Miami Breach Of Fiduciary Duty Attorney
A breach of fiduciary duty strikes at the foundation of a business relationship, and recovering from it requires an attorney who understands both Florida’s corporate statutes and the tactical realities of high-stakes litigation.
Warren Gammill & Associates, P.L., represents minority shareholders, managing partners, estate beneficiaries and corporate stakeholders across Miami and South Florida in high-stakes fiduciary matters.
Corporate, Partnership And Estate Fiduciary Breaches
Directors, officers and managing partners owe well-established duties to the companies and stakeholders they serve. The duty of care requires informed, good-faith decision-making. The duty of loyalty demands that personal interests never override those of the company or its shareholders. When either standard is violated, the harm to minority partners and stakeholders can be substantial.
Our attorney litigates breach of fiduciary duty claims involving:
- Pursuing self-dealing transactions where a fiduciary used their position to benefit personally at the company’s expense
- Asserting claims under the corporate opportunity doctrine where a business opportunity was wrongfully diverted
- Litigating misappropriation of assets and suppression of financial information owed to minority stakeholders
- Pursuing derivative actions on behalf of the company where the entity itself suffered harm
- Challenging trustee and personal representative misconduct in high-value probate and estate matters
- Holding fiduciaries accountable for undisclosed conflicts of interest that damaged the company or its principals
Our founding attorney has litigated these matters in Florida courts for over five decades, including disputes involving significant real property portfolios and closely held businesses with substantial revenue.
Remedies For A Breach Of Fiduciary Duty
Florida law provides a range of remedies in a fiduciary duty lawsuit and selecting the right theory of recovery shapes the entire litigation strategy. Our breach of fiduciary duty attorney pursues:
- Compensatory damages for financial losses directly caused by the breach
- Disgorgement of profits obtained through the fiduciary’s wrongful conduct
- Constructive trust over assets wrongfully diverted or acquired
- Injunctive relief to halt ongoing misconduct and prevent further dissipation of assets
- Removal of a partner, director or trustee whose continued role poses an ongoing threat
When the conduct was willful or egregious, punitive damages may also be available under Florida law.
Common Questions About Breach Of Fiduciary Duty In Florida
When a trusted partner, officer or fiduciary has acted against your interests, understanding your legal position is the first step toward recovery. The questions below address what our breach of fiduciary duty attorney hears most often from clients in Miami and South Florida.
Who can be held liable for breach of fiduciary duty in a business dispute?
In Florida, any party holding a position of trust over another’s financial interests can face liability. This includes corporate directors, officers, managing partners, majority shareholders in closely held businesses, trustees and agents acting under a power of attorney. Courts examine the actual nature of the relationship and the degree of control exercised, not just formal title.
What is the difference between a breach of the duty of care and a breach of the duty of loyalty?
The duty of care requires a fiduciary to act on an informed basis and in good faith. A breach occurs when consequential decisions are made without adequate deliberation. The duty of loyalty is a stricter standard, requiring the fiduciary to place the company’s or beneficiary’s interests above their own. Self-dealing, diversion of a corporate opportunity and undisclosed conflicts of interest are classic breaches of the duty of loyalty.
What damages can my business recover in a breach of fiduciary duty lawsuit in Florida?
Florida courts recognize compensatory damages, disgorgement of wrongfully obtained profits, punitive damages where conduct was egregious and equitable remedies including constructive trust and injunctive relief. The specific remedies available depend on the nature of the breach and the financial harm caused. Our attorney can evaluate the full scope of available recovery at the outset of each engagement.
Let’s Start A Strategic Conversation Today
A breach of fiduciary duty by a trusted partner, officer or fiduciary demands an immediate and tactically sound response from a lawyer. The longer misconduct continues unchallenged, the greater the risk of asset dissipation and harm to your position. Contact our Coral Gables office to speak directly with our attorney about your matter.
Request a strategic consultation with an attorney online or call us at 305-874-0317.