First Run Broadcast: September 9, 2016
1:00 p.m. E.T. (60 minutes)
This program will provide you with a wide ranging discussion of developments in fiduciary litigation. The program will cover significant developments in claims based on the tortious interference with an inheritance expectancy in fiduciary litigation. The program will also cover trends in claims against trustees, including failure diversity trust assets and the exercise of discretionary distribution powers, and the preclusion of claims on the basis of “no contest” clauses. This program will provide you with a guide to developments in fiduciary litigation and discuss how these developments alter prior law.
· Review of significant case law developments and trends in fiduciary litigation
· Tortious interference with an inheritance expectancy – how tort law is spreading in fiduciary litigation
· Developments in claims against trustees – discretionary distributions, failure to diversify, failure to communicate
· Enforceability of no-content clauses
· Claims of fraud in lifetime gifts
· Developments in the exercise of undue influence and duress
Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group. He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.