Breach of Fiduciary Duty

Our Georgia corporate attorneys help businesses and individuals statewide navigate disputes involving alleged breaches of fiduciary duty.

Corporate officers and directors owe a fiduciary duty to the corporation and its shareholders. This duty requires them to put the business’s interests above their own and to act with loyalty, honesty, and care. A breach of fiduciary duty in Georgia can result in personal liability for a corporate officer, director, or any other person in a fiduciary role.

What is a Fiduciary Duty?

A fiduciary duty is a legal obligation to act in the best interests of someone else. For corporations, that means officers and directors must act in the best interests of the company and its shareholders. In some cases, fiduciary duties may even extend to third parties.

Proving a Breach of Fiduciary Duty in Georgia

To win a breach of fiduciary duty case in Georgia, a plaintiff must prove the following:

• Existence of a fiduciary duty: Officers and directors owe this duty to a corporation; however, with other types of business entities or employees, the existence of a fiduciary duty can be less clear.
• Breach of the duty: A breach happens when an officer or director fails to act in good faith or engages in gross negligence.
• Damages: Damages can include direct financial losses, harm to the company’s reputation, or lost opportunities.

Our Georgia Corporate Fiduciary Duty Attorneys are Here to Help

Our Georgia corporate attorneys understand the legal standards involved with fiduciary duties and the business realities that drive these kinds of disputes. If your business is facing a fiduciary duty dispute or if you have been accused of breaching your fiduciary obligations, call us at (678) 882-0830 to speak with an experienced Georgia corporate attorney.