2015 FIDUCIARY LITIGATION UPDATE First Run Broadcast: May 4, 2015 Live Replay: August 17, 2015 1:00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T. (60 minutes) Claims challenging estate and trust plans continue to rise in number and change in theory. There is a steep rise in clams based on the quasi-tort theory of interference with an inheritance expectancy. There is also an emerging theory claiming that lifetime gifts or the establishment of an inter vivos trust which avoids any assets passing through probate is a form of fraud and thus a fiduciary breach. These new claims join continuing developments in challenges to the distribution practices of trustees, properly managing the diversification of concentrated positions in a volatile market, and the exercise of undue influence on elderly benefactors. This program will provide you with a practical guide to recent developments and trends in fiduciary litigation. • Review of significant case law developments and trends in fiduciary litigation • Trends in tort-like claims, including interference with an inheritance expectancy • Lifetime gifting and the avoidance of probate as a form of fraud claim • Failure to diversify and properly manage continuing market volatility • Claims based on breach of distribution polices or abuse of discretionary distributions • Trends in the assertion undue influence and the presence of duress • Trends in defending fiduciary claims, including waivers Speaker: 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.
20
Embed
2015 FIDUCIARY LITIGATION UPDATE First Run Broadcast: May ... · Date: August 17, 2015 Seminar Title: 2015 Fiduciary Litigation Update Location: Teleseminar - LIVE Credits: 1.0 MCLE
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
2015 FIDUCIARY LITIGATION UPDATE First Run Broadcast: May 4, 2015 Live Replay: August 17, 2015 1:00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T. (60 minutes) Claims challenging estate and trust plans continue to rise in number and change in theory. There is a steep rise in clams based on the quasi-tort theory of interference with an inheritance expectancy. There is also an emerging theory claiming that lifetime gifts or the establishment of an inter vivos trust which avoids any assets passing through probate is a form of fraud and thus a fiduciary breach. These new claims join continuing developments in challenges to the distribution practices of trustees, properly managing the diversification of concentrated positions in a volatile market, and the exercise of undue influence on elderly benefactors. This program will provide you with a practical guide to recent developments and trends in fiduciary litigation.
• Review of significant case law developments and trends in fiduciary litigation • Trends in tort-like claims, including interference with an inheritance expectancy • Lifetime gifting and the avoidance of probate as a form of fraud claim • Failure to diversify and properly manage continuing market volatility • Claims based on breach of distribution polices or abuse of discretionary distributions • Trends in the assertion undue influence and the presence of duress • Trends in defending fiduciary claims, including waivers
Speaker: 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.
VT Bar Association Continuing Legal Education Registration Form
Please complete all of the requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT 05601-0100. Fax: (802) 223-1573 PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name ________________________ Middle Initial____Last Name___________________________
Check enclosed (made payable to Vermont Bar Association) Amount: _________ Credit Card (American Express, Discover, Visa or Mastercard) Credit Card # _______________________________________ Exp. Date _______________ Cardholder: __________________________________________________________________
VBA Members $75 Non-VBA Members $115
NO REFUNDS AFTER August 10, 2015
Vermont Bar Association
CERTIFICATE OF ATTENDANCE
Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: August 17, 2015 Seminar Title: 2015 Fiduciary Litigation Update
Location: Teleseminar - LIVE Credits: 1.0 MCLE General Credit Program Minutes: 60 General Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.