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California › Attorney's Fees › Fiduciary Duty

McManis Faulkner

May a Trustee use Trust Funds in Beneficiary Disputes?

McManis Faulkner on

In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more

Allen Matkins

Unsuccessful Derivative Plaintiff Found Personally Liable For Defendant's Attorneys' Fees

Allen Matkins on

I expect that most plaintiffs in derivative actions do not expect to pay a defendant's attorneys' fees if they lose because under the "American Rule" each side pays their own attorneys' fees, regardless of who wins.  A...more

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