David F. Johnson co-presented “Breach of Fiduciary Duty Claims Against Trustees/Managers of Closely Held Businesses” with Kenneth J. Fair from Wright, Close & Barger LLP to the AFHE (Attorneys For Family-Held Enterprises) Fall Conference in Phoenix, Arizona, on November 29, 2021. This presentation discussed how and why trusts own closely held business interests, trustee’s duties regarding those interests, a officer and director’s duties and the business judgment rule, the conflict that can arise between those two capacities, attorney-client privilege issues, paying for attorneys when claims arise, and best-practice advice for attorneys who represent trustees in this situation.

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