derivative Actions, Analyze /MediaBox [0 0 612 792] /Group 115 0 R /Tabs /S 38 0 obj /Resources 76 0 R /Resources 131 0 R 31 0 obj /Type /Page If you suspect your financial adviser is in breach of their fiduciary duty, you can file a complaint with FINRA, the SEC, or both. WebDescription - Oregon Complaint - Derivative Action - Breach of Fiduciary Duty - Accounting. NY lawyer sued after company claims she quiet quit her job Business Packages, Construction << << endobj Complaint for Breach of Fiduciary Duty - Trust - US Legal >> << Agreement to Merge Businesses, Sample Complaint - Breach of Contract - Exploration and Consultant Agreement, Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress, Order Dismissing Case for Want of Prosecution, Breach of Contract to Provide Steel and Work, Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees, Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities, Response in Opposition to Defendant's Motion to Transfer Cause, Memorandum Brief in Opposition to Motion to Transfer Cause to Chancery Court, Defendant's Response to Plaintiff's Requests for Admission, Rebuttal Memorandum Brief Supporting Motion to Transfer Cause to Chancery Court, Agreed Order on Appointment of Special Master, Answer and Affirmative Defenses to Complaint, Notice of Service of First Request for Interrogatories and Request for Production of Documents, Application to Confirm Arbitration Award and for Entry of Judgment, Agreed Order of Confirmation of Arbitration Award and Dismissal, Answer and Defenses to Second Amended Complaint, Temporary Restraining Order and Order of the Court, Order of the Court and Preliminary Injunction, Motion to Temporary Restraining Order and Preliminary Injunction, Application for Entry of Default Judgment, Complaint for Breach of Implied Covenant of Good Faith and Fair Dealing, Complaint for Breach of Fiduciary Duty - Trust, Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty, Complaint for Breach of Fiduciary Duty - corporation vs individual employee, Sample Complaint for breach of rental agreement, Complaint by Law Firm for Breach of Retainer, Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product, Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages, Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood, Notice of Breach of Warranty of Fitness for a Particular Purpose, Civil Action Case Management Order Pursuant To Rule 5:5-6, Certificate of Licensed Examiner West Virginia Code: Section 27-5-2, 3, 4 and Section 27-5-11, Complaint For Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand, Complaint For Employment Discrimination Against Casino, Request for Reasonable Accommodation - Client or Applicant for Services, Request for Reasonable Accommodation - Employee or Applicant for Employment, Discrimination Complaint - Client or Vendor, Civil Rights Pre-Award Compliance - Child Nutrition Programs, Complaint in Federal Court for Violation of Civil Rights Act Denial of Necessary and Adequate Medical Care and Treatment for a State Inmate, Order for Release and Redelivery of Property, Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession, Notice of Exception to Sureties and Hearing on Justification of Sureties, Undertaking by Personal Sureties - same as AT-160, Findings on Application for Claim and Delivery Order, Notice of Application for Writ of Possession and Hearing, Declaration for Ex Parte Writ of Possession, Declaration for Temporary Restraining Order, Complaint and Affidavit for Claim and Delivery - Summons - Fiat - Order, Affidavit and Request for Hearing in Claim and Delivery, Prejudgment Claim of Right to Possession - Unofficial form for service with summons in unlawful detainer cases, Claim of Right to Possession - Unofficial form for use by levying officers in unlawful detainer cases, Judgment of Committal of a Chemically Dependent Person for Treatment, Emergency Judgment for Interim Commitment, Complaint for Emergency Commitment of a Chemically Dependent Person for Treatment, Order Setting Cause for Hearing and Committing and Confining Defendant Without Notice to Mississippi Baptist Chemical Dependency Unit, Order for Involuntary Emergency Commitment, Complaint for Judgment of Committal to Hospital, Supreme Court of Appeals of West Virginia Worker's Compensation Docketing Statement, Complaint to Quiet Title by Adverse Possessor with Unknown Defendants, Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club, Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning, Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor, Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts, Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts, Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal, Complaint against Nurse and Correctional Institute for Damages for Failure to Give Medication to an Inmate, Complaint and Summons for Balance Due on Credit Card Account, Complaint for Loss of Property Left for Repair, Complaint for Specific Performance to Enforce Settlement and for Punitive Damages, Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye, Complaint Against Police Officer for Unlawful Arrest, Search, and Incarceration Resulting in Personal Injuries - Police Brutality and Unlawful Detainment, Complaint Against Skating Instructor for Inattentiveness which Resulted in Fall on Ice by Student - Personal Sports Injury, Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player, Complaint by Patron of Public Swimming Pool Injured while Diving due to Improperly Marked Depth Signs - Personal Sports Injury, Complaint for Negligence by Ambulance Company in Dropping Patient While Transferring Patient to Gurney, Complaint for Malicious Prosecution Involving Filing a False Police Report, Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention, Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager, Amended