Topic:
Fiduciary Duties

Balancing Business Interests and Fiduciary Duties

Running a business during a divorce requires care on the part of the managing spouse, and it can involve a risk for the out-spouse that his/her interest may be seriously impaired. This panel will discuss how to balance the managing spouse’s fiduciary duty with the need to run a successful business during a divorce and how to protect the out-spouse from abuses by the managing spouse.

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Fiduciary Duties: Theory vs. Reality

Have you ever felt that judges don’t enforce fiduciary duties or punish breaches? This program discusses the duties,what the statutes say about enforcement and how judicial officers actually enforce them, including a discussion of how to obtain greater enforcement from your court. Examples of breaches during marriage, after separation and post judgment.

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Here, There, But Not Everywhere: Problems Involving Fiduciary Duties

Among other unique issues, the panelists will offer tips for applying fiduciary duties in mediation, collaborative law, post-judgment and other situations. Can fiduciary duties be built into mediation or the collaborative process to survive either process and not be shielded by mediation confidentiality? How can fiduciary duties be waived? Can parties contractually extend fiduciary and disclosure duties beyond the division of community property? This panel will explore these and other issues.

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How Do You Induce the Opposing Party to Comply with Fiduciary Duties?

Even with the new 60-day exchange requirements, it is not always simple to persuade the other party to comply with their disclosure obligations. This panel will explore procedures for putting the opposing party on notice that the party is expected to be in full compliance with all post-separation fiduciary duties, including disclosure, and methods for enforcing those obligations when voluntary compliance is not forthcoming.

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