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SHAREHOLDER DISPUTES &
FIDUCIARY LITIGATION
FIDUCIARY LITIGATION
Brian Lauten has tried lawsuits against fiduciaries, for fiduciaries, and has litigated the hybrid distinction of informal fiduciary relationships that turn on fact determinations by juries—as to whether a relationship of trust and confidence did or did not exist between litigants.
Brian has lectured, spoken on and written extensively on the issue of fiduciary relationships and has taught multiple continuing legal education courses to other lawyers offered through the Texas State Bar on fiduciary litigation---both formal and informal---whether for monetary damages and lost profits or under an equitable forfeiture and disgorgement scenario.
Fiduciaries – whether corporate entities or individuals – are charged with protecting the financial well-being of others; performing their duties with care, loyalty, and good faith; and avoiding a conflict of interest. Whether a dispute arises in the fiduciary relationship – between a trust company and a client, a lawyer and client, a financial institution and its investors, a company’s board of directors and owners, or trustee and beneficiary – Brian has extensive trial experience representing companies and individuals in fiduciary litigation matters.
Brian also has a wealth of knowledge and trial experience representing investors, shareholders, and stakeholders in closely held businesses whose rights have been oppressed by majority and controlling shareholders.
Brian Lauten, P.C. has experience representing a wide range of parties – including lawyers, clients harmed by lawyers, investors harmed by brokers, banks, trust companies, corporate and individual trustees, executors, administrators, guardians and beneficiaries - across myriad fiduciary-related matters, including:
Brian has lectured, spoken on and written extensively on the issue of fiduciary relationships and has taught multiple continuing legal education courses to other lawyers offered through the Texas State Bar on fiduciary litigation---both formal and informal---whether for monetary damages and lost profits or under an equitable forfeiture and disgorgement scenario.
Fiduciaries – whether corporate entities or individuals – are charged with protecting the financial well-being of others; performing their duties with care, loyalty, and good faith; and avoiding a conflict of interest. Whether a dispute arises in the fiduciary relationship – between a trust company and a client, a lawyer and client, a financial institution and its investors, a company’s board of directors and owners, or trustee and beneficiary – Brian has extensive trial experience representing companies and individuals in fiduciary litigation matters.
Brian also has a wealth of knowledge and trial experience representing investors, shareholders, and stakeholders in closely held businesses whose rights have been oppressed by majority and controlling shareholders.
Brian Lauten, P.C. has experience representing a wide range of parties – including lawyers, clients harmed by lawyers, investors harmed by brokers, banks, trust companies, corporate and individual trustees, executors, administrators, guardians and beneficiaries - across myriad fiduciary-related matters, including:
- derivative actions;
- direct shareholder actions;
- receiverships under the Texas Business & Organizations Code for deadlocked companies;
- minority shareholder oppression rights and remedies;
- shareholder disputes;
- self-dealing and conflicts of interest;
- accusations of breach of fiduciary duty;
- breaches of trust;
- lawyer negligence and malfeasance;
- partnership disputes;
- business divorces in limited partnerships, limited liability companies, S corporations,
- publicly held companies, private equity and privately held companies, and closely held companies