Petition for Concursus by Attorney Seeking Fees, Complaint for Breach of Contract for Failure to Disclose Condition of Property, Complaint for Damages and Fraud for Failure to Disclose Property Condition against Agent, Seller, Broker, Complaint for Declaratory Relief and Damages by Condo Owner against Association, Complaint to Confirm Title and Remove Clouds and Complaint for Slander of Title, Motion for Approval of Compromise and Entry of Judgment Confirming Title, Waiver of Process and Joiner of Request for Relief, Complaint to Correct Warranty Deed and to Remove a Cloud, Requests for Production of Documents and Things, Amended Answer to Complaint to Confirm Title, Brief in Support of Motion for Summary Judgment, Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions, Plaintiff's First Set of Interrogatories, Request for Production of Documents and Things, and Request for Admissions, Complaint Against Contractor and Surety for Abandonment of Construction Project, Complaint Against Building Contractor for Failure to Complete Construction, Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner, Complaint for Defective Home Construction, Defective Design, Complaint regarding Subcontractor against contractor and surety, Petition Against Sports Facility Construction, A04 Order Directing Dist. 3 0 obj /MediaBox [0 0 612 792] WebThe Commissioner brings this action seeking damages caused by Defendants breach of contract and fiduciary duty and to request necessary equitable and ancillary relief. << 35. /Type /Page 0000003227 00000 n /Tabs /S /Contents [257 0 R 258 0 R 259 0 R] /Group 275 0 R Amendments, Corporate 0000004375 00000 n /Creator Trust, Living The University of Chicago /Tabs /S However, the district court cited the majority legal rule, which combines the phrase fraud or concealment into fraudulent concealment. For fraudulent concealment to apply, the fiduciary has to take steps to actively conceal the breach. /StructParents 34 34 [602 0 R 603 0 R 604 0 R 605 0 R 606 0 R 607 0 R 608 0 R 609 0 R] /K [53 0 R] Sale, Contract >> /Contents [67 0 R 68 0 R 69 0 R] California Department of Corporations-Complaint 721 0 R 722 0 R 723 0 R 724 0 R 725 0 R 726 0 R] /Resources 96 0 R << 39 0 obj 30:2050.4, Jurat or Certificate of Authorized Officer that Affidavit was Properly Made Regarding an Affiant Unable to Understand the English Language, Affidavit of Age Request for Permanent Exemption from Jury Service, Complaint regarding double rent damages for holdover, Complaint by Resident for Return of Deposit, A03 Response of Defendant to Plaintiff's Motion for Summary Judgment, A04 Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion, Complaint Consumer Fraud Act by Tenant for Mold, Complaint - Lessor Failure to Return Security Deposit, Complaint for Legal Malpractice - General Form, Complaint regarding Legal Malpractice in adoption case, Complaint For Libel Against Publisher of Newspaper - Defamation of Character, Cease and Desist Letter for Libelous or Slanderous Statements - Defamation of Character, Notice of Intent to Sue Publisher for Libel, Notice or Demand for Retraction Regarding Libelous Publication and Apology - Defamation of Character, Notice or Demand for Retraction Regarding Libelous Publication - Defamation of Character, Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease, Complaint for Damages for Negligence - Loss of Spousal Relations, Complaint for Malicious Prosecution, False Imprisonment, Abuse of Process, Order Authorizing Withdrawal and Substitution, Private Early Mediation Form for Medical Malpractice Mediation, Multi-Door Medical Malpractice - Early Mediation Form, Early Mediation Report to Court - Medical Malpractice Mediation, Medical Malpractice - Confidential Mediation Statement, Medication Data Form - Medication Error and Near Miss Classification, Complaint for Medical Malpractice regarding Surgical Procedure, Complaint for Medical Malpractice regarding Diagnosis and Treatment, Complaint regarding Veterinarian Malpractice for Surgical Procedure, Plaintiff's First Set of Interrogatories and Requests for Production of Documents and Things to Defendant, Separate Answer and Defenses to Plaintiff's Amended Complaint, Notice of Video Deposition to Use at Trial, Plaintiff's First Set of Requests for Admissions to Defendant, Motion to Reconsider Order on Motion for Summary Judgment, Interrogatories and Request for Products to Defendant, Response to Motion to Reconsider Summary Judgment, Interrogatories - First Set and Request for Production of Documents to Defendant, Final Judgment Granting Motion for Summary Judgment, Dispositional Order - Protection or Services Ch. Plaintiff fiduciary duty breached that breach of breaching a complaint. Agreements, Letter Web grabar law office files stockholder derivative complaint for breach of fiduciary duty against officers and directors of cleanspark, inc. One Liberty Place 1650 Market Street Divorce, Separation There are currently two interpretations of the fraud-orconcealment exception. >> /StructParents 25 /Parent 2 0 R Dismissal of a shareholders breach of fiduciary duty claim against a special purpose investment vehicle (SPAC) and certain of its executives and directors stemming from the defendants alleged issuance of a materially misleading proxy statement in connection with a merger deal is not warranted because the defendants failed to /Group 165 0 R Iry| VV'dpg#K,>pI !*>XDpw,lLOFx$"w\Ac)!nOn]:X{F-._' 2?i$D?~%0 EyUN1BD+d%P_1xnG?FkI0MdN>q?k,0!3N?^m,:LFc8r ,JYBC7/]]M?oe)>Z 1A/mG{wc,A% Thanks to Omri Ben-Shahar, Dick Craswell, Ariel Porat, and D.C. Toedt for helpful comments. 0000019080 00000 n Technology, Power of BREACH OF FIDUCIARY DUTY
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complaint for breach of fiduciary duty sample